asked the Minister for Health and Children the steps, if any, he will take to reinstate health care and expenses payments to a person (details supplied) who claims she was infected with hepatitis C virus in Castlebar General Hospital, County Mayo; if it is accepted that she did contract hepatitis C; the developments, if any, which have occurred since all relevant records and papers at the hospital were made available to her; and if he will make a statement on the matter. [24206/98]
Priority Questions. - Alleged Hepatitis C Infection.
As the Deputy is aware, there is a serious dispute in this case between Mrs. Fallon and the Western Health Board. The Western Health Board has stated its medical records show that anti-D was not administered to Mrs. Fallon while she was under its care in March 1993. Mrs. Fallon is of the strong view that anti-D was administered to her following the birth of her child in Castlebar Hospital. in March 1993, and has alleged that the medical record was later altered to denote that anti-D was not administered. In addition, tests carried out by the independent laboratory jointly run by the Scottish National Blood Transfusion Service and the Department of Medical Microbiology, University of Edinburgh, indicate that the source of Mrs. Fallon's hepatitis C was not the anti-D product manufactured by the Blood Transfusion Service Board. These findings are also disputed by Mrs. Fallon.
At my request, the Western Health Board arranged for the solicitors acting for Mrs. Fallon to gain access to all the hospital's records relating to the case, including medical, nursing and laboratory records, in their original format. I understand that the solicitors in question viewed those records at Castlebar Hospital on Tuesday, 27 October. The solicitors also met members of the hospital staff, including medical, nursing and laboratory staff and management, who explained the practices, procedures and record-keeping arrangements in relation to the administration of anti-D. The hospital subsequently forwarded copies of any documentation requested by the solicitors. Further material requested by the solicitors was forwarded within the last week.
The Fallons requested the Garda to investigate whether anti-D had been administered to Mrs. Fallon in Castlebar Hospital, and to investigate whether her hospital records had been materially altered. I understand the Garda visited the hospital on 28 October and 16 November in relation to these investigations. I further understand that the hospital requested the Garda to carry out a forensic examination of the relevant records, and this is currently being done as part of the ongoing investigation.
I have made it known on several occasions that I consider the compensation tribunal the proper forum in which to have this matter resolved. The tribunal was established by the Oireachtas and has a statutory remit to determine causation on the balance of probabilities.
Will the Minister acknowledge that ex gratia payments were made to Mrs. Fallon to facilitate her to obtain initial medical assistance and care arising from contracting hepatitis C? Does he agree, in the context of this being a contentious and difficult matter and there being a dispute about the medical records, that it would be a correct response that those payments should continue to be made available to her while these issues are being dealt with and addressed? I suggest the Minister take steps to ensure this is the case and not to deprive her of these payments in the context of the medical treatment she apparently received in Castlebar. On the form the word “anti-D” is ticked as if she did receive it, but the word “not” has been put before it in writing. I urge the Minister to restore the payments to allow her to receive additional medical care for the condition she has contracted.
The compensation tribunal is the best forum in which to resolve this matter, and I am anxious to have it resolved one way or the other. The tribunal was established by the Oireachtas, has the confidence of all four of the support groups representing persons with hepatitis C, and approximately 1,000 claimants have availed of it to date. I reiterate my offer of an early hearing of Mrs. Fallon's case before the tribunal on the causation issue, independent of considerations of compensation. Such a hearing could be arranged within three or four weeks. Alternatively, if Mrs. Fallon's solicitors have any new information which affects the case, I ask that they submit it immediately to the BTSB for consideration in the context of the ex gratia scheme.
I again express my sympathy for Mrs. Fallon who has, whatever the cause, contracted hepatitis C. Since I first became involved in this case, my whole strategy has been to achieve a resolution in the interests of all parties, not to take sides on the issue. I consider that the options I have outlined would, if adopted by the Fallons, ensure that the matter is resolved as quickly as possible.
I ask the solicitors to contact the BTSB about any information they regard as relevant obtained from their detailed examination in the hospital. We need evidence of some description, because a scientific test has suggested that the source of the infection was not the anti-D. The Deputy is correct that the person who would avail of the ex gratia scheme and claim to have hepatitis C, which this unfortunate lady has, would get their payments. The dilemma has arisen because it subsequently emerged that perhaps the source of the contamination was not as she understood it to be. One can see the situation from both sides.
I would like to see this issue resolved. Unfortunately, there is a reluctance to go to the tribunal where there is an informal atmosphere and where people are dealing with these issues on a day to day basis. There has been little or no complaint about these proceedings of which I am aware from any of the support groups. I encourage this family to use the tribunal to deal with this issue alone and, if they wish and the causation issue is, on the balance of probabilities, dealt with in their favour, they could proceed to take High Court action or to look for compensation through the tribunal. That is a matter for the family and I will respect whichever route they wish to take. If an undertaking is given that this matter will be brought to finality, I will try to resolve it as amicably as possible.
I want to ask a brief question.
I am sorry Deputy but we have gone a minute over time for Priority Questions. I now call Question No. 24 in the name of Deputy Barrett.
This is a serious matter.
I am sure it is a serious matter.
It is as serious as the cases of Mrs. Brigid McCole and Mrs. Quinlan.
The Chair is not responsible for the manner in which Priority Questions are disposed of.
You are responsible when the Minister deliberately speaks for four minutes.
We are moving on to Question No. 24.
The Minister should restore this woman's ex gratia payments.
I ask the Deputy to resume his seat.
It is outrageous.
I ask the Deputy to have some respect for the Chair and the House.
The Deputy is aware of the issues, so he should be a little more responsible.