IN a complete reversal of its original position, the Blood Transfusion Service Board has admitted legal liability in all cases of hepatitis C caused by contaminated blood products.
Until now, the BTSB contested liability, only admitting it in the McCole case after the death of Mrs Brigid McCole, and in a second case due to be heard this year.
The admission of general liability has been made by the chairman of the BTSB in a letter faxed to the Minister for Health Mr Noonan, on Wednesday. Last night, BTSB chief executive Mr Liam Dunbar said the one page letter was an admission of "ordinary liability in all cases".
Mr Dunbar said a case for aggravated damages would have to be proved, but the BTSB was admitting matters of fact found by the Finlay Tribunal of Inquiry. "I'm sure it will make things much easier for people going to court."
On the issue of aggravated damages, the Government has drawn up three options which have been given to victim representative groups, including Positive Action, for their consideration.
The first option is a State funded arbitrator who would decide if the claimant was entitled to aggravated damages. The second is a reparation fund to give a percentage addition to every compensation award by the State. The third option would give a statutory tribunal powers to decide and award aggravated damages.
People who have already been compensated will be entitled to return for an aggravated award. The proposals are included in a draft Bill to make the compensation tribunal a statutory body.
A memorandum on the proposals seen by The Irish Times states the Bill would give the Government the right to appeal aggravated awards.
Earlier last night, the Opposition called on the Minister for Health, Mr Noonan, to disclose the BTSB's position on liability. The Fianna Fail spokesman on health, Mr Brian Cowen, said the Government had announced it had requested the BTSB to make known its position on liability in all outstanding cases after the findings of the Finlay Report.
Mr Cowen accused Mr Noonan of writing transfusion patients, haemophiliacs and kidney patients out of the proposed legislation. And he demanded that the Government publish the draft legislation. He said consultations to establish the existing compensation tribunal took nine months.
The Irish Haemophilia Society spokeswoman, Ms Rosemary Daly, said the group favoured the percentage option, "because it would be quick". She said the existing tribunal would be sitting for another two years to hear the cases already listed and would then be "starting from scratch" to hear cases for aggravated damages. "It'll never finish at that rate."