Swine flu case: State ‘has sympathy... but is not liable'

On the fourth day of Ms Bennett’s action which is a test case for up to 100 other cases relating to the swine flu vaccine, the State parties to the action put forward their defence. Over three days have already been given over to the setting out of Ms Bennett’s case to the court which has to decide on liability.

Aoife Bennett was 16 years old when she got the vaccine as part of a mass vaccination programme as the country braced itself for a threatened human swine-flu pandemic 10 years ago.

Ms Bennett, Lakelands, Naas, Co Kildare, a Third- Level student has sued the minister for health, the HSE, the vaccine producer Glaxosmithkline Biologicals, and the Health Products Regulatory Authority.

HSE brochures on the vaccine it is claimed had the effect of allegedly misleading those who read them as to the safety of the Pandemrix vaccine and the alleged risk associated with its use.

It is claimed the brochures contained advice which was not consistent with the facts. One brochure it is alleged was written in a manner that most reading it would believe that everybody except those with a confirmed lab test for swine flu needed to get the vaccine and that it was safe to use Pandemrix.

It is further claimed the health minister and HSE ought to have known those who read the brochures were likely to come to an alleged erroneous conclusion as to the safety of Pandemrix vaccine and whether it had been adequately tested at all on children and adolescents prior to its release to the public.

Glaxosmithkline it is claimed demanded an indemnity from liability from the State before it would agree to supply the vaccine. It was claimed if parents had known all this would be likely to have not consented to the administration of Pandemrix to their children. It was alleged, The Health Products Regulation Authority, was well aware there was an alternative vaccine which had more clinical data available on its safety and efficacy.

All the defendants deny the claims and deny liability. Mr Gallagher said the allegation that Irish children had been vaccinated because the State was not prepared to dump vaccines was of no substance.

Counsel said there was “absolute disclosure of all appropriate information” and the public campaign for the vaccination programme, was unprecedented and extensive.

The case continues on Tuesday. The State in the High Court has expressed “ greatest sympathy” for a 26-year-old woman who is suing claiming she developed narcolepsy after she got the swine flu Pandemrix vaccination