Dermot Ahern
Question:95 Mr. D. Ahern asked the Minister for Health the awards and costs which have been made by the courts in connection with the hepatitis C issue; and if he will make a statement on the matter. [19071/96]
Written Answers. - Hepatitis C.
Limerick East): To date a settlement and order for costs has been made in one case. The High Court ordered that the sum of £175,000 paid into court by the Blood Transfusion Service Board in the case in question be withdrawn from deposit and paid out to the plaintiff's solicitors. The plaintiff was also awarded costs of the action against the BTSB and when taxed and ascertained such costs to include reserved costs and costs of third party discovery.
It was also ordered that the proceedings be struck out with no order as to costs as against the Minister for Health, the National Drugs Advisory Board, Ireland and the Attorney General.
Dermot Ahern
Question:96 Mr. D. Ahern asked the Minister for Health the awards, including costs, made by the hepatitis C tribunal to date; and if he will make a statement on the matter. [19072/96]
Limerick East): The tribunal to compensate certain persons who have contracted hepatitis C from the use of human immunoglobulin — anti-D, whole blood or blood products has to date made 161 awards including 119 lump sum awards and 42 provisional awards. The total amount of the awards made to date is approximately £17.9 million excluding legal costs and expenses. The average amount of awards made to date is £112,000 and the awards have ranged from £15,200 to £332,756.
Under Clause 18 of the compensation scheme a claimant to whom an award is made is entitled to the legal costs and expenses associated with the claim. The payment of a claimant's costs is not contingent on the acceptance of the award made. To date, costs have been agreed by the Chief State Solicitor's Office and paid in 26 cases amounting to £345,716, giving an average of £13,296.76 in each case. Where costs are not agreed by the Chief State Solicitor's Office they are referred back to the tribunal to determine the quantum of costs and expenses. I understand that the tribunal will adjudicate in respect of the quantum of costs and expenses in three cases in the near future.