THE HIGH Court has dismissed a man’s action for damages against the State over alleged failure to inform him he had tested positive for hepatitis C in the early 1990s.
Mr Justice Seán Ryan dismissed the claim on grounds including a six-year delay in advancing the man’s case meant a substantial risk of an unfair trial.
It was unacceptable such an “extreme and continuing delay should be tolerated”, the judge said. The man, who cannot be identified, sued the Minister for Health, the Irish Blood Transfusion Service (IBTS), Ireland and the Attorney General.
His claim arose from blood donations provided by him to the predecessor of the IBTS, the Blood Transfusion Service Board (BTSB), in 1992 and 1993. He claimed his blood tested positive for hepatitis C on each occasion but he was not informed of the positive test until October 1993.
He claimed the failure represented a variety of legal wrongs and sought damages for personal loss. He received an apology from IBTS in August 2005 following publication of an expert report procured by the BTSB.
Shortly afterwards, he initiated proceedings against the defendants seeking damages for negligence, breach of duty, trespass and breach of his constitutional rights.
The State defendants, supported by the IBTS, argued nothing was done from then until a notice of intention to proceed was served last year and they applied for an order dismissing the case for want of prosecution. The man opposed the application and sought an extension of time to serve his statement of claim.
The man argued that between 2005 and 2011 he had suffered physical and mental health problems and had undergone a liver transplant.
In his judgment yesterday. Mr Justice Ryan made an order in favour of the defendants, striking out the claim. The delay and consequential prejudice made it unfair on the defendants to go ahead with the case. It was just to strike it out, the judge said.
The man had failed to explain why his lawyers were inactive over the 2005-2011 period, the judge added. The claim was “speculative”, and the man’s statement of claim lacked details of the personal injuries allegedly suffered.