Noonan set to increase pay out to victims of hepatitis C

THE Minister for Health is understood to be considering increasing the proposed level of aggravated damages for victims of the…

THE Minister for Health is understood to be considering increasing the proposed level of aggravated damages for victims of the hepatitis C scandal.

A source close to the Department of Health said yesterday the proposal to award aggravated damages at a rate of 15 per cent could be increased to 17.5 per cent.

On Thursday Mr Noonan published the heads of the Bill to put the hepatitis C compensation tribunal on a statutory footing.

The law includes a provision for aggravated damages for people contaminated by blood and blood products from a reparation fund.

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Individuals would receive a standard 15 per cent of their original tribunal award as aggravated damages.

Representative groups have demanded a higher level of aggravated damages. Positive Action, representing women infected by contaminated anti D, has sought 20 per cent, while the Irish Kidney Association has asked for 25 per cent.

Mr Noonan is expected to present the proposals to his Government colleagues at tomorrow's Cabinet meeting.

According to the source, Mr Noonan is likely to propose some movement on the 15 per cent level, with a further 2.5 per cent being the expected compromise.

Fianna Fail has criticised the proposed level of damages and yesterday a party spokesman said Mr Noonan published the Bill even though he was still in consultation with interest groups. He unilaterally decided the issue without finishing off the consultation process."

Department officials have consulted the Attorney General's office on the final drafting of the law. The provision is not expected to be in place, however, until after the general election and the summer recess.

The legislation will give the State the right to appeal against aggravated and exemplary damages while the claimant has a right of appeal to the High Court.

Last week the chairwoman of Positive Action, Ms Jane O'Brien, said Mr Noonan had informed her that he would take the matter of an increase in the proposed level of aggravated damages to Cabinet.

Catherine Cleary

Catherine Cleary

Catherine Cleary, a contributor to The Irish Times, is a founder of Pocket Forests