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You can find the current article at its original source at https://www.theguardian.com/society/2017/sep/26/contaminated-blood-scandal-victims-win-ruling-to-launch-high-court-action
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Contaminated blood scandal victims allowed to sue government | |
(35 minutes later) | |
About 500 victims and relatives of haemophiliac patients killed by contaminated blood products have been given permission to sue the government for compensation. | About 500 victims and relatives of haemophiliac patients killed by contaminated blood products have been given permission to sue the government for compensation. |
A high court judge at a preliminary hearing dismissed attempts by lawyers for the Department of Health to delay the claim and granted a group litigation order to begin legal proceedings. | A high court judge at a preliminary hearing dismissed attempts by lawyers for the Department of Health to delay the claim and granted a group litigation order to begin legal proceedings. |
More than 2,400 people are estimated to have died after receiving imported blood-clotting products derived from blood plasma manufactured in the United States during the 1970s and 1980s. The products were infected with hepatitis C and HIV. | More than 2,400 people are estimated to have died after receiving imported blood-clotting products derived from blood plasma manufactured in the United States during the 1970s and 1980s. The products were infected with hepatitis C and HIV. |
The claimants allege that the DH failed in its duty to take reasonable care to prevent injury or loss to NHS patients when contaminated blood products manufactured from blood donated “from unsafe sources”, mainly in the US, were imported into the UK, causing a large number of people with haemophilia to be infected with hepatitis C and HIV. | |
In the US, prisoners and people who were addicted to drugs were among those paid to give their blood to meet the rising demand for commercial blood products. Their contaminated donations were mixed in with those of others. | |
In the lead case of Jason Evans, it is alleged the health secretary failed to provide “prompt and timely” notification to the patient about the risk of infection. Other allegations include a failure to promptly notify infected claimants that they had become infected. | |
The court was told more than 4,500 people contracted hepatitis C and/or HIV in the 1970s and 80s. | |
Steven Snowden QC, appearing for the claimants, told the court it had recently come to light that information and documents which could have helped the victims and families in cases brought earlier had not been disclosed. | |
In the light of that lack of disclosure, argued Snowden, it would be “unconscionable” for the DH to rely on earlier settlement agreements and undertakings given by families to prevent them now pursuing further litigation. | |
The ruling on Tuesday follows an announcement by Theresa May in July that a public inquiry is to be held into what she described as “an appalling tragedy which should simply never have happened”. | |
Des Collins, of Watford-based law firm Collins Solicitors, which won the group litigation order, said: “The recent announcement of a public inquiry into these matters has at last indicated some willingness on the part of government to address the claimants’ concerns. Against this background it is regrettable that the secretary of state (for health) has not chosen to do so in these civil proceedings.” |