Smokers medical records, Agreed to be of key importance
Tobacco companies that are being sued by smokers began their High Court action today to have medical records of these plaintiffs preserved. More than 200 actions are being taken against tobacco companies including Benson and Hedges, Gallagher's, John Player's and P J Carroll's. The tobacco companies are seeking the medical records of three smokers in the High Court application.
It is the preservation of lifelong medical records that is at issue in these preliminary court proceedings. Dermot Gleeson, senior counsel representing Benson and Hedges, said that proceedings on behalf of Mrs Marie Callery, a housewife from Castlepollard in County Westmeath were commenced in December 1998, but his clients have still not received a statement of claim. Mr Gleeson said that they still did not know from what disease Mrs Callery is suffering.
Both sides agree that medical records are of key importance and Mr Gleeson said that the cigarette companies are prepared to undertake and finance the collecting of these records, which they will share with the plaintiff's advisors. Mr Gleeson's client's concerns were that, with the passage of time, such records might be lost, destroyed and become more difficult to assemble. Mr Gleeson said that justice would be served by steps being taken to preserve the documents. Three such cases are before the High Court today.
The solicitor for the plaintiff Mr Peter McDonnell said, on affidavit, that all necessary steps have been taken in order to preserve medical records and documents. He claims that the application by the tobacco companies is effectively a back door method of trying to obtain discovery of documents at a premature stage in the proceedings.
The case continues.
