Martin urged to drop appeal against hepC ruling

HEALTH Minister Micheál Martin has been urged to withdraw a Government appeal against a High Court judgment which could allow hepatitis C victims secure more compensation.

The Government has formally lodged an appeal in the Supreme Court in relation to compensation cases for people infected with hepatitis C through contaminated blood and blood products.

The original ruling meant as many as 800 people who received contaminated blood products would be able to seek additional damages in the courts.

This was on top of money they received from the State.

But the decision to appeal the judgment has sparked fury among opposition parties and support groups, who described the move as an insult to long-suffering victims.

Rosemary Daly of the Irish Haemophilia Society yesterday said members were deeply disappointed by the Minister's move.

"There are human beings affected by this," she said.

"People's expectations were raised and now their emotions are being messed around.

"From the Government's point of view, this appeal is all about money it can't be about anything else."

The High Court ruled on July 31 that all applicants to the Hepatitis C Compensation Tribunal had the right to appeal awards to the courts.

The State had argued that many potential appeals were time-barred, but this technical defence had been dismissed by the High Court judgment.

Labour's Liz McManus said the Minister's action had been another unwelcome obstacle in the path to justice for many people infected by contaminated blood products.

"The Minister should withdraw this appeal immediately and stop hiding behind technical legal devices in the courts," she said.

"The right of appeal, especially for people in such tragic circumstances, is an important protection which the Minister is clearly trying to undermine."

There are between 700 and 800 people who had their cases heard by the hepatitis C tribunal between November 1, 1997, and April 22, 1999, affected by the decision.

Ms Daly said the Government's actions showed victims were not being treated in a fair or equitable way, as was originally envisaged when a compensation tribunal was established.

"It means that if two brothers were haemophilia sufferers and infected with hepatitis C, it's possible that one would have a right to appeal their award and the other wouldn't, depending on when their cases were heard by the hepatitis C tribunal," she said.

She said many sufferers needed the extra money because of ongoing health needs and the cost of being unemployed due to their health problems.