THE Blood Transfusion Service Board wanted Mrs Brigid McCole to agree that her family would waive any right to sue for punitive damages after her death.
Sources close to the McColes say she wanted a clause in her settlement with the BTSB, stating that the right of her husband and children to sue would not be affected by her settlement. The BTSB refused, and replied that it wanted it specifically agreed that the family would not take a case.
The issue arose in the days before Mrs McCole's death, in talks on the final details of her settlement, and £175,000 compensation was agreed just before she died on October 2nd.
Mrs McCole refused to accept the BTSB request and the issue was left undecided. However, the McCole family is believed to be very angry at what it saw as extra pressure from the BTSB and the board's refusal to acknowledge the right of her husband and children to sue.
A BTSB spokesman said Mrs McCole had asked for a clause to be included in the settlement that would "make it easier for them to make a case on behalf of themselves. This was not standard." The spokesman said the clause would have discriminated against the board.
Mrs McCole was bringing the first test case to the High Court seeking compensation for infection from contaminated blood products. She was 54 and died from liver failure in St Vincent's Hospital, Dublin.
Had her case gone ahead, some lawyers think she could have received more than £1 million in damages.
The BTSB's offer of £175,000 was a surprise to those involved in the case, as her legal team was in a weak negotiating position at that time. Had Mrs McCole died before the settlement, her family would have been entitled to claim only £7,500.
The BTSB wrote to Mrs McCole's solicitors on September 20th, stating that it admitted liability and was apologising. Family sources say this left no outstanding issue other than punitive damages.
The BTSB letter of September 20th said that if Mrs McCole discontinued the claim for exemplary damages, the BTSB would not seek any costs.
It stated: "Similarly, if your client proceeds with her claim for aggravated and exemplary/punitive damages against our client and fails, then our client will rely on this letter in an application to the court against your client for all costs relating to the claim for such damages and for an order setting off any costs to which your client might otherwise be entitled."