Written answers

Tuesday, 15 May 2018

Department of Health

State Claims Agency

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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330. To ask the Minister for Health if he will instruct the State Claims Agency to take a similar approach to cases involving damage by a drug (details supplied) [20793/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I cannot comment on individual cases or matters that are the subject of litigation but can provide background information on this litigation and clarify matters that are already in the public domain.

As of 9 May 2018, legal proceedings against the Minister, the Health Services Executive and GlaxoSmithKline Biological SA have been initiated by seventy individuals. The plaintiffs allege personal injury in which they claim the development of narcolepsy resulted from the administration of the H1N1 pandemic vaccine. The management of the cases transferred to the State Claims Agency (SCA) on 15 October 2013 when the Taoiseach signed the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013.

I have been informed by the Agency that the cases are before the courts in relation to the management of discovery in the lead case. It would not be appropriate for a Minister to interfere in the courts case management of these claims which are delegated to the SCA for management.

With regard to the broader issue, I am continuing to engage with the Minister for Justice and the Minister for Finance on what further improvements can be made to the legal framework governing the management of medical negligence cases.


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