Dáil debates

Thursday, 19 February 2009

3:00 pm

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)

The legal costs of the average catastrophic injury case, such as one involving cerebral palsy, amount to approximately €1 million. This is a particularly relevant issue. From my general practice, I know that vaccination is the most dangerous thing that general practitioners do because of untoward effects, which are rare but possible. Why is it the case that, the higher the award to the patient, the greater the professional fee? It does not make sense. We are paying approximately 56 cent in legal costs for every euro that a plaintiff gets. Under the NHS in the UK, only 43p is paid out on every pound. It is a hell of a difference.

Will the Minister consider a no fault compensation fund for the victims of the childhood vaccination schemes? If a doctor gives a vaccine in good faith, manufacturers produce it in good faith, parents have it administered to their child in good faith and an untoward event occurs, as occurs rarely, the parents will be left mortgaging their house to get justice and care for their child. Everyone is sued, everyone has legal costs, the legal profession has a heyday and the families and professionals who have done no wrong are traumatised. If there is neglect, that process is fair enough, but there is none in most cases. Has the Minister considered a no fault compensation scheme and what are her plans to reduce horrendous legal costs?

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