OVER 400 cases against the Blood Transfusion Service Board involving claims of infection with the hepatitis C virus from infected blood are pending in the courts, the High Court was told yesterday.
Mr Michael Cush, counsel for a woman who claims she was infected, was seeking an early date in June for the trial of her action. He said the application was based almost exclusively on the state of the woman's health and the prognosis.
Mr Cush said her action was one of a great number of cases, which certainly ran to over 400. Of all the actions pending none was as prepared as this, he said.
Cases are being taken against the BTSB, the Minister for Health, the National Drugs Advisory Board, Ireland and the Attorney General.
Mr Cush said the infections occurred in different years, but the bulk were in 1977 when this woman was infected. Most of the actions would concern issues of liability and would be identical to the issues in this case.
The woman, named as Ms Bridgid McCole, with no address given, is suing the five defendants. She claims 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.
She alleges the exchange donor's plasma was used without her knowledge and consent for the production of Anti-D immunoglobulin and without the knowledge of her treating clinician.
Yesterday, the President of the High Court, Mr Justice Costello, fixed October 8th for the trial, which is expected to take six weeks.
Mr Cush said two medical experts had given reports on the woman's condition. The first was her own consultant gastroenterologist, who said she had an extensive range of symptoms and was undergoing numerous treatments. There was also a psychological impact on her.
The two experts broadly agreed on her state of health, but differed on the prognosis. Her consultant said the condition could develop into decompensated liver disease within months and she could need a liver transplant. She would be unlikely to be able to participate in the proceedings or give evidence. This disease could arise without warning. The other medical expert did not believe it likely within the next year or so.
The judge asked if the application for an early trial was successful would it be followed by 400 other applications for an early trial. Mr Cush replied that others taking action had minor symptoms and others had no symptoms. This case might turn out to be something of a test case.
Mr Paul Gallagher SC, for the BTSB, said there had been serious allegations and inferences they did not accept at all, particularly the staff. The work done had saved thousands of lives and was of continual importance.
He said they would not be ready to go on earlier than October. They had in excess of 25 to 39 witnesses. The case had very serious ramifications for other cases.
Mr Michael O'Donoghue, count for the State, said 400 writs had been served but only a dozen statements of claim had been served. In some cases, where the health of a person had deteriorated, they had abandoned court proceedings and gone to the compensation tribunal.
The judge said there was a difference in the medical testimony but he wanted to make it clear he regarded this case as exceptional and as taken in very special circumstances.
He considered an October trial would be appropriate. If the plaintiff's condition deteriorated, the tribunal was available to her, which was a way she could be compensated for at least part or all of her claim.