Supreme Court upholds Hep C appeal by Government

The Supreme Court has unanimously upheld an appeal by the Government and the Hepatitis C compensation tribunal against a High Court decision to allow a man who accepted payment from the tribunal to appeal the award.

The outcome of the test case will be a major blow to other Hepatitis C victims who have accepted compensation awards from the tribunal, which has paid out some €290 million to date. They will not now be entitled to go to the High Court with a view to seeking higher awards.

The man had contracted Hepatitis C from infected blood products.The tribunal determined in late 1997 that he was entitled to £250,000 compensation, less £125,000 as a result of his co-infection with HIV, leaving a total of £125,000.

In the High Court last July, Mr Justice O'Neill ruled that the man's acceptance of an award from the tribunal did not exclude an appeal against that award to the High Court.

The Minister for Health and Children and the Hepatitis C tribunal appealed the High Court decision to the Supreme Court.

The appeal was lodged on a number of grounds, including those relating to the time limit for appealing decisions from the tribunal. They argued that the High Court failed to recognise that there was a legal statutory time limit of one month for the bringing of appeals against awards.

The appeal concluded in January and the five-judge Supreme Court reserved its decision.

Presiding judge Mrs Justice Denham, in upholding the appeals today, said she was satisfied that the time limit was legally binding under the Hepatitis Compensation Tribunal Act, 1997.

Mrs Justice McGuinness said she was "convinced" that once the claimant has accepted the award he cannot appeal against it.