THE medical expert who assessed the health of Mrs Brigid McCole for the Blood Transfusion Service Board was also acting for the State and the National Drugs Advisory Board at the same time, The Irish Times has learned.
This appears to contradict the Minister for Health, Mr Noonan, who has repeatedly said separate legal strategies were conducted by the State and the BTSB in the High Court compensation case taken by the Co Donegal woman, who died last October after being infected with Hepatitis C through Anti D.
Last night a spokesman for the Minister said Mr Noonan had no comment to make.
Earlier this week, Mr Noonan told The Irish Times that medical assessments are carried out "in a routine way" in such cases. But he was not able to say if such an assessment was carried out on Mrs McCole for the State. "I can't answer that question. I do not have the information in my head," the Minister said.
Prof Donald Weir, a consultant gastroenterologist, was requested to carry out the assessment by the Dublin firm of solicitors, McCann Fitzgerald, acting on behalf of the BTSB. When contacted this week Prof Weir said he understood that he had carried out the assessment on behalf of the State but he was not aware of any BTSB involvement.
He said he had no further comment to make.
According to sources close to the case, however, the information from his assessment of Mrs McCole's condition was shared by the three defendants involved the State, the BTSB and the NDAB.
The Fianna Fail spokesman on Health, Mr Brian Cowen, said it was now clear that the BTSB was not acting alone and there was a cross over between the parties. "This revelation blows the Government's cover out of the water in relation to who authorised the legal strategy in the McCole case.
He said it ran counter to everything the Minister had told the Dail: "Mr Noonan has always said that the BTSB was conducting its case completely separate from that of his Department."
Mr Cowen called on the Taoiseach to provide "an immediate and full" explanation in relation to the disclosure. The Tanaiste, he added, must also explain why "he acquiesced" in the legal strategy in the McCole case "and why he made claims as recently as this week that there was no co-ordination between the State and the BTSB".
In April last year, evidence was heard in the High Court on the state of Mrs McCole's health, when her legal team requested a speedy hearing because of her deteriorating condition. Prof Weir and Dr Gary Courtney, Mrs McCole's consultant gastroenterologist, broadly agreed on the condition of her health but differed on the prognosis.
Dr Courtney said the condition could develop into decompensated liver disease within months and Mrs McCole could need a liver transplant. It was unlikely that she would be able to participate or give evidence. Prof Weir did not believe it likely within the next year or so. Mrs McCole died in October, a week before her case was due to be heard in the High Court.
Meanwhile, according to sources, Department of Health officials were aware that the BTSB was making the lodgment of £175,000 in the compensation case in June.