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

Seán Fleming: When Mr. Breen has completed discovery for the layperson, he will send that to the other side and will engage his own experts then to examine what he has discovered to advise him on whether there is a causal effect, etc.

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

Seán Fleming: When does Mr. Breen believe we will be at the end of that process, after discovery and after his experts have given him firm advice on it?

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

Seán Fleming: However, Mr. Breen is saying that he cannot do that today.

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

Seán Fleming: I understand what Deputy MacSharry was saying, but Mr. Breen is saying we have a bit to go yet.

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

Seán Fleming: Mr. Breen might inform this committee, as a matter of courtesy, when he has completed the discovery and passed that milestone. Is he allowed do that?

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

Seán Fleming: It is before the courts.

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

Seán Fleming: Right.

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

Seán Fleming: Mr. Breen mentioned earlier that if he had information about an independent review of a case he is dealing with, he would use the work that was obtained as part of an independent review and that perhaps would prevent him from having to second-guess or redo it. How many of those cases have happened? We have asked who did the independent reviews. I know the Minister for Health can request...

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

Seán Fleming: By the Minister?

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?

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