Increase demanded in hepatitis C awards

AN increase in the Government offer of aggravated damages has been sought by two of the groups representing people infected with…

AN increase in the Government offer of aggravated damages has been sought by two of the groups representing people infected with hepatitis C through contaminated blood products.

The Minister for Health, Mr Noonan, has told the groups that he would have to return to Cabinet to see if the 15 per cent addition to their compensation award could be raised. However, sources indicated yesterday that the figure would not be increased.

It is believed that Positive Action, representing women infected through anti-D immunoglobulin, has now claimed a 25 per cent top up. Last week it asked for 30 per cent.

Transfusion Positive, representing people infected through transfusions, told the Minister in a meeting last night that it wants 20 per cent extra.

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The offer also applies to the Irish Haemophilia Society and the Irish Kidney Association. It combines a reparation fund to give a 15 per cent addition to every compensation award and a statutory tribunal with powers to decide and award aggravated damages.

The Fianna Fail spokesman on health, Mr Brian Cowen, said the Government was trying to exclude some victims from compensation.

"We are very concerned that Mr Noonan is attempting to limit the scope of awards for aggravated damages to only some categories of victims. This arises because of the reference in the draft documents only to the Finlay Tribunal," he said.

The tribunal investigated only matters relating to anti D, he said. Another tribunal is yet to be established to investigate matters relating to transfusion victims haemophiliacs and kidney patients.

"However there is no reference to this tribunal in the Minister's document and despite promises made in the Dail in January, the terms of reference have still not been brought forward by the Minister.

Ms Rosemary Daly, administrator of the Irish Haemophilia Society, said last night that it had raised these concerns with the Minister.

"Under the Heads of the Bill it says that people can rely on the findings of the Finlay report, but that is no good to us. We want a date for the next tribunal and for the new Bill to refer to the findings of that as well."

In a statement yesterday, Positive Action confirmed that it had received a new proposal from Mr Noonan on aggravated and exemplary damages.

This proposal and the Draft Heads of Bill to establish a compensation scheme in statute to Positive Action are the subject of detailed ongoing consideration by the group in consultation with our legal advisers," it said, adding that the organisation was still in communication with the Minister.

Ms Maura Long, chairperson of Transfusion Positive, said the organisation was broadly pleased with the offer but that other issues were outstanding. These include life assurance mortgages treatment in public wards and the low level of grants available for research into hepatitis C.

Mr Cowen said he was concerned at reports that Mr Noonan was planning to introduce "enabling" legislation only, and then to establish the tribunal by statutory instrument.

"The victims have always made it clear that they wish the tribunal to be established under statute, and not by a secondary measure such as a statutory instrument, which could easily be dissolved."