'Long, hard and lonely road' for victim who finally received justice

MRS Mary Quinlan, the Co Carlow woman infected with hepatitis C, said yesterday that she had received "justice through the courts…

MRS Mary Quinlan, the Co Carlow woman infected with hepatitis C, said yesterday that she had received "justice through the courts" after settling her legal action on the steps of the Four Courts.

Mrs Quinlan, a mother of eight, is believed to have received a sum of about Pounds 400,000. The High Court case was settled just five minutes before it was due to be heard yesterday morning.

While Mrs Quinlan did not receive an admission of liability from the State, she did receive an apology from the Blood Transfusion Service Board and an expression of regret for what she had suffered from the Minister for Health and the Attorney General.

According to Government sources, the new Minister for Health, Mr Cowen, insisted on the expression of regret being included as part of the settlement, although it had not been sought. He had been notified on Monday night that a settlement offer was being finalised.

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Accompanied yesterday by her husband, Pat, and son, Michael, Mrs Quinlan told reporters that she was very pleased with the outcome. Her solicitor, Mr Raymond Bradley, of Malcolm son Law, said that she could not reveal the amount of money involved because of a confidentiality clause.

"It would have been my intention to disclose the sum, but it is the intention of the State that it not be disclosed," Mrs Quinlan said.

While she would not encourage anyone to go through the experience of taking an action through the High Court, Mrs Quinlan said that a number of the awards made at the hepatitis C compensation tribunal had not been fair.

While the principle of aggravated damages had not been conceded by the defendants, she felt that the amount of money offered recognised those damages in her case. "I am not concerned about the principle. I am satisfied I received justice here today. I have not let them off lightly."

She said it had been a long, hard and lonely road in the two years since she had begun proceedings. "I hope now to be able to make up for some of that time."

She blamed governments over a long period for what had occurred and called on the new administration to honour its pledge to publish the legal documents from the Brigid McCole case.

If some good was to come from her legal battle she hoped this would be a safe blood supply. "I want there to be a safe blood supply for my children and other people's children and for people who need, it regularly like haemophiliacs.

In a statement, Mrs Quinlan said that the "gross incompetence and negligence" of a state agency had delivered her a death sentence. "The same agency, the BTSB, did not admit the truth and act responsibly until brought to the steps of the court. All political parties bear a responsibility to ensure that, if something like this ever happens again, the State or its agencies will not threaten huge court costs and legal technicalities to stop its citizens going to court for their rights."

While the struggle had taken its toll on her family, they had supported her through difficult times. "We were put under intense public pressure when I was named in these proceedings and not allowed the anonymity of other sufferers." It had been a lonely fight going back to April 1995, when she had issued proceedings in the High Court, she said.

The damages award is intended to provide for Mrs Quinlan's future needs. It will also cover the cost of help in the home in caring for her eight children, who are aged from four years upwards.

Mrs Quinlan said she realised that other people infected with hepatitis C had not been so fortunate in their awards. "I hope that, in the light of the result in my case, their cases will be reopened to provide fair and adequate damages to them. I also hope that, for those whose cases have not been dealt with, my success will encourage them to seek out proper damages for their losses.

As a gesture, Mrs Quinlan intends to donate a proportion of her award to hepatitis C research.