Hepatitis C tribunal to move on to haemophilia

THE compensation Tribunal set up by the Government to determine damages due to victims of, hepatitis C infected blood and blood…

THE compensation Tribunal set up by the Government to determine damages due to victims of, hepatitis C infected blood and blood products today begins determining the cases of haemophiliacs.

In its first few weeks it has awarded £1.3 million to rhesus negative mothers who were injected with hepatitis C infected Anti D immunoglobulin after giving birth in the early 1970s.

The Department of Health, while denying liability, has accepted responsibility to compensate the 1,800 Irish people who tested positive to hepatitis C in blood tests. Of these, 1,100 are women who received infected Anti D immunoglobulin. The remainder are haemophiliacs or hospital patients who received blood transfusions or were treated with infected blood byproducts.

"Just under 450 women are estimated to be virus active", says Ms Anne Marie McCrystal, a solicitor with Lavelle and Coleman which is dealing with many of the women's claims. "It is anticipated some will develop cirrhosis with the risk of hepatocellularcarcinoma and the inevitable need for a transplant".

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The highest award to date has been £251,000, with some others ranging between £100,000 and £195,000. Most of the awards so far have been to women who while they have developed the hepatitis C antibodies, are in low risk categories and have received under £100,000 each.

Maureen, a 48 year old west Dublin mother of eight, recently accepted a £50,000 award from the tribunal. She is typical of the low risk victims. "I first noticed, a change in my health after my last child was born in 1988", she says. "I always felt unwell, tired, aching flu like symptoms with pains in my joints. I was fatigued and depressed. Totally lethargic."

"When I tested positive I was devastated. My husband and children were given the all clear."

My whole life was disrupted. I am very self conscious with this disease, especially with some of "my neighbours who think it is related to AIDS, which it is not. I felt shunned. They stopped coming in for a cuppa."

Maureen, who wishes to avail of the anonymity granted her by going to the tribunal, said her marriage suffered, "especially the sex side of it. I am afraid to have sex with him and I seem to have lost feelings for that side of our marriage."

Maureen has urged victims to seek compensation through the tribunal. "I would not have liked, to risk my name and personal affairs being spread all over the papers by seeking compensation through the High Court", she says.

Victims have a choice of seeking compensation through the tribunal or the High Court. All evidence at the tribunal is heard in camera. They may seek a once off payment - a course adopted mainly by low risk victims - or they may seek a provisional award. In the latter case, they can return to the tribunal for a topping up award if their health deteriorates further.