Twenty seven people in the Munster region diagnosed as having contracted Hepatitis C in the early 1990s, but not immediately informed by the Blood Transfusion Service Board, could now seek compensation after the Irish Blood Transfusion Service began sending out letters confirming the delay.
A spokesman for the IBTS said 28 people should have received letters over the coming week or so. He told ireland.comthe donors knew of their Hepatitis C status, but not all of them were aware that notification had been delayed.
The situation came to light during the 1997 Finlay Tribunal, when the IBTS's regional director in Cork, Dr Joan Power confirmed that one donor, known as Donor L, had tested positive for hepatitis C on several occasions before being informed of his test results.
She said uncertainty at the time over the accuracy of the tests, and a fear of causing unnecessary alarm, warranted deferring the disclosure of results. Screening for hepatitis C anti-bodies was introduced by the BTSB in 1991 but it was not until November 1993 that Donor L was informed of his positive status.
Donor L has begun proceedings against the BTSB and the State for damages. If his case is successful, the 27 other donors in the same situation, could likewise be able to sue.
A dispute over the files on the 28 donors led to the suspension in June of Dr Joan Power, who directs IBTS services in the region, by chief executive Mr Martin Hynes.
That suspension was quickly overturned and the IBTS board moved to suspend Mr Hynes, which caused him to bring the IBTS to the High Court. A settlement was reached early last month and Mr Hynes will resign on October 31 having completed a period of paid annual leave.
In June the Minister for Health confirmed two groups representing people infected with Hepatitis C had requested an investigation.
The following month the IBTS itself called for the establishment of a full judicial inquiry into the circumstances surrounding the timing of the disclosure of test results to the 28 donors in Munster who tested hepatitis C positive between 1991 and 1993.
The IBTS said the investigation should also examine the timing of the notification of hepatitis C test results to blood donors between 1991 and 2002.
Mr Martin still has to decide on what type of inquiry will examine the issue.