Haemophilia group objects to law firm

The Department of Health has denied that a US law firm hired to advise on taking legal action against drug companies suffers from a conflict of interest.

In a letter to be sent to Tánaiste Mary Harney today, the Irish Haemophilia Society claims law firm Jenner and Block has a "clear conflict of interest" because it represents pharmaceutical companies defending product-liability cases.

Last Thursday, Ms Harney told the society she had engaged the US firm to provide legal advice on taking action against pharmaceutical companies that supplied contaminated blood products. These caused many Irish haemophiliacs to contract HIV and hepatitis C infections.

The society says it has discovered that Jenner and Block specialises in defending product liability cases, particularly in pharmaceuticals.

"One of their clients is Baxter Healthcare, which is one of the US pharmaceutical companies involved in supplying the contaminated blood products that are responsible for the infection and death of our members," the society said in a statement at the weekend.

"After almost four years of inaction and delay in dealing with this issue, the Department of Health and Children has now managed to request legal advice from a company with a clear conflict of interest," said Michael Davenport, society chairman.

However, a department spokesman said the Attorney General's office had been assured there was no conflict of interest on the part of outside legal advisers investigating whether the State can initiate litigation against US pharmaceutical companies.

Jenner and Block was chosen following an extensive trawl of US firms by the Chief State Solicitor's office. A number of firms said they could not do the work because of conflicts of interest.

The process was refereed by a London legal firm, Herbert Smith.

In its letter, the IHS asks the Tánaiste who proposed that Jenner and Block should carry out the work and what investigation the department carried out to determine if a conflict of interest existed.