Courts / Dublin / Report

Couple who contracted Hepatitis A following creche outbreak can maintain claims

Date
2023-05-04

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

The High Court dismissed an application by the Health Service Executive (HSE) and Tusla to strike out negligence claims brought by a couple who contracted Hepatitis A after an outbreak at a creche their children attended. The couple, who separated after contracting the disease, alleged that the creche failed to meet health, safety and hygiene standards and that the HSE and Tusla had statutory responsibility to inspect, supervise and notify parents of the outbreak. They also claimed that the HSE and Tusla failed to inform parents and that the woman's pregnancy was affected by the outbreak. The court found that, although the plaintiffs' delay in bringing the action was inordinate and inexcusable, the balance of justice favoured allowing the claims to proceed. The judge set a timetable for document exchange and ordered the case to be heard within a reasonably short period, noting that the outcome would ultimately depend on documentary evidence rather than oral evidence.