Victims of blood contamination paid €5 million in 2020 

There are ten categories of people who are entitled to claim under the Tribunal, including a person who has been diagnosed positive for Hepatitis C or HIV arising from receiving a blood transfusion or blood product within the State.

The tribunal set up to compensate people infected by contaminated blood transfusions or blood products paid out over €5 million in 2020, as it still processes claims 25 years since it was first established.

The Hepatitis C and HIV Compensation Tribunal paid awards in 38 cases in that year, with approximately 377 initial claims still awaiting hearing.

In total, it has paid out over €750m in compensation since its first award in 1996.

The Tribunal was set up by the government in 1995. There are ten categories of people who are entitled to claim under the Tribunal, including a person who has been diagnosed positive for Hepatitis C or HIV arising from receiving a blood transfusion or blood product within the State.

It is also open to children or any spouse of such a person who have themselves been diagnosed positive for Hepatitis C or HIV.

4,977 total claims

In 2020, six new claims were submitted making a total of 4,977 total claims made since the scheme first began.

The Tribunal was forced to conduct remote hearings throughout most of 2020 due to Covid-19 restrictions. Hearings usually take place in Dublin but are held in Cork “from time to time” in response to requests from claimants in the Munster area.

It paid a total of €5,828,690 in 2020 in respect of awards in 38 cases. There were a further four payments totalling €1,765,480 in respect of appeals to the High Court.

There were a further 35 awards made by the Tribunal to the sum of €6,479,207 in 2020, with the average being €185,120. The awards ranged from €44,443 to €781,782.

Interim payments are made in situations where a person cannot present their claim in full, such as when they are undergoing treatment for Hepatitis C or HIV and a final prognosis is not immediately available. Three interim payments totalling €260,000 were made in 2020.

The Tribunal said that it allows claimants to make further claims in future on the possibility they suffer serious consequences as a result of having Hepatitis C or HIV.

Compensation awards such as those given by this Tribunal are disregarded when assessing a person’s income for social welfare claims.

In response to a parliamentary question for how long the Tribunal will run, Minister for Health Stephen Donnelly said in 2020: “The Hepatitis C and HIV Compensation Tribunal will continue in existence until the last person infected with Hepatitis C dies and any claim lodged by their dependents is heard.” 

€186 million legal costs

In 2020, the sum of €2,702,948 was paid in legal costs in respect of 37 Tribunal awards. Since the Tribunal was first established, €186 million has been spent on legal costs.

Between awards, high court appeal payments, reparation fund payments and legal costs, the Hepatitis C and HIV Compensation Tribunal has cost the State just under €1.2 billion.

In its annual report, the Tribunal said it is “anxious that all those who might be entitled to apply for compensation are aware of its exisence and how to apply”.

“The Tribunal is actively engaged in encouraging claimants to bring on their claims before it and the Tribunal continues to be able to assign a hearing date without delay to any claim for which full supporting documentation has been lodged,” it added.