Thalidomide group court fight goes on

THE High Court has adjourned the cases of two Kerry Thalidomide survivors who are part of a legal action against the drug’s manufacturer, its Irish distributor and the State in a case that resumed this week at the High Court.

Jacqui Browne from Fenit and John Stack from Tarmons near Tarbert are among 26 members of the Irish Thalidomide Association who have brought compensation cases against German pharmaceutical firm Grunenthal GmbH (the manufacturers of Thalidomide); TP Whelehan Son and Company (the Irish distributors of the drug); and the Ministers for Health and Environment.

At the High Court Mr Justice Seamus Noonan – who has expressed his concern about “the slow pace” of the proceedings – ruled on several requests made by the defendants that the plaintiffs further particularise and answer questions about certain aspects of their claims.

Judge Noonan ruled that the 26 plaintiffs have the right to seek discovery of State documents as part of their action.

The information sought is due to be provided ahead of the case’s return to the court – for additional case management – in early November.

Following Judge Noonan’s ruling, Mr Stack – who is the chairman of Thalidomide Ireland– issued a statement on behalf of the organisation.

“We are pleased that we will have a right to seek to discover State documents despite the endeavour of the Minister for Health to confine the scope of our cases,” he said.

“Unfortunately, two of our members have not survived to conclude their court actions against the Irish State… Our members are ageing, becoming more decrepit and suffering the adverse effects of their physical deterioration,” he said.

“Our litigation has been the mother of all battles over decades and Thalidomide victims have to keep themselves alive to get justice for both their families and themselves.”