The Blood Transfusion Service Board has confirmed it is to sue a former employee for costs incurred as a result of the hepatitis C contamination.
A spokeswoman said yesterday a claim had been lodged, but would make no other comment. According to a report in yesterday's Sunday Tribune, the action is being taken against Dr Terry Walsh, former chief medical consultant. As a result of the anti-D infection, the BTSB incurred substantial legal fees, as well as having to employ additional staff.
Dr Walsh was found in Mr Justice Finlay's report of the hepatitis C tribunal to be in neglect of his duty after he failed to recommend against using the plasma of a woman, known as patient X, as soon as he learned of her jaundice and hepatitis.
The BTSB's annual report will contain details of the High Court legal proceedings. It is believed that Dr Walsh, when employed by the board, had insurance coverage from the Medical Defence Union, a UK-based firm which also covers Irish doctors. As an employee of a semi-State company the vast majority of Dr Walsh's premium would have been paid by the State. The legal stance to be taken by Dr Walsh is not yet known.
Legal sources speculated yesterday that the BTSB's insurers may have requested that the board take the action. Dr Walsh represented the BTSB at the tribunal but did not have a separate legal team. However, sources pointed out that evidence given at a tribunal by an individual may not be used in subsequent legal action. It is not known at this point whether this case would be affected by the statute of limitations.
At the time of the anti-D infection Dr Walsh was the most junior of the BTSB's three medical officers, but he did have responsibility for donors. When he received a letter in 1991 confirming patient X's plasma was hepatitis C positive, his response was to do nothing and he appeared to have "a vague hope that by ignoring the problem it would go away", according to the report.
According to the Finlay report Dr James O'Riordan, now deceased, bore the major responsibility for the infection of anti-D which occurred in 1976/1977. Ms Cecily Cunningham, the BTSB's principal biochemist, who ran the laboratory where anti-D was produced, "bore an important and serious responsibility" for the product being infected. The board is not taking action for damages against Ms Cunningham, because it is believed she would not have the same level of indemnity. An unfair dismissals action against the BTSB by Ms Cunningham is continuing.