The parents of a brain-damaged man, who died aged 22 after contracting pneumonia 10 years ago, have called for a tribunal to be set up to investigate if a three-in-one vaccine caused his death.
Vera and Kevin Duffy were speaking outside Dublin City Coroner's Court yesterday after the coroner, Dr Brian Farrell, directed that an attempt be made to recall the jury in the 1999 inquest into Alan Duffy's death.
"It has been suggested that the Minister for Justice may be able to set up a tribunal. Mr McDowell may be able to set up some sort of inquiry," Kevin Duffy said.
"I'll do whatever it takes, I won't stop," his wife Vera said. "Hopefully, the jury can be recalled. If not, then we are possibly looking at a new inquest," she added.
Mr Duffy, Howth Road, Clontarf, Dublin, died in 1995 after contracting pneumonia. His family has argued the pneumonia was due to his mental handicap, which was caused by an encephalopathic reaction to the three-in-one vaccine he received between October 1973 and February 1974.
An inquest into his death was opened when a doctor involved in Mr Duffy's care refused to sign his death certificate.
The initial inquest into his death was adjourned to allow a judicial review to take place. Dr Farrell had decided to investigate any indirect role the vaccine may have played in Mr Duffy's death but the Northern Area Health Board challenged the move in the High Court in 1999.
The High Court ruled that any link between his death and the vaccine was too indistinct to make it appropriate for investigation by a coroner. The Supreme Court then rejected an appeal by the coroner against the decision.
Dr Farrell told the court yesterday he was reluctant to recall the jury after such a long passage of time but "I ought to endeavour to contact them, although they may not be able to be empanelled".
He added that, following the Supreme Court ruling, the court could not examine any possible link between Mr Duffy's death and the three-in-one vaccine.
Senior counsel for the Health Service Executive, Peter Finlay, said it was "a bit much" to expect a jury to have retained information from 1999.
Peter Gardiner, SC representing the Duffy family, supported the jury recall.