Dáil Éireann Debate, Tuesday - 24 July 2018
1521. Deputy John McGuinness asked the Minister for Health the supports and assistance being provided to persons suffering from unique narcolepsy disorder; his views on a no-fault compensation redress scheme for the 65 or more families now commencing legal action; if he will engage with the group, the HSE and the State Claims Agency to resolve matters outside court; and if he will make a statement on the matter. [33274/18]
Amharc ar fhreagraThe Department of Health, the Health Service Executive (HSE) and the Department of Education and Skills continue to work together to provide a wide range of services and supports for those affected. The HSE’s Advocacy Unit acts as liaison with service and support providers and other Government Departments to facilitate access to required services. It is in regular contact with individuals affected. Regional co-ordinators have been appointed to assist individuals by providing advice, information and access to local services.
The ex-gratia health supports include clinical care pathways to ensure access to diagnosis and treatment, multi-disciplinary assessments led by clinical experts, counselling services for both the individuals and their families, discretionary medical cards for those who have been diagnosed have been provided to allow unlimited access to GP care and any prescribed medication, ex-gratia reimbursement of vouched expenses incurred in the process of diagnosis and treatment, including travel expenses for attending medical appointments; physiotherapy, occupational therapy assessments, dental assessments and dietary services all on a needs basis.
The Centre of Excellence for Narcolepsy based in St James's Hospital will cater for all people diagnosed with narcolepsy, including those diagnosed with narcolepsy after receiving pandemic influenza vaccine. This service will combine a new patient referral system with access to expert consultant and advanced nursing expertise for clinical diagnosis, access to the latest neurophysiological diagnostic techniques with overnight and daytime monitoring for both in-patients and outpatients, laboratory testing, brain imaging and genetic testing. The HSE will continue to pay for access to the services, such as dietician and psychology services, that would have been provided in the Centre of Excellence from private providers to so that none of the affected individuals miss out on receiving these supports.
I cannot comment on individual cases or matters that are the subject of litigation but I can provide background information on this litigation and clarify matters that are already in the public domain.
As of 9 July 2018, legal proceedings against the Minister, the Health Services Executive and GlaxoSmithKline Biological SA have been initiated by seventy one individuals and in 61 of these cases formal legal proceedings have been issued. The plaintiffs allege personal injury in which they claim the development of narcolepsy resulted from the administration of the H1N1 pandemic vaccine. The management of these cases transferred to the State Claims Agency on 15 October 2013 when the Taoiseach signed the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013.
The Programme for a Partnership Government includes a commitment to “…put in place a scheme, on a no-fault basis, that will respond to the needs of people with disability arising from vaccination”. The policy objectives in putting in place a scheme to meet the needs of people with disability arising from vaccination are to provide fair and just compensation for those who may have been injured by a vaccine, to reduce the costs to the State by providing an alternative to litigation and to maintaining public confidence in immunisation. This matter is under consideration by my Department with a view to developing a proposal regarding a vaccine damage scheme based on evidence concerning, vaccine damage schemes, legal advices and consultation with other Government bodies.
In addition, An Expert Group chaired by the High Court Judge, Mr Justice Charles Meenan, is being established to review the law of torts and the current system for the management of clinical negligence claims.
The establishment of the Expert Group arises from another commitment made in the Programme For A Partnership Government (May 2016). This states ' We will tackle the rising cost of claims by establishing an expert group to report within 6 months on options for reforming the law of torts and the current claims process, particularly when it comes to birth injuries and catastrophic injuries, and injuries that can result from vaccination’.
The Expert Group will include consideration of whether there may be an alternative mechanism to the court process for resolving clinical negligence claims, or particular categories of claims, particularly from the perspective of the person who has made the claim. It will also examine whether an alternative dispute resolution mechanism or a no-fault system would be effective in some cases. The Expert Group will meet for the first time in early September and it will decide the scope of its work within its six month timeline.
I will also continue to engage with the Minister for Justice and the Minister for Finance on what further improvements can be made to the legal framework governing the management of product liability cases.
