The Hepatitis C Compensation Tribunal Act of 1995 set up a scheme to compensate persons infected with Hepatitis C resulting from the administration of Human Immunoglobulin Anti-D or the receipt of blood transfusions within the Republic of Ireland. The Hepatitis C Compensation Tribunal Amendment Act of 2002 provided for similar compensation for persons infected with HIV resulting from the receipt of contaminated blood product.
Individuals eligible for compensation are persons infected with Hepatitis C or HIV or whose infection was a significant contributory factor to the cause of death; their spouses; children; carers; and any dependant of such person at the time of death.
Claims may be made with respect to:
- General Damages: for pain and suffering, personal injury, loss or diminution of expectation of life or happiness which an infected person suffered during their lifetime. Upon death, this award may be divided among the dependants as the Tribunal feels is just.
- Financial Loss: compensation with respect to any loss or expenses incurred or will be incurred as a result of providing care to the infected person.
- Solatium: a capped award of €35,000 to be divided among dependants in respect of any grief and distress suffered as a result of the death of the deceased.
- Loss of Society: based on the loss of care, companionship and affection of the deceased as a result of death.
- Post-Traumatic Stress Disorder: distress and nervous shock in the dependant as a result of the death of the deceased.
Lavelle Solicitors has represented and secured awards for a number of clients and dependants in their applications for compensation under the scheme. Applications must be brought on an individual basis. Persons infected may bring claims as necessary during their lifetime with respect to compensation for damages and care afforded.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.