Hepatitis C Compensation Tribunal Act, 1997
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Claims before Tribunal. |
4.—(1) The following persons may make a claim for compensation to the Tribunal— | |
(a) a person who has been diagnosed positive for Hepatitis C resulting from the use of Human Immunoglobulin Anti-D within the State, | ||
(b) a person who has been diagnosed positive for Hepatitis C as a result of receiving a blood transfusion or blood product within the State, | ||
(c) children or any spouse, of a person referred to in paragraph (a) or a person referred to in paragraph (b), who have been diagnosed positive for Hepatitis C, | ||
(d) any person who is responsible for the care of a person referred to in paragraph (a), (b) or (c), and who has incurred financial loss or expenses as a direct result of providing such care arising from the person being cared for having contracted Hepatitis C, | ||
(e) where a person referred to in paragraph (a), (b) or (c) has died as a result of having contracted Hepatitis C or where Hepatitis C was a significant contributory factor to the cause of death, any dependant of such person, and | ||
(f) a person referred to in section 9 in accordance with that section. | ||
(2) Where a person has received an award from any court or a settlement in respect of an action arising out of any circumstances which could give rise to a claim before the Tribunal, the person shall not be entitled to make a claim to, or be heard by, the Tribunal or receive any settlement under section 8 in respect of those circumstances. | ||
(3) The making of a claim to the Tribunal does not involve the waiver of any other right of action by the claimant. | ||
(4) A claim before the Tribunal may be heard before a sitting of the Tribunal consisting of a chairman (who may be a person other than the Tribunal chairman) and at least one other member of the Tribunal. | ||
(5) An application shall be made to the Tribunal in such form and manner as the Tribunal may determine. | ||
(6) A claimant shall state in any application form whether she or he is applying to the Tribunal to have aggravated or exemplary damages assessed by it or is opting to apply to have an amount paid out of the Fund. | ||
(7) Subject to section 5 (3), a claimant shall not be required to produce to the Tribunal any evidence of negligence on the part of a relevant agency or other person in respect of her or his claim. | ||
(8) A claimant shall, as the case may be, establish to the satisfaction of the Tribunal, on the balance of probabilities, that the Hepatitis C— | ||
(a) in respect of which the claimant has been diagnosed positive resulted from the use of Human Immunoglobulin Anti-D within the State, | ||
(b) in respect of which the claimant has been diagnosed positive resulted from a blood transfusion or a blood product received by the claimant within the State, | ||
(c) was transmitted to the claimant from a person referred to in paragraph (a) or (b) following such use, transfusion or receipt, as the case may be, or | ||
(d) where the claimant is a person referred to in subsection (1)(d) or (e), was contracted in a manner referred to in this subsection by a person being cared for or who has died leaving a dependant. | ||
(9) A claimant may appear in person or be represented by counsel or solicitor before the Tribunal. | ||
(10) Oral evidence may be given to the Tribunal— | ||
(a) by a claimant or her or his medical practitioner or both, or | ||
(b) by any other person with the permission of or at the request of the Tribunal. | ||
(11) A claimant may require— | ||
(a) the attendance of any person to attend at a hearing of the Tribunal to give evidence in relation to the claimant's claim, or | ||
(b) any person to produce to the claimant any document in relation to the claimant's claim. | ||
(12) A claimant may adduce before the Tribunal written medical or other relevant written expert evidence on her or his behalf. | ||
(13) In making a claim for aggravated or exemplary damages, a claimant may rely on the facts found in the Report of the Tribunal of Inquiry into the Blood Transfusion Service Board or any other fact which the claimant establishes to the satisfaction of the Tribunal. | ||
(14) Subject to subsections (15) and (16), a claimant referred to in— | ||
(a) subsection (1)(a), (b) or (c) may only make an application to the Tribunal within the period of 3 years of the date upon which she or he first became aware of the fact that she or he may have been diagnosed positive for Hepatitis C or the establishment day, whichever is the later, | ||
(b) subsection (1)(d) may only make an application to the Tribunal within the period of 3 years of the date upon which she or he first began to incur such financial loss or expenses or the establishment day, whichever is the later, | ||
(c) subsection (1)(e) may only make an application to the Tribunal within the period of 3 years of the date of the death of a person referred to in subsection (l)(a), (b) or (c) or the establishment day, whichever is the later, | ||
(d) subsection (1)(f) may only make an application to the Tribunal within such period as may be prescribed. | ||
(15) The Tribunal may, at its discretion and where it considers there are exceptional circumstances, extend the periods referred to in subsection (14). | ||
(16) The Tribunal shall extend the periods referred to in subsection (14) where it is satisfied a claimant was under a legal disability by reason of being a minor or of unsound mind at the time at which such claim should otherwise have been made and who makes an application to it within 3 years of the cessation of that disability. |