The Dublin City Coroner has directed that a fresh inquest be held into the death of a brain-damaged man, whose parents maintain that a three-in-one vaccine had fatal consequences.
Alan Duffy (22), Howth Road, Clontarf, died in 1995 after contracting pneumonia.
His family has argued the pneumonia was due to his mental handicap, which was caused by an encephalopathic reaction to the three-in-one vaccine he received in 1973-74.
An inquest into his death was opened when a doctor involved in Mr Duffy's care refused to sign his death certificate.
The initial inquest into his death was adjourned to allow a judicial review to take place.
Coroner Brian Farrell had decided to investigate any indirect role the vaccine may have played in Mr Duffy's death, but the Northern Area Health Board challenged the move in the High Court in 1999. The High Court ruled that any link between his death and the vaccine was too indistinct to make it appropriate for investigation by a coroner.
The Supreme Court then rejected an appeal by the coroner against the decision.
At Dublin City Coroner's Court yesterday, Dr Farrell tried to recall the jury from the 1999 inquest. However, following the notification of 10 jury members, just one juror presented at court yesterday.
The inquest will now proceed either with a new jury or Dr Farrell will hear the inquest sitting alone, which is within his power, the court heard. He stressed the importance that the inquest be "brought to a conclusion".
Outside court, Vera Duffy said the family "got what they wanted" in a new inquest on their son.
However, as the High Court had ruled that no link could be made between his death and the three-in-one vaccine, she added: "I don't know how they are ever going to reach a true verdict."
She also said the restrictions placed on the coroner were "absolutely shocking. How he's going to direct a jury, God only knows."
Dr Farrell said the Supreme Court had ruled he could not call an independent expert at the inquest. The procedure at the new inquest "will have to be consistent with the Supreme Court judgment".
Kevin Duffy, Alan's father, said the family was considering appealing the Supreme Court decision in relation to expert witnesses. "The Supreme Court ruling was based on the old rules that you can only have two medical witnesses. Now that's changed and we're going to either appeal the Supreme Court decision or we'll see what's passed at our submission. The important thing that was mentioned inside was the two doctors said there was a link to the vaccine and two said there wasn't. We would like to hear the other doctors."
Senior counsel for the Health Service Executive, Peter Finlay, suggested that the coroner write to the doctor who refused to sign the death certificate to ask if he would now be willing to state the cause of Alan's death. This would eliminate the need for a fresh inquest. This was rejected by Dr Farrell.