Thalidomide litigation
Deputies Healy-Rae and Chambers criticised the State Claims Agency's adversarial approach to thalidomide claims. The Taoiseach said he could not comment on individual cases before the courts and noted complications arising from prior compensation paid by the German manufacturer.
Following on from the CervicalCheck scandal, many people in the thalidomide community had hoped their litigation would be completed in a sensitive and timely fashion, rather than through an adversarial court system. It is clear the Minister for Health has instructed his legal team to endeavour to achieve a technical knockout of the thalidomide litigants' entitlement by bringing a spurious legal point. The chairperson of the Irish Thalidomide Association condemns in the strongest possible manner the actions of the Minister with regard to his unwarranted, inappropriate and insensitive approach. The Taoiseach said recently that we need to create a culture of truth in the health service. Where is the culture of truth for these people, many of whom are still waiting to have their cases settled? Why would the Government not take the same sensible and more humane approach that it took in respect of the CervicalCheck scandal and take care of these litigants who deserve justice now?
Comment on this
The Government and the State Claims Agency have said they will have a changed approach with regard to victims, particularly when addressing sensitive cases. However, on the thalidomide issue, the State Claims Agency has been extremely adversarial in the High Court. This issue warrants the attention of the Taoiseach and the relevant Minister. The 2013 offer from the Government did not provide any individual assessment of the damage or disability caused by thalidomide use.
The Government needs to review how the State Claims Agency is dealing with a particular and finite number of people who have a legacy dating back over 40 years. I know that the Taoiseach is aware of the issue and he must be compassionate.
Comment on this
I am not aware of the detail of any individual case before the courts and it would be inappropriate for me to comment on it. What I do know is that people who were victims of thalidomide received compensation from the German manufacturing company that produced it. One of the difficulties that arises is that any compensation that would come from Irish authorities would be placed against the payments given by the German company. That is one of the problems in going to arbitration.