THE family of Mrs Brigid Ellen McCole, who died from the hepatitis C virus, received an apology in the High Court yesterday on behalf of the Blood Transfusion Service Board for the illness and distress she suffered "through its fault".
The BTSB was one of a number of defendants sued by the Co Donegal woman who died last week.
Shortly after her death, it was announced that the case had been settled for £175,000.
Mrs McCole also sued the Minister for Health, the National Drugs Advisory Board, and Ireland and the Attorney General but Mr Justice Johnson was told that those proceedings could be struck out and that costs would be paid by the BTSB.
Several members of Mrs McCole's family were in court for yesterday's brief hearing.
The full action was to have started yesterday and could have lasted for up to 10 weeks, but following Ms McCole's death and the settlement announcement it aid not go ahead.
Mrs McCole claimed she was infected with the hepatitis C virus and that the BTSB used plasma in 1976 and 1977 from a female plasma exchange patient who, to its knowledge, had been clinically diagnosed as suffering from infective hepatitis and had become jaundiced.
Yesterday, Mr John Rogers SC for Mrs McCole, said that regrettably, the action for trial yesterday had been preceded by her death. He asked that the proceedings be reconstituted.
In an affidavit, it was stated that Mrs McCole had made a will and that she had appointed her brother, Mr Charles Sharkey, and her daughter, Ms Brid McCole, as her executors.
Those persons should be named in the title of the proceeding. The plaintiff would become the estate of Mrs Brigid Ellen McCole.
Mr Justice Johnson said he would make such an order.
Mr Rogers said that last week there had been certain discussions and the matter had been settled. He would ask that there should be a payment out of the lodgement made in court to the plaintiff's solicitors in satisfaction of her claim.
The proceedings could be struck out against the BTSB and against the other defendants. It had been agreed between the BTSB and the plaintiff that the BTSB would discharge the costs of the other defendants.
Mr Paul Gallagher SC, for the BTSB, said the order for taxation of costs was against his client only and the proceedings against the other defendants would be struck out with no further order.
This was a very sad occasion. He would like, on behalf of the BTSB and its staff, both past and present, to take the opportunity to repeat the very profound regret and apology expressed by the BTSB in its solicitors' letter of September 20th last for the illness, suffering and distress which the late Mrs McCole suffered "through its fault".
Mr Gallagher said the BTSB would like to reiterate its expression of great sadness of Mrs McCole's death and express very sincere sympathy to her husband and family.
Mr Garrett Cooney SC, for the National Drugs Advisory Board, at on behalf of its members, he wished to express sincere sympathy to Mrs McCole's husband and children.