The legal team of the Department of Health and Children has accused the Irish Haemophilia Society of "monstrous" behaviour at the Lindsay Tribunal. Ian Brennan, SC, charged in his closing argument that the naming of a deceased departmental official as being involved in a cover-up was without evidence or foundation.
In 1986, the Blood Transfusion Service was informed that one of its blood products was probably responsible for seven HIV infections amongst haemophiliacs, but what happened afterwards is disputed. Ted Keyes, the former Chief Executive Officer, contended the Board of the blood bank was informed, although the minutes did not record this.
The Irish Haemophilia Society suggested the Board covered-up this fact, including senior departmental official and Board appointee, Gerry McCartney. The Society noted that a no fault settlement with the State was later reached, without Irish blood products being held responsible.
Today Ian Brennan, Senior Counsel for the Department, attacked this construction as being unsupported by the evidence, and called on the Tribunal Chairwoman to vindicate the reputation of Mr McCartney.
He argued that Mr Keyes' evidence could not be relied upon, becuase he first said the Board "was informed", then he said he was "almost certain" they were informed and then further watered down his evidence to say "he suspected" this.
Mr Brennan concluded that the Tribunal should find that the Board was never informed, and he attacked the Haemophilia Society's allegations as monstrous and beyond any reasonable comment. The Chair of the Board at the time, Noel Fox, was never called to give evidence.
At the end of closing submissions, a statement was read into the record from the Minister for Health, Mícheal Martin. He said that he and his Department were deeply sorry that so much suffering had been caused by contaminated blood products.
He said they very much regretted that so many people were infected with HIV and Hepatitis C and it caused such a grievous loss. The Tribunal will resume for a final time tomorrow to consider legal costs.
