THE woman whose challenge to her hepatitis C compensation award was turned down by the High Court may appeal the decision to the Supreme Court.
The High Court President, Mr Justice Costello, dismissed the challenge by the 47 year old mother of 11 to the validity of her £205,000 award, the first judicial review of a tribunal award.
The woman's solicitor, Mr Tony Murray, of F.B. Keating Solicitors, said he was "surprised and disappointed" by the ruling. The woman is expected to take legal advice on appealing the decision to the Supreme Court.
She is also taking a case for damages in the High Court against the Department of Health and the Blood Transfusion Service Board (BTSB). The case is expected to be heard next year.
The tribunal awarded the woman £25,000 in respect of loss of future earnings, £35,000 for the provision of home help and £140,000 for general damages. The main ground for the judicial review was the sum awarded for home help.
The woman contracted hepatitis C after a contaminated anti D injection in 1978. The tribunal decision said her prognosis was poor and she was likely to suffer cirrhosis of the liver in the next 10 years. Her life expectancy is put at around 20 years.
A legal source said a Supreme Court appeal would be the real test of the tribunal award. "A judicial review process is very limited in what it can do - it's not an appeal and it does not rule on whether the award was right or wrong. The only way it could quash an award was if the tribunal had acted unlawfully."
The tribunal has heard 189 cases out of over 1,600. At its current rate it will be sitting for another three years.
