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

Marc MacSharry: There is no such thing as class actions in this country so is it the case that they are all individual cases?

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

Marc MacSharry: Is the same legal team on the side of the plaintiffs?

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

Marc MacSharry: How much has it cost the State so far?

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

Marc MacSharry: The one I am interested in asking about is Pandemrix and narcolepsy. I want to put a couple of things on record to give context. On 19 May 2009, Dr. Brendan Corcoran, on behalf of the State, signed a contract for the provision of Pandemrix. In October or November 2009, the State distributed leaflets to patients and a different one to health professionals which claimed that Pandemrix was as...

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

Marc MacSharry: Funnily enough, I note that that order for discovery was given in November 2016 and was most recently missed this week. Is it the Department of Health or the State Claims Agency or who is in charge of the management of our reply as a State, bearing in mind everything I have just put on the record concerning the State's position? I will read out again what the then Minister, now Senator...

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

Marc MacSharry: Would I be right in saying the cost of the defence of discovery, in other words, our side of that, would be about €2.1 million?

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

Marc MacSharry: It would not be less than that anyway. Mr. Breen could send us the figure, could he not?

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

Marc MacSharry: So far.

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

Marc MacSharry: I know that, but Mr. Breen could tell us what has been spent so far, could he not?

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

Marc MacSharry: If the Ministers' and the State's position, true to their word, is backed up by Dr. O'Flanagan in terms of the 13-fold higher risk, it would seem to me, without having any medical or legal knowledge, that the common-sense approach would be for us to mediate these 80 cases. Then, fine, there might be somebody who is being too greedy based on his or her illness or whatever and is looking for...

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

Marc MacSharry: There is nothing to stop the State Claims Agency, though. I know how this works. Unfortunately, I have been through the courts on commercial and domestic matters and so on so I know what can happen. Is it the Chief State Solicitor or are we using a firm?

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

Marc MacSharry: What is the firm in this case?

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

Marc MacSharry: Hayes again. Hayes lifts the phone to Marc MacSharry solicitors or whoever it is on the other side and asks, "Can we do business, can we mediate, can we talk, can we save the State €2 million and your clients money for their distress?"

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

Marc MacSharry: Equally, I put it to Mr. Breen that he is assuming that there is not. Surely if we mediated this and had a chat about it, we would know pretty quickly whether they are going to proceed to court and proceedings and trial-----

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

Marc MacSharry: This is the issue. It is up to the plaintiffs to prove the case.

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

Marc MacSharry: What was the Minister talking about, then, when he said the following?This report is a start in understanding the association [the established association, as found by Dr. Darina O'Flanagan, the then director of the Health Protection Surveillance Agency, now retired] between the vaccine and narcolepsy. However, our main focus is on the people affected and their families. What he should have...

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

Marc MacSharry: Of the 80 people who Mr. Breen says are taking cases, then, available to each of the families concerned are various financial supports by way of the cost of a flat if they are in NUI Galway or-----

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

Marc MacSharry: Like what? Will Mr. Breen give me a list?

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

Marc MacSharry: What if there is a link between narcolepsy and the vaccine, as Dr. Darina O'Flanagan, not I, says? It seems to accord with Swedish and Finnish reports because that is where the same vaccine was used. We know it was not clinically tested and that it was not the same as the regular flu vaccine, even though it was stated otherwise in a leaflet. The State also indemnified the company so it had...

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

Marc MacSharry: What does "temporal link" mean?

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