More hep C donors to sue as IBTS apologises

THE number of donors suing the blood board for delays in telling them they had hepatitis C is set to rise following the Irish Blood Transfusion Service’s (IBTS) public apology yesterday.

At least three people who tested positive for hep C - but who were not informed for periods ranging from one to 14 months - have already begun legal action.

Transfusion Positive, a support group for people who contracted hep C through blood or blood product transfusion, said more of its members were considering suing the IBTS.

Positive Action, a support group for women who contracted Hepatitis C from contaminated Anti-D immunoglobulin, said they would be advising members to take legal advice “to decide what’s best for them”. Chairperson Paula Kealy said they would be urging members to give careful consideration to the Kubanek report, which is highly critical of the approach by the Cork centre of the IBTS in notifying donors.

Prof Bernhard Kubanek, the German author of the IBTS-commissioned report said: “In conclusion, the delayed notification and counselling of donors as well as the delay and lack of information to donors was misconceived and inadequate.” He said it was still “not clear to me” why the delays occurred despite discussing the matter with the IBTS regional director in Munster, Dr Joan Power.

A total of 34 donors who made donations between 1991 and 1994 were affected and they were all located in Munster.

Yesterday the IBTS publicly apologised for the first time for “the pain and suffering” it had caused for failing to notify donors as soon as test results were known “and for this the board is deeply sorry”.

Chairperson of Transfusion Positive, Maura Long, was critical of the eight year wait for an apology, given the issue of a delay in notifying donors was raised as far back as 1996.

“The first time the delay in notification was raised was at the Finlay Tribunal in 1996. We had to wait until 2005 before getting an apology.”

She stressed the group “acknowledged” rather than accepted the apology, saying it was down to the 34 affected donors to decide whether to accept or reject it. She said they welcomed the Kubanek report which had led to the apology. Ms Kealy said it was “a good day for the donors and their families.”

It remains to be seen if Health Minister and Tánaiste Mary Harney will press ahead with plans for a statutory committee to investigate the delay in notification. She said she awaited the views of the support groups “before considering the situation further”.

She also welcomed the IBTS apology. The report will be sent to each of the 34 donors this week along with a letter of apology. The board said it hoped “this sincere apology will help bring closure to this particular issue for the donors concerned.”

Earlier this year, a man who contracted hep C at birth settled his action against the IBTS and the State for €2m. Contaminated Anti-D blood product was administered to his mother at the time of his birth.

Hep C timeline

1994: Blood Transfusion Service Board (BTSB) announces contaminated anti-D was given to pregnant women and may have infected some with the then unknown virus hepatitis C.

1995: Department of Health report criticises BTSB’s handling of the issue.

1996: The Compensation Tribunal for people infected awards €317,000 on first day.

1997: The Finlay Tribunal finds senior people in IBTS were in serious neglect of duties.

2002: Donors who received contaminated blood products discover there was a delay in informing them.

2003: Two former BTSB senior officials charged with allowing contaminated anti-D blood products to be given to seven women between 1977- 1992.

2005: Government says it is to set up a statutory committee to examine how more than two dozen patients who tested positive for hep C were not told for several years.

2005: Independent report finds there was a delay 1-14 month delay in notifying 34 donors.

August 2005: IBTS apologises publicly for the first time.