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Legal Proceedings

Dáil Éireann Debate, Tuesday - 15 May 2018

Tuesday, 15 May 2018

Questions (431)

Gino Kenny

Question:

431. Deputy Gino Kenny asked the Minister for Health the steps he will take to include persons who have been diagnosed with narcolepsy disorder as a result of the swine flu vaccine in the cases that the State Claims Agency will shortly present to Dáil Éireann; and if he will make a statement on the matter. [21339/18]

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Written answers

As of 9 May 2018, legal proceedings against the Minister, the Health Services Executive and GlaxoSmithKline Biological SA have been initiated by seventy individuals. The plaintiffs allege personal injury in which they claim the development of narcolepsy resulted from the administration of the H1N1 pandemic vaccine. The management of the cases transferred to the State Claims Agency (SCA) on 15 October 2013 when the Taoiseach signed the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013.

I have been informed by the Agency that the cases are before the courts in relation to the management of discovery in the lead case. It would not be appropriate for a Minister to interfere in the courts case management of these claims which are delegated to the SCA for management.

With regard to the broader issue, I am continuing to engage with the Minister for Justice and the Minister for Finance on what further improvements can be made to the legal framework governing the management of medical negligence cases.

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