Marian Harkin (Sligo-Leitrim, Independent)
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1267. To ask the Minister for Health the implications of a recent High Court case (details supplied) on other persons that are similarly affected. [21863/20]

Stephen Donnelly (Wicklow, Fianna Fail)
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The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. The management of cases taken by persons who allege they developed Narcolepsy and/or Cataplexy as a result of receiving the H1N1 vaccine, Pandemrix, is delegated to SCA and, as such, the Government has no role in determining how these cases are conducted.

I am advised by SCA that the Bennett case was settled on a “without prejudice” basis. Consequently, I am not in a position to comment on these terms of settlement or their implications for other cases. I am also advised by SCA that a second case is currently being case managed by a Judge of the High Court and scheduled for hearing in November. The outcome of this case, I am advised, will most likely influence the outcomes in the other cases .

An Expert Group was established in June 2018, chaired by Mr Justice Charles Meenan, to examine the law in relation to personal injuries arising in the healthcare context and to explore alternative mechanisms by which claims could be managed more effectively, particularly from the perspective of the person on whose behalf a claim has been made.

Judge Meenan submitted the Final Report of the Expert Group to the Minister for Health and the Minister for Justice and Equality earlier this year. All recommendations of the Group are currently being considered by both Departments, with a view to bringing a joint Memo to Government, for its consideration, as soon as possible.