The Irish Haemophilia Society and the Minister for Health and Children, Mr Martin, have reached agreement on a compensation scheme for haemophiliacs infected with HIV through contaminated blood products.
Legislation is to be brought before the Dáil next Wednesday with a view to having it enacted before the general election.
Neither the IHS nor the Minister was willing to say how much the scheme is likely to cost the Exchequer as awards are to be decided on a case-by-case basis by the hepatitis C compensation tribunal.
It is expected, however, the scheme will cost at least €50 million and possibly a multiple of that.
In a major departure from previous compensation schemes, it will allow dependants of haemophiliacs who have died to claim the damages for pain and suffering to which the deceased would have been entitled had he/she been able to make his/her own claim to the tribunal.
Mr Martin said this provision would also apply "to the dependants of persons who died as a result of contracting hepatitis C through blood and blood products where known dependants are currently entitled to make a claim to the hepatitis C compensation tribunal."
The IHS solicitor, Mr Raymond Bradley, said the proposal marked a major departure from the Civil Liability Act and "reverses established legal precedent of 150 years".
However, he said it was "only right and proper because of the significant wrong" done to HIV-infected haemophiliacs in 1991, when they were forced to accept a no-fault settlement with the State.
Three years ago the Government admitted the £8 million (€10 million) settlement was unfair, and pledged to legislate for a review.
Under conventional compensation schemes, awards are calculated on the value of the victim's life, and this sum is divided up between family members. The proposed scheme is different in allowing each family member to claim separately for psychological and other damage caused by a death.
Each such claimant will receive a solatium (base payment) of €25,400, as is the case at present. But, uniquely for litigation, each will also be able to claim for loss of earnings from the date of injury to death, post-traumatic stress disorder, damage to one's relationship with the deceased, and, most significantly, general damages for pain and suffering of the deceased.
The spouse and children of a deceased person will be entitled to claim, along with the parents of a deceased child.
Persons infected with HIV who are alive will be able to claim for damage to marital relationship, as well as claim under headings currently covered by the hepatitis C scheme.
Such persons can also demand an additional 20 per cent of an award for exemplary damages. Alternatively, they can seek exemplary damages in the courts if they feel they deserve a higher percentage.
The tribunal will decide on a case-by-case basis whether to deduct payments made by the State to haemophiliacs under the 1991 settlement, along with payments made by pharmaceutical companies in separate litigation.
Last summer, 59 HIV-infected haemophiliacs received around €6.7 million from five mainly US-based drugs companies.
Litigation against the companies has since been initiated on behalf of a further 20 such haemophiliacs.
A total of 105 haemophiliacs were infected with HIV in the State. Some 64 have since died.
Welcoming the settlement Fine Gael's health spokesman, Mr Jim Mitchell, said his party would facilitate the passage of the Bill through the Dáil next week.
"I don't know why it has waited until the last full day (of the Dáil). But better late than never," he said.
