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High Court allows appeal from the Hepatitis C Compensation Tribunal, whereby the Appellant’s application for compensation was dismissed, and remits the application back to the Tribunal for the purposes of assessing compensation and making an award, on the grounds that: (a) a death certificate is prima facie evidence of the facts stated therein, which calls for an answer from the opponent; (b) the Court found as a matter of fact that Hepatitis C was a contributory factor to the cause of death of the deceased; and (c) the Court was satisfied and found on the evidence that the deceased’s ability to fight the sepsis, the predominant direct cause of her death, was impaired due to Hepatitis C.
Appeal from Hepatitis C Compensation Tribunal whereby the appellant’s application for compensation was dismissed - Hepatitis C Compensation Tribunal Acts, 1997 to 2006 ("the Acts") - application for compensation was brought under s. 4 (1)(e) of the Acts which is concerned with the statutory dependants of any of the persons identified in sub paragraphs (a),(b), or (c) of s.4 (1) whose death was as a result of contracting Hepatitis C or where Hepatitis C was a significant contributory factor to the cause of death - the appellant brought the claim on her own behalf and of other statutory dependents as a result of the death of her mother - deceased contracted Hepatitis C in 1977 as a result of receiving Anti-D which emanated from a batch of the product contaminated with the virus - the deceased was diagnosed in 1994 with Hepatitis C - she was separately diagnosed with multiple myeloma in 2005 - whether or not chronic Hepatitis C was a cause of death or a significant contributory factor to the cause of death of the appellant's mother - what is the probative value of a Death Certificate in proceedings before the Tribunal - appeal allowed - matter remitted to the Tribunal for purposes of assessing compensation and making an award.
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