Day 187 of The Tribunal
TRIBUNAL OF INQUIRY Wednesday 14th November 2001 Day 187 Mr. John Finlay S.C. for the Tribunal made the closing submissions for Counsel for the Tribunal. Mr. Finlay said that while he offered the observations of the Tribunal’s Counsel, he did so in the knowledge that it was for the Tribunal Chairperson to report to the Oireachtas on the matters specified in the Terms of Reference, and to decide what issues are relevant in doing so. He put forward the observations of the Tribunal’s counsel as a possible framework for the parties to examine the matters which had been heard in the previous 186 days of evidence. Mr. Finlay noted that the Virus Reference Laboratory had given evidence through Mr. Seamus Dooley, that their records indicated a total number of 104 persons with haemophilia had been found to be positive when tested for HIV antibodies. Seven of the 104 persons infected with HIV were persons with haemophilia B. The Tribunal heard evidence that the likely source of infection of those persons was factor IX fractionated by the BTSB, and in particular batch numbers 90633 and 90753, neither of which had been subjected to heat treatment. The Tribunal examined the issue of late factor VIII HIV seroconversion by way of Armour, Factorate Batch A28306. The Tribunal heard that 217 persons with haemophilia had tested positive for Hepatitis C. This was the figure presented to the Tribunal by the Virus Reference Laboratory, and as other bodies were conducting hepatitis C tests it is likely that there are some more persons with haemophilia who were infected with Hepatitis C, whose samples were not tested by the VRL. It was therefore stated that this was a minimum number of people who had been so infected. The Tribunal examined the issues of BTSB factor IX Batch No. 9885, which was identified by Dr. Emer Lawlor as the probable source of infection with Hepatitis C of an adult patient given the pseudonym Luke, and the three children given the pseudonyms, Henry, Gordon and Joseph. Mr. Finlay made submissions on BTSB factor IX; BTSB Armour factor IX; Hepatitis B core testing; the late Mr. John Barry; the role of the National Haemophilia Treatment Centre; factor VIII Hepatitis C infections; the infection of persons born after January 1st 1985 with Hepatitis C; the issue of counselling; the I.H.S. role in the matters under investigation; and the role of the Minister and the Department of Health. Mr. Finlay made a number of other submissions on a large number of issues examined during the course of the Tribunal.
