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The family of a Cork woman infected with hepatitis C through
contaminated blood has accused the Minister for Health, Mr Martin, of
delaying "signing off" on an agreed compensation deal for her because
she is at risk of imminent death. Ms Sylvia O'Leary (32),
a mother of two, from Ballincollig, Co Cork, has been waiting for
Government approval for the compensation package, understood to be in
the order of €1 million, whilst undergoing life-saving medical treatment
at Cork University Hospital.
Her husband, Mr Des O'Leary, said Mr Martin and his officials were
"playing a game of poker" with her life on the basis that "if something
happens to her they can walk away" without paying.
A spokeswoman for the Minister rejected the accusations, saying:
"There is no question of us reneging or unravelling the agreement. We
anticipate it will be dealt with by close of business \."
The spokeswoman said the two parties only reached the agreement last
Wednesday and "it was always going to take a number of days to work out
the detail".
The family denies this, however, saying the agreement was reached on
December 2nd last after protracted negotiations. Ms Melissa Gowan, the
family's solicitor, said they had then been told the agreement would be
"rubber-stamped" by the Ministers for Health and Finance within 24 or 48
hours. She said she had received similar assurances up to early
yesterday, when she was told it would take another week or two before
the agreement could be finalised.
Ms O'Leary has been placed on a life-support machine after suffering
severe liver and kidney failure. Doctors are attempting to stabilise her
so that she will be fit to travel to the UK for a liver transplant, the
third she would have to undergo.
In an urgent letter to the Minister yesterday, Ms Gowan said: "We
have been told that she [Ms O'Leary] may only have hours to live. The
O'Learys believe that you are gambling on her not surviving so that you
can attempt to resile again from the agreement reached between us."
Demanding a response from Mr Martin by close of business yesterday,
Ms Gowan added: "May we take it that you have deliberately decided to
allow Mrs O'Leary to die without giving her the comfort of knowing that
her family will be provided for after her death."
Speaking to The Irish Times last night, Ms Gowan said the suggestion
that the deal would be finalised today had only emerged after she had
spoken to the media about the case.
She added: "I'll believe it when I see it. The bottom line is we do
not have a settlement until it has been signed off by the Ministers."
Mr Martin's spokeswoman noted that the deal had to be cleared through
the Department of Finance, adding that a "substantial amount" was
involved.
The claim had to be processed outside of the scope of the hepatitis C
compensation tribunal due to the fact that Ms O'Leary was only informed
of her positive status for the virus in April 2001, after the closing
date for claims to the statutory inquiry.
Ms O'Leary was infected with hepatitis C through contaminated blood
received during a liver transplant in 1991 at King's College, London, to
which she was sent due to the absence of such transplant facilities in
the State at that time. She had to undergo a second such transplant at
the hospital last March.
Mr O'Leary said the infection had put a huge financial strain on the
family.
"We have been carrying this ourselves the whole time. We were waiting
on home help, waiting on nursing help, waiting for a stair lift.
Everything was promised but nothing ever came. I have to carry her up
and down the stairs," he said. "We have just been looking for the same
as everyone else who got infected."
Ms Gowan said it was unfortunate the family had been forced to go
public in order to progress the case. She added the case was reminiscent
of, if not "more serious" than, that of Ms Brigid McCole, the Donegal
mother who died in October 1996, a day after a settlement was reached in
her legal action over hepatitis C infection.
© The Irish Times
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