Defendants tried to stop Vicky Phelan talking

LAWYERS for the HSE and Clinical Pathology Laboratories sought a confidentiality agreement to prevent Vicky Phelan from talking about the case.

Mrs Phelan’s solicitor Cian O’Carroll confirmed yesterday that the defendants in the case sought the clause but Mrs Phelan did not want to sign one.

‘[The apology] is very important to her, [it is] the only reason that she is talking, the only reason that she insisted on not being gagged by a confidentiality clause in her settlement’ he told RTÉ’s Liveline radio show.

Mr O’Carroll said defence lawyers seeking a confidentiality clause in a settlement would be standard during negotiations.

‘I think the request was ultimately coming from the laboratory. But that wouldn’t be unusual or unfair and I would expect no less from their lawyers in the circumstances that they would at least look for it,’ he said.

‘In the litigation process there are certain things which are expected. The soldiers lined up on each side to do [work] for their clients. Naturally, you have an adversarial system.’ he said.

According to Mr O’Carroll, that disclosure in the case was difficult and it took ‘repeated calls to get those documents’ and without the process, it was unlikely information would come out.

Mr O’Carroll said Mrs Phelan was continuing her cancer treatment and was on her way to an appointment ‘that is very much the course of her daily or weekly life at the moment’.

The HSE was not yet commented on his remarks.