The High Court increased compensation for B.D., who developed decompensated cirrhosis after contracting hepatitis C from a blood transfusion, and awarded €400,642 for future childcare costs. The appeal concerned the amount of compensation, not the Minister’s acceptance that B.D. was entitled to recover for pecuniary and non-pecuniary loss.
B.D. had received a provisional award from the Hepatitis C and HIV Compensation Tribunal in 1998. After his liver disease progressed to decompensated cirrhosis, the Tribunal awarded him €150,000 in general compensation and €50,000 for pecuniary loss in March 2017. He appealed under the Hepatitis C Compensation Tribunal Acts, seeking higher awards.
The High Court heard the appeal de novo, meaning it assessed the claim afresh. The judge found that antiviral treatment had cleared the virus and improved B.D.’s prognosis, but that he remained seriously unwell with permanent liver damage, depression, fatigue and encephalopathy. The court accepted that his illness substantially limited his ability to care for his three children, two of whom have Down syndrome and special needs.
The court set general compensation at €220,000, considering the physical, psychological and emotional consequences of the cirrhosis. It also rejected the Minister’s contention that a general damages “cap” set the upper benchmark for all personal injury cases, explaining that the relevant scale must reflect awards across the full range of cases.
For childcare costs, the judge found that, had he remained well, B.D. would likely have continued working until 65 and shared care with his wife, who also worked full time. The court allowed €125,712 for 31 hours of care per week until B.D.’s expected retirement in 2023, and €174,930 for 42 hours per week from then until the youngest child’s eighteenth birthday in 2030. It also allowed €100,000 in general compensation for the possibility that one or both daughters may need ongoing care after turning 18. The court did not allow the claimed capital sum for a live-in carer after that point, citing gaps in the evidence about the family’s plans.
The court ordered that the Tribunal’s €150,000 general award be replaced with €220,000 and its €50,000 pecuniary award with €400,642. The Tribunal’s other terms were affirmed, including that the general compensation remained provisional on the events identified in its award. The judge said costs would be discussed with counsel; the judgment did not determine them.