Written answers
Tuesday, 11 May 2021
Department of Health
Cancer Services
Peadar Tóibín (Meath West, Aontú)
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748. To ask the Minister for Health the number of cases currently before the CervicalCheck Tribunal. [23984/21]
Stephen Donnelly (Wicklow, Fianna Fail)
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The CervicalCheck Tribunal was established on 27 October 2020 under the CervicalCheck Tribunal Act 2019. Establishment of the Tribunal was finalised with the appointment of the nominated members to the Tribunal with effect from 1 December 2020.
The Tribunal has indicated to my Department that it has received three claims as at close of business on 7 May 2021. No claims have yet been heard by the Tribunal; but it is anticipated that the Tribunal will be able to facilitate early hearing dates once all parties are ready.
The Tribunal is the most appropriate venue to hear and determine CervicalCheck claims. It has been specifically designed for that purpose. It is, of course, entirely up to eligible women as to whether or not they use it.
Peadar Tóibín (Meath West, Aontú)
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749. To ask the Minister for Health the number of legal proceedings initiated by persons that identify themselves as persons allegedly affected by the CervicalCheck scandal in each of the past five years and to date in 2021; the number of cases currently before the courts; the number of cases currently settled; and the number of cases which have not yet reached the courts. [23985/21]
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. I have been informed by the SCA that the information below has been extracted from the National Incident Management System (NIMS).
Criteria used
Overall Criteria
Claims received between 01/01/2016 to 06/05/2021 in relation to the Cervical Check issue
Question 2
- Proceedings are Issued and
- Claims have not yet Concluded
Question 3
- Claim is Concluded
Question 4
- Proceedings are not Issued and
- Claims have not yet Concluded
This is correct as of 06/05/2021.
Question 1: Cervical Cancer NSS claims created between 2016 & 2021
Claim Received Year | Number of claims |
---|---|
2016 | 2 |
2017 | 1 |
2018 | 86 |
2019 | 52 |
2020 | 95 |
2021 YTD | 51 |
Grand Total | 287 |
Table 1: Claims received between 2016 & 2021 to date under the Cervical Cancer NSS mass action
Question 2: Cases currently before the courts
The number of cases where legal proceedings have issued is185.
Question 3: Cases currently settled
The number of cases currently concluded is32of which 25 were settled, 1 had a court award, 5 were intimated but not pursued and 1 was discontinued.
Question 4: Case which have not yet reached the courts
The number of claims received by the State Claims Agency where legal proceedings have not issued is70.
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