400 apply to hepatitis C tribunal as deadline nears

MORE than 400 people applied this week to the Government compensation tribunal for those infected with hepatitis C by contaminated blood and blood products.

More women are expected to apply over the weekend, after Positive Action, a representative group decided yesterday to go to the tribunal. The group said its members would reserve the right to take private legal action.

The closing date for applications to the tribunal is Monday, and while advertisements stipulate that an application form must be filled in, the tribunal will accept letters of intent.

The head of Positive Action, Ms Jane O'Brien, said the group had decided to apply despite the refusal of the Minister for Health, Mr Noonan, to extend the closing date. She said it was a decision "under protest" as they were opposed to aspects of the procedure:

"This is simply people applying to the tribunal to keep their options open. This will be a twin track approach and people can reject tribunal offers." Ms O'Brien said more than 500 writs had been filed to the High Court and two cases were active.

The Minister of State for Health, Mr Brian O'Shea, told the Seanad on Thursday that 817 applications had been received.

Yesterday the Department of Health said this figure was now 1,250. According to Mr Noonan, a total of 1,356 hepatitis C cases caused by receiving blood transfusions or products has been identified.

The tribunal has heard 72 cases and awarded a total of £7.5 million, ranging from £15,500 to around £324,000. It will sit until August, when it will rise for a month. Mr Noonan told the Dail last week the tribunal is expected to operate until at least the end of next year.

Ms O'Brien said the Government had shown "absolute rigidity" in its approach to the tribunal. "Our acceptance of the tribunal should not be read as a vote of confidence in it. It holds no guarantees, no rights and no dignity."

Positive Action had demanded that the tribunal should hear individuals and allow for oral medical evidence. It also wanted witnesses to be compelled to attend and wanted provisional awards included and a contract to be drawn up between the individual and the State where a provisional award was accepted.