Vol. 480 No. 2
195 Mr. Noonan asked the Minister for Health his views on whether the Blood Transfusion Service Board acted properly in refusing to admit liability for punitive, exemplary or aggravated damages in a case (details supplied) which was settled on 1 July 1997; and if he will make a statement on the matter. [13969/97]
196 Mr. Noonan asked the Minister for Health the grounds on which he formed the view that the State should not admit liability in a case (details supplied) which was settled on 1 July 1997. [13970/97]
197 Mr. Noonan asked the Minister for Health if he, on behalf of all the defendants, organised and co-ordinated the legal strategy which led to the settlement of a case (details supplied); if not, the person who took the decision to settle the case on behalf of each individual defendant; his policy, if any, in dealing with cases of a similar nature in future, particularly in respect of the admission of liability by the State; and if he will make a statement on the matter. [13971/97]
I propose to take Question Nos. 195, 196 and 197 together.
The decision of the State not to admit liability in this case was based on legal advice.
I understand the decision of the BTSB not to admit liability for punitive, exemplary or aggravated damages in this case was also based on legal advice.
As to the settlement of the case, I understand lawyers for the plaintiff first made an approach to the BTSB on 11 June 1997 seeking to settle the case before the court hearing which was due to commence on 1 July 1997.
I understand that settlement talks continued between the legal team for the plaintiff and the legal team for the BTSB. After assuming office as Minister for Health, I was informed on 27 June 1997 that settlement talks were still ongoing. I did not organise or co-ordinate the legal strategy on behalf of the different defendants in this case.
On Monday 30 June 1997, I authorised State Counsel to settle the case in so far as the State was concerned. As part of the settlement, I authorised that State Counsel should express regret to the plaintiff in court on behalf of the State. I understand that a request by the plaintiff for such an expression of regret was not acceded to by my predecessor as Minister for Health.
As to the other two defendants in the case, I understand that Mr. Liam Dunbar, chief executive officer of the BTSB, authorised the terms of the settlement on behalf of the BTSB. As regards the Irish Medicines Board, I understand that the plaintiff withdrew her claim against the Irish Medicines Board and the case was dismissed.
