Peadar Tóibín (Meath West, Aontú)
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1576. To ask the Minister for Health the number of claims notified to the State Claims Agency which relate to the alleged misreading of smear tests by CervicalCheck since 2018; and if a year by year or month by month breakdown can be provided in tabular form. [1007/22]

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 contained below was extracted from the National Incident Management System (NIMS) and is accurate as of 31/12/2021.

Since 2018, 336 claims have been received regarding the alleged misreading of smear tests. Note, that a further 4 claims were received prior to 2018. 

Table 1:Number of claims notified to the State Claims Agency which relate to the alleged misreading of smear tests by CervicalCheck since 2018 by claim create year

Peadar Tóibín (Meath West, Aontú)
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1577. To ask the Minister for Health the number of claims notified to the CervicalCheck Tribunal since its establishment; the closing date by which claims can be made; and if he will make a statement on the matter. [1008/22]

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 notified my Department that it has received ten claims to date. This figure includes two claims that were consolidated. The claims received are a combination of new claims i.e. claims that were not the subject of proceedings before the High Court, and claims transferred from the High Court.

The CervicalCheck Tribunal (Amendment) Act 2021, extended the closing date for receipt of claims by the Tribunal to 26 January 2022, and provides that I as Minister for Health may further extend the deadline up to a date not later than 26 July 2022.

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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1578. To ask the Minister for Health the number of claims notified to the State Claims Agency which relate to the Health (Regulation of Termination of Pregnancy) Act 2018 in each month since the enactment of the legislation; the nature of the claims notified; the stages each claim is at in the legal process; the amount the State has spent to date in fighting such cases; and if he will make a statement on the matter. [1009/22]

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 they have received one claim in respect of the Termination of Pregnancy Act 2018 in late 2021 and that this claim is currently under investigation.

Peadar Tóibín (Meath West, Aontú)
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1579. To ask the Minister for Health the number of claims notified to the State Claims Agency which relate to persons who died of Covid-19 after contracting the illness in a hospital setting. [1010/22]

Peadar Tóibín (Meath West, Aontú)
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1580. To ask the Minister for Health the number of claims notified to the State Claims Agency which relate to persons who died of Covid-19 after contracting the illness in a nursing home or other residential care facility. [1011/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 1580 and 1579 together.

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 contained below was extracted from the National Incident Management System (NIMS) according to the below criteria:

- The explicit reference to ”hospitals” is interpreted as all claims notified to the SCA against the HSE which relate to incidents occurring in an acute hospital setting.

- The explicit reference to “residential care” or “nursing homes” is interpreted as all claims notified to the SCA against the HSE which relate to incidents occurring within a nursing home or a community health organisation location/unit.

The number of claims currently being taken against the HSE, notified to the SCA, which arise from the death of a family member as a result of contracting Covid-19 in hospital setting is 1.

The number of claims currently being taken against the HSE, notified to the SCA, which arise from the death of a family member as a result of contracting Covid-19 in a Nursing Home or healthcare facility setting is 31.