It would not be fair to criticise a Co Laois general practitioner for failing to diagnose polio in a father of three who was examined by the doctor just days after the man's infant daughter received her second dose of the oral polio vaccine, a UK expert on polio told the High Court yesterday.
Dr Geoffrey Spencer, a retired consultant with 35 years' experience of dealing with polio sufferers, was giving evidence in the continuing action by Mr Anthony Blanche (42), of Ballybrittas, Co Laois, who has sued the Midland Health Board and two doctors - Dr Fergus and Dr Charles McKeagney, with a practice at Main Street, Portarlington - over his contracting polio in 1994.
Mr Blanche, who was never vaccinated for polio, claims he contracted the disease after his daughter, Isabel, received the OPV in 1994.
It is claimed no warning was given that the OPV is a live vaccine and that there is a risk of contracting polio to unimmunised contacts of recipients of the vaccine. The defendants have denied negligence and are pleading contributory negligence.
Yesterday, Dr Spencer said Dr Charles McKeagney had worked in the UK and was of an age where he would have seen polio cases in his medical career. Dr McKeagney would have been in the UK during the polio epidemic of the 1950s and 1960s.
The witness agreed with Mr Justice O'Neill that when Dr McKeagney examined Mr Blanche on March 12th, 1994, the doctor would not have seen a polio case for many years.
Dr Spencer said there was information within the McKeagney practice that Mr Blanche's daughter had received the OPV. It was a pity that information was not sought.
The court has heard Dr McKeagney referred Mr Blanche to Portlaoise Hospital.
Dr Spencer agreed the normal process is to refer on a patient whose diagnosis is not clear. He said it would have been helpful if the referral letter had mentioned polio as a possible diagnosis.
It was a great pity Dr McKeagney did not think of polio "but I could not say further than that", Dr Spencer said.
Mr Blanche had had unnecessary and sometimes painful treatment before the polio diagnosis was made some time later.
Even if the polio diagnosis had been made earlier, it would not have changed the ultimate outcome for Mr Blanche, Dr Spencer added.
Mr Paul Callan SC, for Mr Blanche, said the OPV vaccine was administered to Isabel by Dr Fergus McKeagney. Counsel asked Dr Spencer what he would have expected Dr Fergus to do when administering the vaccine.
Dr Spencer said the person administering the vaccine needs to be aware it is a live vaccine and to warn in clear terms of the need for strict hygiene.
He said everyone has a different idea of hygiene. One was also obliged to explain, in a simple and unfrightening way, what risks were involved.
The case resumes on Tuesday.