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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Swine flu vaccine legal cases

Summary

Deputy Kenny raised concern about the swine flu vaccine and a court settlement, asking that no harmful precedent be set for other claimants. The Tánaiste said the State seeks non-adversarial settlements only where blame is accepted and would ask the Health Minister to reply in detail.

I wish to raise the issue of the swine flu vaccine and the case in the courts yesterday. I received an email from a young woman in my constituency yesterday in respect of this. She explained what is happening very well. She stated that the Minister for Health and the HSE settled a landmark case in which one lady, Aoife Bennett, sued both the State and the HSE, and both bodies have now accepted responsibility in respect of this. Ms Bennett has developed a lifelong condition. My constituent stated that she has also been diagnosed with the same condition as a direct result of receiving the vaccine. She stated it is a lifelong condition and that it is debilitating. She claims that she, too, plans to sue the State as she was told by solicitors that each case must be taken individually. She believes this is a travesty. She stated this one case alone has cost the taxpayer millions of euro and that the authorities are now willing to go through with 100 more cases of the very same nature. Can the Tánaiste assure me, on behalf of the 100 people, that he will not let them through the court in respect of this, find a mechanism to deal with them efficiently and effectively and ensure they are adequately compensated? I understand this is a legal-----

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Time is up.

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-----but I believe we need to ensure that we do not set a precedent here, as happened in other circumstances.

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Simon Coveney The Tánaiste Fine Gael

This, of course, does involve quite a number of potential legal cases so I need to be careful about what I say. The State's approach to cases like this and others is to try to resolve them outside the court setting in a non-adversarial way, but there has to be acceptance of blame.

I expect that there will be an effort to try to resolve genuine cases outside of court. I will get the Minister for Health to come back to Deputy Kenny with a more detailed response as I do not know any more than the Deputy.

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