Mr. Ciarán Breen:

If there was an allegation that that failure to disclose changed the clinical outcome for the particular party, it is clear there would be a liability on the part of the State regarding the clinical outcome as well as on the laboratory. However, one would have to look at the individual case to establish whether, even if there was non-disclosure, which is clearly a breach of duty, that had an effect on the clinical outcome. That can only be got by looking at the evidence in the particular cases.