An apology from the Minister for Health for the suffering and pain caused to the family of a man who contracted hepatitis C through his mother at birth, after she received contaminated blood products, was read out in the High Court yesterday.
A settlement of the man's action for damages was reached, with the financial figure believed to be in the region of €2 million. It is understood the confidential agreement also involves an undertaking by the authorities to pay the cost of a liver transplant if this becomes necessary.
The case was in its seventh day yesterday when, after about three hours of negotiations outside the courtroom, Mr John Rogers SC, for the man, told Mr Justice Herbert the parties had settled and the terms were confidential.
The action was taken against the Blood Transfusion Service and the Minister for Health. Mr Denis McDonald SC, for the Minister, told the judge he had an apology to make on Ms Harney's behalf.
He said she very much regretted the pain and suffering caused to the man and to his family as a consequence of the manner in which he contracted hepatitis C at his birth in 1980. She fully acknowledged that the pain and suffering of the family were extensive.
Mr McDonald said Ms Harney also accepted that what had happened to the family was a major tragedy and she wished to express how deeply sorry she was that failures in the health services should have caused so much suffering.
The Minister and her Department were fully committed to ensuring that this family and others who had contracted hepatitis C from infected blood and blood products would continue to receive an extensive range of health and support services.
Lawyers for the man had told the hearing it was probable he would be obliged over the coming years to watch his mother deteriorate and possibly die as a result of the disease and know he faces a similar fate.
The court was told that anti-D was administered to his mother following the birth of her third child in November 1977. The batch tested positive for hepatitis C.
From his birth in 1980 he was infected with the virus. The claimant was 13 when it was discovered he had the disease following a national screening programme.
He told the court he was very angry at those who had caused him to contract the disease and found it upsetting and depressing. "At the moment I don't consider myself to have a very pleasant future, and if the medicine doesn't work, it will be another setback," he said.
A medical expert on hepatitis said that the man would get cirrhosis of the liver between the age of 30 and 60. The probability was that he would watch his mother die within 10 to 15 years.
He could receive his first transplant between 45 and 50, which would fail between the age of 50 and 60 and he would die in his 60s, it was claimed.
Mr Rogers had told the court that the Minister for Health contributed to the contamination of the anti-D blood product with hepatitis C through the failure to provide resources to the National Drugs Advisory Board. This led to inadequate inspection of the Blood Transfusion Service Board.
The Blood Transfusion Board admitted the man was injured by its negligence and that it was obliged to pay him such compensation for personal injuries, loss, damages and expenses as may be determined.
It had denied the personal injuries alleged were caused by a breach of duty and had rejected the claim that, in not withholding or destroying the blood product from the batch concerned, it was motivated by loss of profits.