Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 1028: To ask the Minister for Health the action he proposes to take arising from the case of Patient A who had a breast cancer diagnosis delayed by 18 months, was one of the women in the cancer misdiagnosis scandal to whom former Minister, Mary Harney, apologised, lodged her compensation claim in 2008 and is still waiting for compensation, the State Claims Agency having only lodged its defence in April 2011; if he will examine alternative, more speedy and less costly ways to award compensation in such cases; and if he will examine the adversarial approach of the State Claims Agency; and if he will make a statement on the matter. [24185/11]

James Reilly (Dublin North, Fine Gael)
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Under the National Treasury Management Agency (Amendment) Act, 2000, the management of personal injury and property damage claims against the State and of the underlying risks was delegated to the National Treasury Management Agency (NTMA). When performing these functions, the NTMA is known as the State Claims Agency (SCA). The State Claims Agency therefore deals with actions taken against State agencies, including the HSE, in accordance with the system which has been established. While I appreciate the uncertainty for individuals and their families awaiting closure on their cases through the State Claims Agency, unfortunately the legal process takes time, and I have no role in this process. However, my Department is currently reviewing its overall policy framework in regard to clinical indemnity and a literature review on international models has been commissioned in this regard.