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Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: And in the case of Portlaoise, the Minister had the report-----

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: They would be non-statutory. In the cases of Savita Halappanavar and Portlaoise, the Minister set up the inquiries under a specific section of legislation. They had a statutory basis. I am not diminishing it, but Mr. Breen is talking about an in-house thing. Would there be many of them?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: What is the ballpark figure? Is it ten or 100?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Would you know why the HSE would involve the agency? It sounds like a good thing that somebody would, but why would the HSE be going there?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Mr. McCallion would be aware there would be cases with the State Claims Agency at the same time?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: That is fine. The HSE is not doing it solely because there was a case-----

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Inevitably it would always be-----

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: I was just trying to establish whether it is a handful of cases or if there are hundreds. Mr. McCallion said a couple of dozen.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: A couple of dozen?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Small numbers but they are significant.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: That is fine. If there has been a public settlement, Mr. McCallion should have no problem answering this. What has been the largest case in terms of monetary settlement to date?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Was that announced in court? Is that public?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: What was it?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: I have a different question, and maybe Mr. Breen cannot answer it. In a case of a person like that, would he or she in some cases end up a ward of the court?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: We are not going to open that box this evening. I recently encountered a case where the family was arguing. There was a case ongoing, it was before the court and it was obviously a serious case. Even their own legal adviser said there was an application for ward of court. The family members, who were the people closest to the individual, were not happy, but the HSE and the legal team were...

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Mr. Breen and I do not need to go there, but we have had many discussions at this committee about management of funds of a ward of court and the Committee on Justice and Equality has done a separate report on that. Are most of the agency's big cases ultimately being paid into the accountant of the ward of court fund, or whatever you call it?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Will Mr. Breen give us information on that? The agency knows to whom it pays this money and, if it is paying it into the court, will Mr. Breen send the committee some notes as to the value of cases? There is going to be a Dáil debate on this issue on the sums being managed by the ward of court and it would be interesting to know from the State Claims Agency in how many cases there have...

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: I will ask Mr. McCarthy.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: And the number of cases.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Seán Fleming: Mr. Breen does not need to say one case was €19 million and another was €7 million.

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