In November 1977 the then Minister for Health established the expert medical group on whooping cough vaccination to examine persons who, it was claimed, had been permanently damaged by whooping cough vaccination, to review the medical information available in relation to it and to indicate whether, in its opinion, the damage was attributable to the vaccination.
The expert group was independent in its operations and in the conclusions which it reached. In general, the procedure adopted included an interview with parents to obtain a detailed history from them and an examination of the person in respect of whom the application had been made. In addition to having a clinical examination, each person had relevant X-rays and tests. Where indicated, inquiries were made of family doctors, paediatricians and others who had a knowledge of the case.
In addition to the difficulties posed by the retrospective nature of the group's work, the group indicated that it considered it impossible to prove absolutely a cause-and-effect relationship between the vaccination and the person's disability. This finding is consistent with later international research on this issue. Consequently, the group came to its conclusions on the balance of probability in individual cases and, where a doubt existed, the benefit was given to that person.
There were 93 cases presented to the expert group, which found that there was a reasonable probability that the vaccine was responsible for damage in 16 of these. Where there was a reasonable doubt in any case, the group gave the benefit of that doubt to that person. The person to whom the Deputy refers is one of these 16 cases.
An offer of an ex gratia payment of £10,000 was made in each of the cases where the expert group had found in favour of the children, on condition that no claim would be made on the child's behalf in respect of their whooping cough vaccination. There was no acceptance of liability on the part of the State or any public authority. Such an offer was made in the case referred to by the Deputy and the offer was accepted in 1987.
