Written answers
Tuesday, 6 October 2020
Department of Health
Medical Treatment Complaints
Jackie Cahill (Tipperary, Fianna Fail)
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747. To ask the Minister for Health the reason the first narcolepsy case related to a claimed bad batch of the swine flu vaccine to go to trial was not settled before an estimated €10 million was spent on the case approximately three weeks after going to trial; and if he will make a statement on the matter. [28773/20]
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 understand that it is the Agency’s preference to resolve claims using mediation where possible.
Separately, an Expert Group was established by the Government 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. A report from this Expert Group was received by the Minister for Health and the Minister for Justice earlier this year, and I am considering how best to act on this report - I intend to bring forward a number of reforms that are recommended.
Jackie Cahill (Tipperary, Fianna Fail)
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748. To ask the Minister for Health the reason over 90 cases have been taken by individuals who claim they have developed narcolepsy as a result of a faulty batch of the swine flu vaccine are being taken to trial instead of mediation; and if he will make a statement on the matter. [28774/20]
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 understand that it is the Agency’s preference to resolve claims using mediation where possible, and that that has been offered in these cases.
Separately, an Expert Group was established by the Government 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. A report from this Expert Group was received by the Minister for Health and the Minister for Justice earlier this year, and I am considering how best to act on this report - I intend to bring forward a number of reforms that are recommended.
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