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Dáil Éireann debate -
Tuesday, 7 Nov 2000

Vol. 525 No. 2

Written Answers. - Hospital Inquiry.

Monica Barnes

Question:

124 Mrs. Barnes asked the Minister for Health and Children if his attention has been drawn to reports that a Garda inquiry found that the medical notes of a patient infected with hepatitis C were altered at a hospital (details supplied) in County Mayo; and if he will make a statement on the matter. [24490/00]

Proinsias De Rossa

Question:

145 Proinsias De Rossa asked the Minister for Health and Children the investigations held into claims that the medical notes of a person (details supplied) infected with hepatitis C were altered to suggest that she had not been treated with a contaminated product while a patient at Castlebar General Hospital in May 1993; the outcome of any investigation; and if he will make a statement on the matter. [24555/00]

I propose to take Questions Nos. 124 and 145 together.

The background to the case is as follows. The woman concerned tested positive for hepatitis C in October 1997. However, a serious dispute emerged in this case between the woman and the Western Health Board regarding the source of her hepatitis C infection. The woman herself believes that the source was infected anti-D and is of the strong view that anti-D was administered to her following the birth of her child in Castlebar Hospital in March 1993. She alleges that a medical record was later altered to denote that anti-D was not administered. The board stated that their medical records show that anti-D was not administered to the woman while she was under their care in March 1993.

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, indicated that the source of the woman's hepatitis C infection was not the anti-D product manufactured by the BTSB. The laboratory's findings are disputed by the woman.

The board arranged for the woman's solicitors to gain access to all the hospital records relating to the case, including medical, nursing and laboratory records in their original format. I understand that the solicitors also met members of the hospital staff, including medical, nursing, laboratory staff and management, who explained the hospital's 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.

The woman's family requested the Garda to investigate whether anti-D was administered to the woman in Castlebar Hospital and whether her hospital records had been materially altered. The Garda visited the hospital on 28 October and 16 November 1998 in relation to this investigation and, at the request of the hospital, took a number of records away for forensic examination. I have been informed by the Western Health Board that the Garda authorities have had no further contact with it in relation to this matter.
With regard to the woman's desire for a decision on the causation of her hepatitis C, my predecessor, Deputy Cowen, indicated on numerous occasions that he considered that the hepatitis C compensation tribunal was the most appropriate 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. In addition, the tribunal has the confidence of all four of the support groups representing persons infected with hepatitis C through the administration within the State of infected blood and blood products. Indeed, approximately 1,400 individuals have had their claims determined by the tribunal to date. On 30 June 1998, an offer was made to the woman concerned to arrange an early hearing on the causation issue alone, independent of considerations of compensation. In addition, as the woman is now living abroad, my Department offered as an exceptional measure to arrange financial assistance for herself and her family to facilitate their attendance at the compensation tribunal.
Earlier this year the woman's legal representatives informed my Department that their client would be attending the hepatitis C compensation tribunal and the necessary arrangements were made by my Department to cover the expenses which she would incur in attending the tribunal. As the hepatitis C compensation tribunal is independent in its operation of both myself and my Department, I am not in a position to confirm the outcome of the hearing. I understand from media reports, however, that the woman's case was withdrawn from the compensation tribunal before any determination had been made. If this is the case, I urge her to return to the tribunal so that a resolution of this matter can be achieved as quickly as possible. I should point out that a decision of the hepatitis C compensation tribunal in relation to causation would in no way debar the woman from proceeding to the High Court at a later stage if she should choose to do so. Claimants are only required to discontinue legal proceedings if they choose to accept the compensation tribunal's award.
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