A woman who "wept for a year" after learning she had contracted hepatitis C from contaminated blood products has taken a High Court action for "exemplary" damages. She claims the actions of the Blood Transfusion Service Board were wanton, oppressive and grossly reckless.
The court was told yesterday the BTSB was extending an "open apology" to Mrs Eleanor Healy over her contracting hepatitis C after she received an infusion of infected Anti-D plasma manufactured by the board but was resisting a claim for exemplary damages.
Mrs Healy, who lives on Dublin's northside but whose precise address was not disclosed, was said to have worked as a costume wardrobe supervisor for a number of stage productions, including at the Abbey Theatre, RTÉ and the Point Depot.
Mr John Rogers SC, for Mrs Healy, said she was terrified after the diagnosis and had equated the infection with the AIDS virus in terms of stigma.
He said Mrs Healy did not process her claim through the Government tribunal set up to deal with cases such as hers (the cases are heard in private) and instead had decided to pursue her claim for damages, including exemplary damages, in the High Court. He said she was also distressed by the fact that one of her sons was infected with hepatitis C.
The case against the BTSB, the Minister for Health and the State, is scheduled to last five weeks.
Before Mr Rogers began his opening address yesterday, counsel for the BTSB, Mr Paul Gallagher SC, was permitted by Mr Justice Johnson to address the court. Mr Gallagher said he was instructed to apologise unreservedly to Mrs Healy for the injury she had suffered due to the fault of the BTSB. The board was anxious to do everything possible to minimise the worry and stress for Mrs Healy in presenting her case.
He said he was authorised to inform the court the report of the Finlay tribunal was accepted in full. The board had accepted all the facts found in the report except for some technical matters. They accepted a medical report as to Mrs Healy prognosis; an architect's report in relation to her home and claims regarding items of equipment she would require. There was also no issue as to the amount of domestic help being claimed.
They did not dispute Mrs Healy's claim for loss of earnings. With regard to the costs of a liver transplant, Mr Gallagher said the board would claim that such costs would be met by the State.