Dáil Éireann Debate, Wednesday - 24 March 2021
1698. Deputy David Cullinane asked the Minister for Health the legal costs incurred to date in the defence of medical negligence claims relating to mesh implants in circumstances in which the case has been settled and remains open, respectively; and if he will make a statement on the matter. [15169/21]
View answer1699. Deputy David Cullinane asked the Minister for Health the number of medical negligence claims relating to the implantation of mesh implants in circumstances in which the HSE and-or its employees are named as defendants that have been received; the number of these claims that were settled; the settlement amounts; and if he will make a statement on the matter. [15170/21]
View answer1700. Deputy David Cullinane asked the Minister for Health if he has investigated whether the use of mesh implants in the healthcare system is underpinned by a form of indemnity insurance provided by the Government to the manufacturer or provided by the manufacturer to the Government; and if he will make a statement on the matter. [15171/21]
View answerI propose to take Questions Nos. 1698 to 1700, inclusive, together.
The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. The State Claims Agency has provided me with the following information, in respect of the Deputy's questions.
The below information has been extracted from the National Incident Management System (NIMS).
Criteria Used
- This response shows the number of claims received by the State Claims Agency in relation to Transvaginal Implants as recorded on NIMS.
- Transvaginal Implants claims are classified as Type of Mass Injury equal to ‘Transvaginal Implants’.
- This information is correct as of 16/03/2021.
The State Claims Agency is on notice of 56 active claims in relation to transvaginal implants. These claims involve a number of defendants including HSE hospitals, voluntary hospitals, private hospitals, individual clinicians, manufacturers and suppliers of the product in question.
The litigation concerning these cases is on-going and, as a result, the State Claims Agency regrets that it is not in a position to release to the Deputy further details regarding these claims due to the commercial sensitivity of this information.
Regarding the Deputy’s question on the use of mesh implants and the indemnity arrangements in place, the SCA has informed me that typically, a product manufacturer will purchase product liability insurance to cover its product liability exposures. There are a number of product manufacturers involved in the mesh implant cases and, consequently, a number of product liability insurers. The issues of indemnity between parties will be a matter for discussion between the parties as part of each party’s preparation of its defence in the individual cases or an issue ultimately decided by the courts hearing individual cases.
