A WOMAN who is infected with hepatitis C was suffering from liver damage which was likely to be fatal, the High Court was told yesterday.
In seeking an early hearing of her claim for damages, her counsel said there was concern that the case should go on before the inevitable occurred.
Mr Justice Johnson told lawyers for Ms Mary Quinlan, of Greenhills, Brownshill Road, Carlow, that he would list the matter for mention on the last Wednesday of the current law term. Lawyers for Ms Quinlan are seeking a date in February.
Ms Quinlan, who has eight children, is suing the Blood Transfusion Service Board, which has admitted liability, the National Drugs Advisory Board, the Minister for Health and the State.
She claims that on dates Unknown, until after the discovery of documents, the BTSB and Minister made available to the public blood products licensed by the National Drugs Advisory Board. She alleges she was administered anti D immunoglobulin from her second child onwards.
In the defence delivered on behalf of the BTSB last week it admits Ms Quinlan "had been injured by the negligence of this defendant" and that it has obliged to pay to her such compensation for personal injuries, loss and damage as may be determined.
It was denied the BTSB knew of contaminants or was indifferent or reckless in the examination, supervision or inspection of materials required for the production of anti-D.
Mr Richard Nesbitt SC, for Ms Quinlan, told Mr Justice Johnson yesterday they were seeking a priority listing for this case. His client was suffering damage to her liver, likely to be fatal, and in the circumstances there was concern this case go on before the inevitable occurred.
Ms Quinlan, said Mr Nesbitt, wanted to vindicate her rights and to provide comfort for the family which she would leave behind.
Mr Nesbitt said they wished to get the case on before it was too late. In the very recent past the final defences from the various defendants had come to hand and it was appropriate at this stage to seek a date for the hearing of her claim.
While the BTSB had conceded liability for compensatory damages, it was denying there was any case to be made or any liability for paying Mrs Quinlan exemplary or punitive damages.
Mr Nesbitt said Mrs Quinlan had not substantial means and prosecution of her claim depended on the goodwill of her legal advisers. The problem was to allow those advisers know when the case was to be heard, to allow them make adjustments in their diaries.
Another element was the need to examine documents which would require the involvement of expert witnesses. It would also seem sensible that the court nominate a judge to deal with any disputes that might arise.
Mr Paul Gallagher SC, for the BTSB, said his side was ready whenever the court decided a date for the hearing.
Mr Justice Johnson said he would accommodate the as best he could. There was also lot of other plaintiffs whose health was deteriorating in different situations.
Mr Gallagher said he was not able to say whether Ms Quinlan was one of the worst affected.
Mr Michael O'Donoghue, counsel for the State, said this was one of 300 hepatitis C cases which might come before the courts.
Mr Justice Johnson said every case would be dealt with, depending on medical condition. He would put the matter information for the last Wednesday current law term when he hoped to be able to accede to the for an early date for the of Ms Quinlan's claim.