DESPITE a change of government, the State is "still playing tough" with a Co Carlow woman infected with hepatitis C and who begins her action for aggravated damages in the High Court today.
Ms Mary Quinlan claimed last night there had been no change in attitude in her case. "There may be a new Government but nothing appears to have changed," Ms Quinlan told The Irish Times last night. "They promised the sun, the moon and the stars during the election and I went out into the rain and voted for them but they are still playing tough.
Ms Quinlan, a mother of eight who now has serious liver damage, is suing the State, the Minister for Health, the Blood Transfusion Service Board and the National Drugs Advisory Board for aggravated damages. She chose to continue with her court action and not go to the hepatitis C compensation tribunal.
This morning, the Cabinet is due to discuss the release of the documentation explaining the State's legal strategy in the Brigid McCole case.
The Minister for Health, Mr Cowen, was seeking further legal advice on the matter last night and is expected to give a report at the meeting. Government sources said it is still its intention to press ahead with plans to disclose the contents of the documents to the public.
The Taoiseach, Mr Ahern, and the Tanaiste, Ms Harney both pledged during the general election campaign that the files would be opened up if a Fianna Fail/Progressive Democrats administration came into power.
Ms Quinlan said last night that negotiations with the defence had broken down last week.
"I am angry because there are a number of rumours going around that I had settled but I have not signed anything nor agreed anything. I have seen nothing that I was pleased with," she said.
Ms Quinlan, who was infected through anti-D immunoglobulin, said she would have accepted "a fair award, an admission of liability, and an apology from the State, the BTSB and the NDAB". She has already received an admission of ordinary liability from the BTSB.
The past week, she said, had been "more stressful" than the three years since she began her action.
If Ms Quinlan's case goes ahead it will establish legal precedent in this area. At present, people infected with hepatitis C through contaminated blood products who go to the compensation tribunal receive 20 per cent for aggravated damages on top of their ordinary awards.
Legal sources believe it ifs unlikely that an award for aggravated damages for Ms Quinlan would go above 20 per cent. However, there is a risk that it may.