DPP: Transfusion board expert aware of blood product risks in 1977

THE DPP has contemporary evidence from witnesses and documents indicating that the former Principal Biochemist in the Blood Transfusion Service Board, Cecily Cunningham, was aware of a risk of infected anti-D blood product from 1977 and had inadequately responded to that risk, the High Court was told yesterday.

There was “prima facie evidence” that Ms Cunningham had expertise in relation to blood products and the risk of infection, Mr Shane Murphy SC, for the DPP, said.

There was evidence Ms Cunningham was not, as she was arguing in her action to stop her trial, a peripheral player or “a casual onlooker”, but was actively involved in the process that had “given rise to these harmful events”.

“This is not a formless case, it has a focus and that is on the role of Ms Cunningham,” he told Mr Justice Liam McKechnie.

The DPP would also rely on evidence from several experts as to what should have been, but was not done, in relation to the problem of anti-D infection at the relevant times, counsel said.

It would be contended that the BTSB should have investigated cases of infection and that the relevant blood products should have been withdrawn immediately if a donor was suspected of having jaundice or to have received multiple blood transfusions.

The DPP would also contend that it was Ms Cunningham’s role to be aware of developments relating to the manufacture of blood products and the risk of infection, and there was evidence she had acknowledged that role.

If there had been an investigation in 1976/1977 after doctors expressed concerns about haemoglobic reactions in women patients who had received anti-D product from the BTSB, “some of the cases might have been prevented”.

Mr Murphy is opposing an application by Ms Cunningham, of Hollybank Road, Clontarf, Dublin, for an order halting her trial in relation to the infection of seven women with Hepatitis C from contaminated blood products on dates in 1977, 1991 and 1992.

The only other person charged in connection with the Hepatitis C saga was Dr Terry Walsh, formerly assistant national director with the BTSB, who has since died.

The case resumes on Tuesday.