DPP drops charges over Hep C scandal - IRELAND

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DPP drops charges over Hep C scandal

By McDonagh and Eilish O'Regan

Saturday December 13 2008

McDonagh and Eilish O'Regan

A CASE against a leading doctor involved in the Hepatitis C scandal has been

dropped by the Director of Public Prosecutions, it emerged last night.

The decision not to prosecute means that nobody has stood trial for the

infection of more than 1,000 women with Hepatitis C from contaminated blood

products -- a scandal that was one of the biggest health tragedies in the

history of the State.

Seven charges had been brought against Dr Cecily Cunningham, a former biochemist

at the Blood Transfusion Service Board, under Section 23 of the Offences Against

the Person Act 1861. She was charged with unlawfully and maliciously causing a

" noxious thing " , namely infected Anti-D immunoglobin, to be taken by seven

people, thereby inflicting grievous bodily harm.

Failed

However, last night it emerged the prosecution had been dropped. In 1994, it was

disclosed that the Blood Transfusion Service Board had failed in 1976 to prevent

the use of blood donated by a woman who was known to have jaundice.

This was used to make the product Anti-D, despite there being a policy in 1968

that blood should not be accepted from anyone who had suffered jaundice or

infectious hepatitis.

It was given to some women during childbirth in the late 1970s and early 1990s,

and in 1997 the Finlay Tribunal was set up to examine the issue.

Dr Terry Walsh, a consultant haematologist and former assistant national

director with the blood bank, had been charged along with Dr Cunningham over the

Anti-D product.

However, he died as allegations relating to his involvement were before the

court. The Hepatitis C support group, Positive Action, last night revealed the

death of a key witness in the prosecution case, Dr H H Hoppe, had put an end to

proceedings. A tribunal to compensate those affected has paid out more than

€530m.

The DPP last night refused to comment when contacted by the Irish Independent.

In a statement, Positive Action said it accepted the decision was due to

circumstances " beyond the control of the investigating gardai team and the DPP " .

Chairperson Detta Warnock said the decision had sparked anger amongst those

affected.

Detectives from the National Bureau of Criminal Investigation will meet the

group next Wednesday to formally outline why the decision was taken.

- McDonagh and Eilish O'Regan