Courts / Meath / Report

Solider in important test case over anti-malaria drug

Date
2019-03-15
Stage
Trial
Primary locality
Navan
County
Meath

Summary

A High Court trial concerning a damages action by former soldier Patrick Fedigan against the State was adjourned shortly after it opened before Mr Justice Bernard Barton. Mr Fedigan, a 51-year-old from Navan, Co Meath, claims he suffered health issues, including loss of balance, anxiety, and memory problems, resulting from being prescribed the anti-malaria drug Larium (Mefloquine Hydrochloride) during Defence Forces deployments to Eritrea, Liberia, and Chad between 2001 and 2010. He alleges negligence and breach of duty by the Minister for Defence and the Attorney General, asserting he was unsuitable for the drug, his medical history was not checked, and he lacked adequate support for his symptoms. The State defendants deny these claims. The case, expected to last up to ten weeks, was paused to allow Mr Fedigan's legal team, led by John Gordan SC, to review documents recently discovered by the defendants. Mr Justice Barton noted that due to judicial commitments, including circuit duties, the hearing would proceed in blocks with gaps in evidence. Both parties acknowledged the judge's availability issues but agreed to proceed. The matter was adjourned and is scheduled to resume on Tuesday.

Who, what, where, when and why

What: Report matter: Solider in important test case over anti-malaria drug. Procedural stage: trial

When:

Why: This was because the court is due to go on circuit and had to take up the High Court jury list in the coming months, he said. CNI source report

Case subjects

Defence Forces

Applicant

Outcome: The case, expected to last up to ten weeks, was adjourned shortly after it opened before Mr Justice Bernard Barton on Friday to allow Mr Fedigan's s lawyers consider documents recently discovered by the defendants.

Patrick Fedigan

Applicant

Outcome: The case, expected to last up to ten weeks, was adjourned shortly after it opened before Mr Justice Bernard Barton on Friday to allow Mr Fedigan's s lawyers consider documents recently discovered by the defendants.

Places mentioned

Residence
Court Venue
  • High Court

Topics

Drugs Stage Trial

Related court reports

Read the original CNI report

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