MORE than 150 people have taken cases against the state after contracting superbugs while in hospital, it has emerged.

The claims, which reached their peak in 2008, are – in almost every case – being vigorously contested by the state, the figures show.

Of the 159 cases lodged against the state, only 22 have so far been concluded or settled with the victim.

There have been three settlements, which involved substantial cash payments to the victim, and another two claims which were dismissed by the courts.

A further 17 cases were discontinued by the victim for a variety of unexplained reasons, figures from the Department of Health showed.

The Department of Health said: "The settled cases did so on a confidential basis, between the plaintiff and the hospital involved, and therefore... [we] are prevented from providing a financial breakdown in those cases.

"The duration between lodging a claim and the settlement or judgement was 1.7 years," it said.

The department said eight cases had been taken this year so far with people alleging they had contracted MRSA or c-difficile.

In 2009, there were 23 cases, a substantial decrease on the 45 claims that were lodged in each of the two previous years.

One of the largest settlements came in 2008 when a young Dublin man was paid a six-figure sum after contracting MRSA during a routine operation.

The man had been having his appendix removed at an undisclosed hospital in the capital when he was infected with the superbug.

At first, the man appeared to be recovering well but in the days that followed, MRSA was found in the wound, culminating in two further operations and painful skin grafts.

At the time, there were genuine fears his successful claim would lead to a spate of similar actions against hospitals around the country.

However, those concerns have not been realised judging by the fall-off in the number of claims lodged.

One of the key difficulties in taking a case has been proving definitively that the infection took place at a particular hospital, said a legal source.

"That is always the problem, particularly if you are dealing with an older person who may have long-term health issues," the lawyer said.

"How do you know exactly when or how they contracted an infection and how do you then prove negligence on behalf of the healthcare provider?"

Medical sources said the reduction in the number of
compensation cases also reflected reduced infection rates, which have been falling in recent times.

According to the latest full-year figures available, the number of MRSA infections in Irish hospitals fell by almost 20%.

There were 355 cases in 2009, down from 439 the previous year, with Ireland still considered to have a "relatively high" infection rate.

During that period, the largest number of cases was recorded at Galway University Hospital (28), St James's Hospital (25) and Cork University Hospital (21).

However, the figures do not give a reliable assessment of where the infection was first acquired as it may have been contracted elsewhere.