I propose to take Questions Nos. 33 and 256 together.
I wish to take this opportunity to express my sympathy and concern for the children and adults diagnosed with narcolepsy following pandemic vaccination and indeed their families who are also affected by this. My priority has always been that my Department, the HSE and other Government Departments work together to provide appropriate supports tailored to the specific needs of each individual.
As the Deputy is aware, legal action has recently been initiated by six families alleging personal injury in which they claim the development of narcolepsy resulted from the administration of the H1N1 pandemic vaccine. It would be inappropriate for me to comment further on individual cases.
Following the receipt of letters from solicitors representing the six individuals who have indicated their intention to initiate legal proceedings, legal advices were obtained by my Department recommending delegation of the management of these cases and, any subsequent similar cases to the State Claims Agency.
A Government Decision to give effect to this approach was obtained in October and allowed the Taoiseach to sign the National Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013 on 15 October. The management of the cases then transferred to the State Claims Agency.
The State Claims Agency informed the HSE that it should cease making ongoing out of pocket payments to individuals who have initiated legal action and that these individuals should, as happens in every comparable litigated case, include these expenses as party of any special damages claim. The expenses claimed included cost of accommodation, travel and other out of pocket expenses.
Ongoing or future out of pocket expenses of litigants, arising from the action on which the litigation is based, forms part of the broader assessment of damages at the conclusion of the action whether at trial or where a settlement has been agreed. This is the normal practice in legal proceedings.
I became aware of the withdrawal of the letter by the HSE on the day it occurred. The HSE's own communications states that it was never the intention to withdraw discretionary medical cards or the provision of other health benefits and supports. The HSE has apologised for any distress or upset caused and is clarifying the situation with the families involved.
In relation to the number of identified cases, the Irish Medicines Board has received 50 reports to date which confirm a diagnosis of narcolepsy with symptom onset following pandemic vaccination.