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

Seán Fleming: The HSE's financial statement provides the estimated cost.

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

Seán Fleming: It is in both bodies' financial statements.

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

Seán Fleming: Surely the note should be reasonably-----

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

Seán Fleming: In other words, how is the SCA going to produce well-founded figures to satisfy the Comptroller and Auditor General for 31 December, though he might not audit this figure in detail? Does it have a procedure in place for that?

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

Seán Fleming: Without compromising the approach, can Mr. Breen outline the general procedure? The SCA must work on the basis of the cases settled so far, or the estimates. Presumably that is the first step.

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

Seán Fleming: Will the Department and the HSE provide a detailed note on the matter, not just a note stating that it happened and that X was responsible for it. The ladies and gentlemen seated behind Mr. McCallion are from the State Claims Agency. It takes ten years to work through many of its cases. In cases involving catastrophic injury at birth children are often nine or ten years old by the time...

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

Seán Fleming: I want to let Deputy Catherine Murphy in before the break, in order to finish-----

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

Seán Fleming: No, I did not say that. I will give the Deputy five more minutes.

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

Seán Fleming: It will be 1 o'clock before we finish.

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

Seán Fleming: The Deputy will be able to contribute.

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

Seán Fleming: We will finish a little after 1 p.m.

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

Seán Fleming: The Deputy has run out of time.

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

Seán Fleming: Absolutely.

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

Seán Fleming: There is a vótáil in the Dáil Chamber.

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

Seán Fleming: Before we leave, we asked the officials from the Department of Health to provide the committee with certain documents. They have indicated they will check over lunch and liaise with us.

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

Seán Fleming: We will resume our discussion with the State Claims Agency and officials from the HSE and the Department of Health. Deputy Catherine Murphy was speaking before the break.

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

Seán Fleming: Mr. Breen might take the public through it. When he stated only 3% are the result of court proceedings, the public probably felt the 97% were not involved in legal proceedings. What Mr. Breen meant by the 3% are those who contested to a trial in front of a judge but I ask him to take it from the beginning. Can somebody submit a case to the State Claims Agency for compensation in respect of...

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

Seán Fleming: Would 99% of them be so?

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

Seán Fleming: The idea I want to impart to the public, in case there is a wrong impression going out that 97% of cases do not involve court proceedings, is that 100% involve essentially the employment of a solicitor to start a legal process. Can Mr. Breen break this down for us? Given that 100% start with legal representation and only 3% end up in court, can he explain where the other ones are dealt...

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

Seán Fleming: For the benefit of the public, will Mr. Breen give us a detailed note on the step by step process? A person who has had an adverse finding has to obtain the goodwill of a solicitor who will take on the case on a no foal no fee basis. An ordinary person cannot take on the State; he or she has to ask a solicitor to do it. I am looking at the position from the perspective of the person making...

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