Legal News

The patients and families affected by the contaminated blood from the NHS manufactured in the United States in the 70s and 80s have been given the right to sue the government.

Some five hundred people, including relatives of those who died after receiving the contaminated blood, containing Hep C and HIV, are now able to begin claiming compensation. The hearing, which took place at the High Court on Monday 25th September, saw the judge disallow the lawyers of the Department of Health’s attempts to hold off on the claim.

The group litigation order will allow people like Jason Evans, the lead claimant, who lost his father to the medical scandal, to have some sense of justice. Jason’s father, Jonathan was only a few years older than Jason when he died at 31 after contracting HIV from the blood he received as a haemophiliac.

Jonathan was given the blood in question in 1984, but spent a year with no knowledge of the infection. He died eight years later, during which time he conceived Jason, who does not carry the disease.

The blood, called Factor 8, was then manufactured in the United States, using blood plasma that had come from paid donors. Those donors were made up of drug addicts and prisoners, with a mixture of any number of individuals who could have carried the diseases.

Jason reveals that David Owen, who was the Health Minister at the time of the scandal, acknowledged that the United Kingdom was not able to produce Factor 8 without importing some from external countries.

More than 4,400 individuals are said to have been infected, with just under half remaining alive today. Some of those survivors make up the group litigation order.

On the 11th July this year, Theresa May said that there would be an investigation into the contaminated blood, but no chair has been appointed, so the significance of this order is even more of a relief. Up until now, some families have felt unable to fight, with information being withheld.
Though legal settlements were reached in the 90s, the lawyers representing the victims have used the fact that information was kept from then during the original cases makes them void. However, Hannah Slarks, who represented the government, warns that it won’t be easy to reopen those cases.

Ashwati Menon, Trainee Solicitor in Clinical Negligence and Personal Injury at Duncan Lewis states:

“What occurred here is the worst treatment in the history of the NHS and it is the least that can be done to provide some sort of justice to families who are all part of the same tragedy.”

Duncan Lewis Clinical Negligence Solicitors

The Duncan Lewis Clinical Negligence team has significant experience acting in a vast array of claims including unnecessary surgery claims, accident and emergency failures, GP negligence claims, misdiagnosed fractures and wrongful death claims. They also act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals.

If you believe your doctor has made a mistake and wish to claim compensation or have any questions about treatment you have received, please do not hesitate to contact our team of specialist clinical negligence solicitors on 0333 772 0409.