Judge asked to halt cases brought over use of Thalidomide drug

Sixteen people are suing for injuries arising out of the prescribing of the Thalidomide drug to their mothers during pregnancy in the 1950s and 1960s, the High Court heard.

The cases, which started in 2013, arose out of new information and technological advances which enabled people who suffered disabilities or deformities as a result of their mothers taking the drug to bring the actions, the court heard.

The German manufacturers of the drug, the Irish distributors and the State, who are all being sued, claim the cases are out of time and are barred from proceeding as a result of the statute of limitations.

The statute places a time limit of generally between two and six years depending on the type of case and the time of a person’s knowledge of an alleged wrong.

Manufacturers Grunenthal GmbH, distributors TP Whelehan Son & Co, and the Ministers for Health and Environment all deny the claims against them.

Grunenthal applied to Mr Justice Séamus Noonan for directions over whether the issue of the cases being statute-barred should first be determined.

It also sought a determination as to whether the proceedings against the German company should be dismissed for want of prosecution and/or because of inordinate and inexcusable delay.

Lawyers for one of the 16, whose case is being dealt with first, also applied for directions on how the case should proceed.

Mr Justice Noonan is to give his decision on the matter on Friday.

The court heard the plaintiffs are in their 50s and some may require urgent hearings because of their medical conditions.