THE DECISION to allow a judicial review of a ruling excluding legal representation for three groups in the hepatitis C affair was welcomed by the groups yesterday.
The chairman of the Irish Haemophilia Society, Mr Brian O'Mahony, said that members would be very disappointed if next Friday's review was unsuccessful. The tribunal would be a "piecemeal inquiry" if the IRS did not have representation as a full participant, he said.
The chief executive of the Irish Kidney Association, Ms Patricia Doherty, said that members were hoping for a positive outcome. She said that 38 of the association's members were at present before the compensation tribunal. A total of five IKA members had died in the past year due to hepatitis C complications.
Mr O'Mahony said that questions needed to be asked about how several children had been infected by hepatitis C between 1985 and 1990. "We want to ensure that there is a safe supply of blood and blood products for everyone in the future", he said. "If you do not learn from history, you are condemned to repeat it."
Responding to a suggestion that granting legal representation to the three groups would increase the costs' of the tribunal, Mr O'Mahony said that the cost to his organisation had been 62 deaths from viral infection of blood products and a shortened life expectancy for other members.
There would be long term savings to the State if the tribunal's recommendations led to a safer, costeffective blood supply. "This is prevention rather than cure".
The beef tribunal was about misappropriation of funds. This is about misappropriation of lives", Mr O'Mahony added.
Transfusion Positive was unable to provide a spokesperson to comment on yesterday's High Court ruling.
. The President of the High Court, Mr Justice Costello, yesterday struck out a challenge by a 47 year old Co Limerick mother of 11 to the £205,000 award made to her by the hepatitis C compensation tribunal.
Last week, the judge held that the tribunal's decision was lawful and refused the woman's application for a judicial review. The tribunal said that, it would not apply for costs.
The tribunal awarded the woman £140,000 general damages, £25,000 for loss of earnings and £35,000 for home help.
The case was adjourned to yesterday, when Mr John Redigan SC, for the tribunal, said that the application could be struck out with no order as to costs.