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Dáil Éireann debate -
Tuesday, 29 Apr 1997

Vol. 478 No. 4

Adjournment Debate. - Three-In-One Vaccination.

On 14 August 1969, Patrick O'Halloran was born to his mother Mrs. Nora O'Halloran and his father who still reside at Boleybeg, Barna, County Galway. In February 1970, he received a three-in-one vaccination under the State administered scheme and received further vaccinations between March and May of the same year. This person, who is now 28 years old, has the intelligence of a one year old infant and his physical development is comparable to that of a child of eight or nine years of age. Patrick's mother is convinced this is a result of the administration of the three-in-one vaccination.

My attempts to assist Mrs. O'Halloran's investigation into the source of the vaccination have failed because the Western Health Board and the Department of Health, which were charged with responsibility for administering State medicine, did not keep proper records. We are aware that batch No. 3741, which was administered to a child of the Best family in Cork, was identified as being the offending batch. This batch was administered at approximately the same time that Patrick O'Halloran of Boleybeg, Barna received his vaccinations.However, because no records were kept, all attempts to establish the connection have failed due to the negligence of State authorities. The State has a moral duty to make an ex gratia payment to the O'Halloran family to provide for Patrick's future care, and to others who find themselves in similar circumstances.

I raised this tragic case on numerous occasions in the House and received various answers from Ministers from different parties. I make no accusations against the current Minister of State but it is time serious consideration was given at Government level in respect of this and similar cases, to the State's obligations and responsibilities.

I will quote from a letter I received from a solicitor who took up this case and ran into difficulties similar to those experienced by Mrs. O'Halloran and myself. He states:

As you are aware, despite many attempts, it is proving extremely difficult to obtain information as to whether Patrick O'Halloran was administered a Three-in-one vaccine which was out of the offending batch (as located in the Best case). In other words, the State is refusing to supply this information to us.

In the light of the hepatitis C scandal, it seems unacceptable that the State would refuse to give this information to the mother of a child, whose child has suffered grievously. It would appear that the Department\Western Health Board should be in a position to obtain this information. The Department purchased the products from Wellcome Corporation and should be in a position to trace the offending batch (as to whether same was administered in the West of Ireland at the time).

It seems to me that the State is adopting a similar approach in the Patrick O'Halloran case, as is being adopted in the hepatitis C case, namely that information is not forthcoming, it is refusing to advise citizens of relevant details concerning medication administered to them. The hepatitis C disaster has reinforced the view that the State is obliged, in relation to the administration of blood, to ensure that same is free from contamination; clearly, a similar obligation prevails in relation to the degree of care which must be adhered in administering three in one injections. As the State administered these injections, a very high onus would be on the State to ensure that products are not contaminated. If there is a suspicion of contamination, (which there is in Patrick O'Halloran's case and in many others), it would appear that there is an onus on the State to investigate the matter in full. Such an investigation would require, in my view, that contact be made with Wellcome Corporation in relation to the offending batch which was administered. After the Best case, it would appear that the State should have examined the extent to which the offending batch was administered with a view to tracing those who received it. No such proactive investigation has taken place.

Between 1968 and 1971, the Eastern Health Board acted as the purchasing agent for vaccine for the entire country. Lot No. 69684 was purchased and administered during that period. There were 200,000 does in that lot which contained batch No. 3741. Patrick O'Halloran received his vaccinations during that period. This cannot be proven because the State did not keep the necessary records. It is because of negligence on the part of the State, not that of Patrick's parents, that the connection cannot be proven. However, their child is proof of it.

I appeal to the Minister of State to bring this matter to the attention of the Government. I ask him to consider making an ex gratia payment to the O'Halloran family to provide for Patrick's future. His parents are elderly and they are gravely concerned about what will become of their child when they pass on.

The Expert Medical Group on Whooping Cough Vaccination was established in 1977 to examine cases of possible adverse reactions to whooping cough vaccination. In the case referred to by Deputy Molloy, the group consulted medical staff at University College Hospital, Galway and the family doctor as part of its assessment. The group also consulted other medical personnel who dealt with the case and, on the basis of all these consultations, together with an examination of the person and the medical records, came to the conclusion that his disability was not caused by whooping cough vaccination.

A full copy of the expert medical group's file on this person was sent to his mother in June 1993. The documents on this file confirm that the family doctor administered the diphtheria /pertussis/tetanus vaccine but there is no record of the person's immunisation.

In July 1993 the Department wrote to the manufacturer requesting information on batch No. 3741 — the vaccine batch which the Supreme Court held was liable for Kenneth Best's brain damage. The reply from the manufacturer indicated that the batch was produced around March 1968 but, due to the passage of time, it was not possible to establish during what subsequent period the batch was distributed to specific parts of the country. The Department also wrote to the health boards, including the Western Health Board, in July 1993 seeking information on the distribution of batch No. 3741. Again it was not possible to establish the extent of the distribution of the batch. Therefore, it will be clear that I cannot indicate that the vaccine administered to this person came from batch No. 3741.

The Department wrote to the Western Health Board again in December 1993 and in April 1995 about this case. Health board officials checked the registers in use at the time of this person's immunisation and found no entry of immunisation, which position was confirmed to the Department again last week. The health board has also confirmed that there is no record of any usage of batch No. 3741. In addition, I understand the Western Health Board facilitated the family's solicitors in examining the health board's files.

I am aware this sad case has been raised by Deputy Molloy on many occasions since 1984 but I can assure him that everything possible has been done to facilitate the family and their solicitors in establishing all the known facts. I very much regret that no further steps can be taken to establish or eliminate the linkage the Deputy implied.

Due to the negligence of the State.

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