Vol. 478 No. 1
83 Mr. Cowen asked the Minister for Health if the Blood Transfusion Service Board has responded to his letter requesting it to outline its approach to liability in hepatitis C cases; if so, if he will give details of this response; if the Blood Transfusion Service Board has now accepted liability in cases; the number of such cases; the current State position on admitting liability in cases; and if he will make a statement on the matter. [10694/97]
Limerick East): On 16 April 1997, the Blood Transfusion Service Board responded to my letter requesting it to outline its approach to liability in hepatitis C cases. The BTSB informed me inter alia in its response that it had decided that it will admit liability for negligence in court proceedings where claimants were directly or indirectly infected with hepatitis C through Anti-D Immunoglobulin supplied by the board. In such proceedings and in other court proceedings where claimants allege infection with hepatitis C from blood, blood components or derivatives supplied by the board, the board informed me that it will admit the findings of fact contained in the report of the tribunal of inquiry. I have been informed by the BTSB that prior to this decision it had admitted liability in six cases. The board has informed me that it is not in a position to decide whether aggravated or exemplary damages should be awarded in any case, as this is a legal issue which falls to be judicially determined.
In those cases (28 persons to date have been diagnosed antibody positive for hepatitis C virus who received blood or blood products between February 1991 and September 1991) arising out of the facts described in Chapter 6 of the report of the tribunal of inquiry concerning the failure to agree to the introduction of hepatitis C screening between February 1991 and September 1991, the State proposes to admit liability. In addition, the State also proposes to admit liability in those cases, if any, which are attributed to the inadequate recall procedure as outlined in Chapter 13 of the report. As these cases identify themselves the State will admit liability at the earliest opportunity.
