I assume the Deputy is referring to the hepatitis C compensation tribunal which was established on a statutory basis under the Hepatitis C Compensation Tribunal Act, 1997. This Act provides that the following persons may claim compensation: a person who has been diagnosed positive for hepatitis C arising from the use of human immunoglobulin anti-D; a person who has been diagnosed positive for hepatitis C as a result of receiving a blood transfusion or a blood product within the State, a person in certain circumstances who is responsible for the care of a person in the above categories; and any dependant of a person who has died as a result of having contracted hepatitis C or where hepatitis C was a significant contributory factor to the cause of death.
As regards the level of compensation awarded by the compensation tribunal, section 5 (1) of the 1997 Act provides that an award of the tribunal to a claimant is to be made on the same basis as an award of the high court calculated by reference to the principles which govern the measure of damages in the law of tort and any relevant statutory provisions. Section 11 provides for the payment of an additional 20% in lieu of the tribunal assessing and awarding aggravated or exemplary damages. The Act also provides for an appeal by the claimant to the high court against the award of the compensation tribunal. Section 5 (5) of the Act provides for the award of reasonable costs and expenses incurred by the claimant in taking her/his claim to the tribunal and may include legal, medical and other professional costs and expenses. Costs are also awarded in high court appeals.
