Group says hepatitis victims died before cases could be heard

FIVE people infected with hepatitis C who were due to have their cases heard by the Compensation Tribunal have died, according to the Irish Kidney Association,

The association is one of four groups representing people infected with hepatitis C through contaminated blood and blood products. The groups will appear in the High Court today seeking representation at the Tribunal of Inquiry.

It is believed the family of the late Mrs Brigid McColc may seek representation. Solicitors for the woman identified as the source of infected plasma in the 1970s may also seek to make a case to the inquiry, which is chaired by the former Chief Justice, Mr Justice Thomas Finlay.

Positive Action, which lobbies on behalf of women infected by the contaminated blood product anti D, will be represented today as will the Irish Haemophilia Society and Transfusion Positive a group representing those infected through transfusions.

The association's solicitor Mr Greg O'Neill, will represent up to 40 renal patients who have tested positive for hepatitis C.

The association's chief executive, Ms Patricia Doherty, hoped the compensation tribunal realised that more of the people are dying and they might be a little more sympathetic with the families".

When he announced the establishment of the inquiry last month, the Minister for Health, Mr Noonan, said a senior counsel and a solicitor would represent the public interest.

Mr Noonan said these lawyers will represent the interests of individuals.

The State, the Blood Transfusion Service Board and the National Drugs Advisory Board will have their own legal teams. One or more employees or former employees of the board may be seeking individual representation. The head of the board at the time women were infected by contaminated anti D was not interviewed by the expert group set up to examine the scandal.

A spokeswoman for the Department of Health said she had no information about when the inquiry would start.

Facilities are being prepared in a building in Adelaide Road the tribunal. Some sources believe the tribunal will sit in Dublin Castle once the Irish EU presidency concludes at the end of the year. However, legal sources say it could take until then for the legal teams to prepare cases and the Adelaide Road location may be permanent.

The Blood Transfusion Service Board has denied there is "anything new" in a report that it released a batch of anti D in the late 1970s which it had previously suspended after women receiving the product developed hepatitis, writes Maol Muire Tynan.

The Irish Medical News reported yesterday that the board held back "Batch 245" of infected anti D to which the woman known as Donor X had contributed. Plasma was taken from Donor X and used in the production of the vaccine even though she was suffering from jaundice.

However, a spokesman for the board said last night that the contents of the Medical News report were already contained in the findings of the expert group.