Dáil Éireann debate -
Tuesday, 4 Mar 1997

Vol. 475 No. 7

Adjournment Debate. - Hepatitis C Compensation Tribunal.

Mr. Cowen

There is a need for the Minister for Health, Deputy Noonan, to give full information to the House on the latest revelation in the hepatitis C controversy. There is a need for him to clarify, as a matter of extreme urgency, the circumstances surrounding the infection of persons in 1970-71 with the hepatitis C virus. It has been reported in the media that a woman infected with hepatitis C as a result of a blood transfusion at that time subsequently died and that her family received compensation from the hepatitis C compensation tribunal. This revelation is significant as up until now the hepatitis C infection scandal has been associated with events since 1976.

The case reported in the media appears to set a precedent whereby those infected with hepatitis C through blood or blood products in years prior to 1976 may make claims and receive compensation. The woman involved is understood to have died of liver cancer in 1994, just after the 1976 scandal became public. When terminally ill in 1994 her doctor made contact with the chief medical consultant at the Blood Transfusion Service Board and is understood to have asked that the source of her infection be traced and that others who may have received blood from the same batch in 1970-71 be traced and notified of the infection.

It has been reported that the response of the Blood Transfusion Service Board and of the former Minister for Health, Deputy Howlin, was grim. The woman involved died without knowing if her family would be compensated and the full circumstances surrounding her infection explained. Even after her death it was reported that the Minister also sent holding letters. I call on him to outline in detail the background to this case and how the infection occurred. How many other cases are there and why was the matter not disclosed in the public interest before now? What are the implications for the compensation tribunal and the judicial inquiry which has been looking at events since 1976 only, even though it appears the Minister was aware of infections prior to this date?

A targeted look-back programme commenced in October 1994 to identify persons who may have been infected with hepatitis C as a result of a transfusion. How many people have been identified under this programme? In a recent reply the Minister informed me that 270 living recipients have been traced, 230 have been tested and 128 are antibody positive. Why have the remaining 40 not been tested? How many deceased recipients have been identified? It is my understanding that the families of deceased recipients have not been notified of the possible infection.

This latest revelation is another example of the Government's drip feed of information in dealing with the hepatitis C problem. The Minister has a duty to inform the public of the full facts of this case. It appears the public interest has not been kept to the fore in his consideration of these matters.

Minister for Health (Mr. Noonan,

Limerick East): As the Deputy will be aware, the terms of reference of the tribunal of inquiry on the hepatitis C infection of blood and blood products specify at paragraph 1 the following matter of public importance:

The circumstances in which Anti-D, manufactured by the Blood Transfusion Service Board (BTSB), was infected with what is now known as Hepatitis C and the implications thereof, including the consequences for the blood supply and other blood products.

I expect to receive the final report of the tribunal of inquiry shortly. In the meantime it would be inappropriate for me to make any comment which may be seen to pre-empt the findings or recommendations of the tribunal which was established on foot of a motion passed by both Houses of the Oireachtas.

On the eligibility of persons to apply to the compensation tribunal, clause 1 of the compensation scheme states that its purpose is to provide compensation:

(a) to women who have been diagnosed positive for Hepatitis C antibodies or Hepatitis C virus resulting from the use of Human Immunoglobulin-Anti-D within the State;

(b) to any person who has been diagnosed positive for Hepatitis C antibodies or Hepatitis C virus as a result of receiving a blood transfusion or a blood product within the State. Such a person, where the context so requires, is hereinafter referred to as a "transfusee claimant"; and

(c) to children and partners of persons referred to at (a) and (b) above who have been diagnosed positive for Hepatitis C antibodies and/or Hepatitis C virus.

The scheme shall continue indefinitely so as to give effect to the said purpose.

Clause 4 of the compensation scheme states that the following persons may make claims to the tribunal:

(a) the persons referred to at Clause 1 above;

(b) any person responsible for the maintenance of any of the persons referred to at Clause 1 above, and who has incurred financial loss, and/or incurred expenses, as a direct result of providing such maintenance arising from the condition diagnosed and referred to at Clause 1;

(c) where any of the persons mentioned at Clause 1 above has died as the result of having contracted Hepatitis C, any dependant of such person.

The compensation scheme does not make reference to when a claimant was infected with the antibodies or virus. A person who has contracted hepatitis C as a result of receiving a blood transfusion or blood product within the State or a carer or dependant of such a person as set out in clause 4 is eligible to apply for compensation. Claimants are required to establish, on the balance of probabilities, that the hepatitis C antibodies or hepatitis C virus in respect of which the claim is being made resulted from a blood transfusion or blood product received within the State.