Dáil Éireann debate -
Thursday, 9 Nov 2000

Vol. 525 No. 4

Written Answers. - Hepatitis C Compensation Tribunal.

Enda Kenny

Question:

104 Mr. Kenny asked the Minister for Health and Children his views with regard to a case concerning a person (details supplied) in County Mayo but now domiciled in the USA; if his Department has reached a final conclusion on the claims made; the reason treatment was stopped; if his Department has issued any recommendations to the person involved; and if he will make a statement on the matter. [25351/00]

Minister for Health and Children (Mr. Martin):

The background to the case is as follows. The woman concerned tested positive for hepatitis C in October 1997, while she and her family were resident in the State. Subsequently, she attended the liver unit at St James's Hospital in Dublin, and claimed travelling and subsistence expenses from the ex-gratia scheme operated by the Blood Transfusion Service Board, now the Irish Blood Transfusion Service. The ex-gratia scheme was introduced in 1994 to ensure that persons who had contracted hepatitis C through the administration within the State of blood and blood products made available by the BTSB did not undergo any undue hardship in availing of medical treatment for their condition. The ex-gratia payments are made on an interim basis, pending the award of compensation by the Hepatitis C Compensation Tribunal or by the courts.

The BTSB made ex-gratia payments totalling £2,061 to the woman concerned, between November 1997 and April 1998. Ex-gratia payments are usually made on production of receipts. However, following representations from the support group Positive Action to the Department in December 1997, arrangements were made to pay the woman in advance. The BTSB ceased making ex-gratia payments to the woman in April 1998. In order to continue making payments the board required medical evidence that anti-D had in fact been administered to her. It wrote to the woman on 5 June, 15 June and 7 July 1998 requesting this confirmation. No such confirmation has been provided to the BTSB to date.

A serious dispute has 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 its medical records show that anti-D was not administered to the woman while she was under its care in March 1993.

The BTSB has had a sequencing test carried out on a blood sample from the woman concerned. 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 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 the 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 them in relation to this matter.

With regard to the woman's medical treatment, I have been informed that she attended the liver unit at St James's Hospital for medical treatment upon first being diagnosed with hepatitis C. In June 1998, her husband wrote to my Department stating that his wife had returned to the United States, and was seeking recoupment of the costs of her medical treatment there. Her medical treatment was not stopped while she was resident in the State, as suggested by the Deputy.

My predecessor, the Minister for Health and Children, Deputy Cowen indicated on numerous occasions to the woman concerned and her family, 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. It was also explained to the woman that while the tribunal does not normally compensate persons in respect of health care requirements, claimants to the tribunal who were ordinarily resident outside the State may apply to the tribunal for health care costs.

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. 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.