Analysis: How much the blood scandals will finally cost the State is anyone's guess, writes Joe Humphreys
The past incompetence of the Blood Transfusion Service Board continues to extract a heavy price from the Exchequer - as illustrated by two developments yesterday.
Ms Eleanor Healy (51), a mother of eight from Dublin, reached an estimated €2 million out-of-court settlement with the State for her infection with hepatitis C from a contaminated batch of anti-D plasma manufactured by the BTSB.
Meanwhile, the Minister for Health, Mr Martin, signed off on a compensation deal with HIV-infected haemophiliacs that is expected to cost tens, if not hundreds, of millions of euros.
The agreement follows the Government's admission that a 1991 "no fault" settlement with haemophiliacs, which cost the State £8 million at the time, was unfair.
Information has since emerged to suggest the BTSB was at least partially to blame for what happened. BTSB products have been directly linked to eight cases of HIV infection, and the blood bank has been widely criticised for distributing imported commercial concentrates to hospitals at a time when there were heightened fears about their safety. (The Lindsay tribunal has yet to rule on just how culpable the BTSB was in this regard.)
As for the BTSB's role in the infection of women with hepatitis C, this is already well documented, and has been investigated by a separate tribunal. Further damning evidence against the agency, however, emerged this week when a US expert on the management of blood transfusion systems told the High Court that the BTSB's viral testing procedures between 1977 and 1991 were negligent and irresponsible.
A hepatitis C compensation tribunal, established in 1995 after the scandal broke, has already made 1,502 awards to individuals, totalling €292.8 million.
The largest single award was £2.479 million (€3.15 million) made in January 2001.
Just how much the final bill will be is anyone's guess. At least 250 people are appealing tribunal awards to the High Court, which in general has been sympathetic to claimants.
While awards are confidential, it is understood some have been as much as eight times as high in the High Court on appeal, compared to the original awards of the tribunal.
Those considering appeals are likely to be encouraged by yesterday's reportedly high out-of-court settlement.
The possibility of further financial exposure to the State has been raised by a test case taken earlier this year challenging the time limit for appeals against tribunal awards.
The High Court has reserved judgment in the case, which was taken on behalf of a hepatitis C-infected haemophiliac by solicitor Mr Raymond Bradley.
Mr Bradley also acts for the Irish Haemophilia Society and helped to negotiate the HIV compensation scheme announced yesterday.
He stressed that, whatever the final cost of the scheme, "there is no financial costs which can replace the loss of a life."