A WOMAN who received about £50,000 from the hepatitis C Tribunal last month has died. The Government appointed tribunal deals with claims from people infected as a result of receiving contaminated blood products.
It was reported at the start of this month that the woman, who had been infected with hepatitis C from Anti D immunoglobulin, received an award of £50,000, although it may have been less. Her case, and the case of another woman, had been heard quickly because both were terminally ill.
The Minister for Health, Mr Noonan, who established the tribunal, has said that information made public about the two awards did not take account of the circumstances in which they were made. They were awarded "in very special" circumstances.
It is believed the Minister was referring to medical complications experienced by the two women other than hepatitis C. The award apparently related to the hepatitis C elements of their illnesses.
A spokeswoman for the Department of Health said the women were "very ill from other causes
Positive Action, the support group for women infected with hepatitis C, has criticised the tribunal as "flawed and unfair" and voted not to submit applications.
The group wants it substantially altered to hear individuals to allow for oral medical evidence to compel witnesses to attend to include provisional awards and to allow for a contract between the individual and the State on acceptance of a provisional award.
Last night, a spokeswoman for Positive Action said they did not wish to comment on the decision by the High Court yesterday not to allow a woman with hepatitis C to sue under a false name. The court ruled that if the woman's case proceeded using a false name it would contravene Article 34 (1) of the Constitution. The woman was considering an appeal against the court's decision last night.
Peopled infected with hepatitis C who are considering legal action are said to be pleased the case will be heard quickly. It is due for mention in the High Court on April 26th and a date is expected to be set then. The closing date for the compensation tribunal is June 15th.
Some of those infected believe that the Government is trying to discourage hepatitis C victims from taking court action instead of going to the tribunal. Positive Action believes that because of its concerns a number of people may chose to proceed through the courts. Already 400 people have issued legal proceedings.
Mr Noonan denied that people are being forced to go to the tribunal after Fianna Fail Health spokeswoman Mrs Maire Geogheghan Quinn asked if the Attorney General's High Court action was an attempt to "cajole and corral" them from going to court.