Dáil Éireann Debate, Tuesday - 31 January 2012
607 Deputy Sandra McLellan asked the Minister for Health if he will support the request for a medical assessment in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [5079/12]
View answerAs this is a service matter the question has been referred to the HSE for direct reply.
608 Deputy Gerry Adams asked the Minister for Health the reasons that persons who contracted hepatitis from contaminated products after 2007 do not qualify for the supports made available, despite the fact that they continue to suffer with ongoing illness while many other persons tested negative yet are also excluded form the scheme; and if he will make a statement on the matter. [5091/12]
View answerI presume that the Deputy's question relates to the women who received Anti-D in the periods 1977-1979 and also 1991-1994, when some batches of these blood products were contaminated, but who have tested negative for the Hepatitis C virus.
Under the Health Amendment Act (No. 15 of 1996) the Health Amendment Act (HAA) Card is given to men, women and children who contracted Hepatitis C from the administration within the State of blood or blood products. The HAA Card gives entitlements to additional health and social services, on more flexible terms and conditions than the medical card. The HAA Card and the entitlements under it are for the lifetime of the cardholder.
The entitlement of an individual to a Health Amendment (HAA) Card and services under the Health (Amendment) Act, l996 rests with the Chief Executive Officer of the Health Service Executive. The Chief Executive Officer is bound by the definition of eligibility in the Hepatitis C Compensation Tribunal (Amendment) Act 2006, which requires a positive diagnostic test for applications received by the Tribunal after the specified date of 20 June, 2006.
In respect of persons who made an application before that date, the Chief Executive Officer is still obliged to be satisfied that the applicant was infected with Hepatitis C. In that regard, the Chief Executive also takes account of any relevant decision of the Hepatitis C and HIV Compensation Tribunal, on the basis that the Tribunal arrives at its decisions after careful consideration of available evidence and expert testimony.
A great deal of consideration has been given to the issue of women who have neither tested positive for Hepatitis C, nor had a positive Tribunal decision in their favour. While a number of these women who have tested negative for Hepatitis C have had, and may continue to have, a variety of symptoms, there is no scientific proof that the symptoms are specific evidence of Hepatitis C infection. Some symptoms of Hepatitis C, such as fatigue, fibromyalgia and depression, are common conditions that occur in the general population. It is estimated that up to 16,000 women were exposed to potentially infectious batches of Anti-D and approximately 1,000 of these women were infected with Hepatitis C.
Taking account of international practice and the rationale which led to the clarification of the Hepatitis C Compensation Tribunal eligibility requirements in 2006, while I am sympathetic to the women in question, I am satisfied that the present arrangements are fair and reasonable.
