State should be obliged to tell the truth as core democratic principle

In the early 1990s, Bridget McCole contracted Hepatitis C from an infected blood transfusion, writes Fergus Finlay.  

State should be obliged to tell the truth as core democratic principle

She was ultimately offered compensation, but refused it and took the State to the Courts, because she wanted to know the truth of what happened. She wanted to know how the contamination had got into the blood she was given, and whether or not the “system” had been reckless or negligent in giving her that blood.

She died before she knew the truth. In the course of her legal action, the Blood Transfusion Service Board (BTSB) made a lodgement to the Court. A lodgement is a sum of money (the amount is known to the plaintiff but not to the Court) that sends a message to the plaintiff in a case. A simple, brutal message: If you are awarded more than this sum, you will get your costs. But even if you win, and you’re awarded less than the lodgement, you will be liable for all the costs of the case. It’s a device that’s often used to persuade people — in this case a dying woman who only wanted the truth — to settle their action before it is heard.

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