THE Blood Transfusion Service Board used plasma in 1976 and 1977 from a female plasma exchange patient who it knew had been diagnosed as suffering from infected hepatitis and had become jaundiced, it is claimed in the High Court.
The claim is being made by a woman who says she was infected with the hepatitis C virus from infected blood.
She is suing the Blood Transfusion Service Board (BTSB), the Minister for Health, the National Drugs Advisory Board, Ireland and the Attorney General.
The President of the High Court, Mr Justice Costello, yesterday gave leave by consent to the woman to amend her statement of claim.
The amended claim says that in 1976 and 1977 the BTSB used plasma from a female exchange patient who it knew had clinically diagnosed as suffering from infective hepatitis and had become jaundiced.
It is also alleged the BTSB should not have used the plasma from the exchange patient after she had become jaundiced.
In using this plasma, it is claimed, the BTSB was in breach of clear standards for donor selection that it applied in the case of ordinary blood donors.
The woman alleges the exchange donor's plasma was used without her knowledge and consent for the production of anti D immunoglobulin and without the knowledge of her treating clinician.
It is claimed the BTSB persisted in using the plasma of the donor and in producing and distributing anti D and thereby caused the plaintiff to be infected. It is claimed the BTSB concealed these facts from the plaintiff.
The woman claims the BTSB was informed in 1991 that a batch of anti D immunoglobulin was infected with hepatitis C, was asked to establish if there was evidence of hepatitis C in the recipients of that batch and failed to alert her.
Yesterday Mr Justice Costello also gave leave for the plaintiff in the action to proceed under her own name.
Last month Miss Justice Laffoy ruled in the High Court that the who had been using adopted the name "Bridget M. Roe" could not sue under an assumed name.
Her name was stated in court yesterday to be Ms Bridgid McCole.
Mr Justice Costello also refused an application to strike out the defence on foot of a claim that there had been inadequate discovery. The judge said he would extend the time for a supplemental affidavit of discovery until there was some dispute remaining about the advance of documents he would judicate on it.
Mr John Rogers C for plaintiff, said she was in a situation where an early trial would most desirable if not essential.
Mr Paul Gallagher SC, BTSB, said his client had co operated in relation to discovery would continue to co operate, would totally reject any lion that they had not been cooperating.