Hepatitis C victims appeal awards to High Court

Thirteen people who are unhappy with awards made to them by the Hepatitis C Compensation Tribunal have appealed to the High Court…

Thirteen people who are unhappy with awards made to them by the Hepatitis C Compensation Tribunal have appealed to the High Court.

The tribunal has dealt with 750 cases since it started work in 1996 and awards average £135,186. So far 1,815 claims have been received on behalf of people alleged to have been contaminated by the virus as a result of receiving Anti D immunoglobulin.

Yesterday the President of the High Court, Mr Justice Morris, said he would adopt draft rules in relation to appeals to his court in order to facilitate any urgent application. He adjourned the appeals until the next law term.

He granted the adjournment after Mr Michael O'Donoghue SC, for the Minister for Health, said that rules of court made last November had not yet received the Minister's approval. This was as a result of legislative and regulatory difficulties.

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Counsel asked that the 13 cases be adjourned, with liberty to apply to the court if any urgent matter arose. It was said that one or two of those appealing were unwell.

To facilitate anybody who was anxious to get their case into court before the Minister had an opportunity to approve the new rules, Mr Justice Morris said he would adopt the draft rules as interim guidelines for the court.

In each case counsel could give guidance as to whether oral evidence would be heard.

The tribunal has powers to award a lump sum or to make a provisional award and give an applicant a right to return at a later date in light of any new circumstances.

In some cases applicants seeking to return to the tribunal have been refused. Two of the 13 appeals relate to those refusals.