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Hepatitis C Incidence.

Dáil Éireann Debate, Tuesday - 30 March 2004

Tuesday, 30 March 2004

Questions (290)

Olivia Mitchell

Question:

404 Ms O. Mitchell asked the Minister for Health and Children the progress which has been made in identifying and contacting late informants in respect of donors or others contaminated with hepatitis C; if there are outstanding cases as yet not notified; the action which has been taken in terms of counselling and compensation; if a further public enquiry is envisaged; and if further civil cases are anticipated. [9943/04]

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Written answers

In the course of an article in The Irish Times on 10 February last, it was claimed that neither my Department nor the Irish Blood Transfusion Service (IBTS), formerly the Blood Transfusion Service Board (BTSB), had done anything to make sure that certain blood donors who had tested positive for hepatitis C were informed of the fact. This is incorrect and I wish to refute it in the strongest possible terms.

The Finlay tribunal of inquiry, which reported in 1997, noted that between November 1991 and December 1993, donors in the Munster region who had tested positive for hepatitis C were not immediately notified of their test results. The tribunal acknowledged that these donors were eventually informed by the BTSB of their diagnosis between late 1993 and February 1994 and offered appropriate counselling and support at that time. There has never been any suggestion that individuals were not notified of their diagnosis by February 1994.

High Court proceedings have been initiated by one of these donors about the delay in notification to him of his hepatitis C infection. Inquiries undertaken by the Office of the Chief State Solicitor confirmed that there were another 27 Munster donors who were in a similar position to this person. I do not know at this stage whether further civil cases will be taken.

Following discussions between Department officials and the support groups, Transfusion Positive and Positive Action, it was agreed to establish an independent investigation of donor notification procedures and other residual donor issues. The main points at issue are the delay in notification, the donors' understanding of the position in this regard, and the policies and procedures which led to the delay.

I believe that the Commissions of Investigation Bill 2004, when enacted in the coming months, will provide an appropriate mechanism for this investigation. It is envisaged that the legislation will provide for compellability of witnesses and hearings in public, if necessary. Anyone who tests positive for hepatitis C as a result of the administration within the State of contaminated blood or blood products is entitled to have his or her claim for damages heard by the Hepatitis C Compensation Tribunal, in accordance with the Hepatitis C Compensation Tribunal Act 1997. In addition, following the enactment of the Hepatitis C Compensation Tribunal (Amendment) Act 2002, relatives and next of kin of persons with hepatitis C can also claim under a range of headings for loss and damage.

In accordance with the Health (Amendment) Act 1996, persons infected are entitled to a wide range of health services, including GP services, all prescribed drugs, medicines and appliances, dental and ophthalmic services, home support, home nursing, counselling and other services, without charge.

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