The Blood Transfusion Service Board failed to set up or apply specific requirements or operating procedures regarding donor history and selection in relation to the production of anti-D blood products, it was claimed yesterday.
The claim was made before the High Court by Mr John Rogers SC, who is representing a man who says he contracted hepatitis C through his mother at birth and who is seeking damages against the BTSB and the Minister for Health.
The man claims anti-D was administered to his mother in November 1977. It is alleged that the batch of anti-D concerned had tested positive for hepatitis C. The BTSB had also failed to apply a quarantine period and to observe donors as a safeguard against the transmission of hepatitis in relation to the production of anti-D, it was claimed.
Mr Justice Herbert said he had no idea what the Department of Health's defence was. It seemed to him to say: "We are not liable - prove it".
The hearing continues today.