Tuesday, 2 July 2019

Questions (480)

Willie O'Dea

Question:

480. Deputy Willie O'Dea asked the Minister for Health if a person (details supplied) will be entitled to their full award of damages regardless of the outcome of an appeal in view of the appeal by the State Claims Agency against the judgment; and if he will make a statement on the matter. [28134/19]

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Written answers (Question to Health)

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSA’s) including the Health Service Executive.

In June 2019, Government gave approval that the Chief State Solicitor to issue, on behalf of the Minister for Health, a letter giving an undertaking to the plaintiffs to make any balancing payment that might arise as a consequence of the outcome of the Supreme Court appeal, in order to ensure that their award is maintained at the level determined by the High Court plus any legal fees incurred in the appeal. Of course, the commitment to pay is contingent on the outcome of the appeal.