Medical negligence news

Michelmores respond to ’a horrific human tragedy‘

Yesterday’s Archer report into the contaminated blood scandal in which 4670 haemophiliacs in this country became infected with HIV and Hepatitis C viruses was described by Lord Archer, the chairman of the inquiry, as ‘a horrific human tragedy’.  Laurence Vick is head of clinical negligence at Exeter-based lawyers Michelmores and represents more than 100 of those who were given contaminated blood. This is his impression of the report:

‘Clearly our clients welcome Lord Archer’s report and are grateful to Lord Morris who pushed so hard for this inquiry,’ he says.

‘These victims and their families and dependents have waited a very long time for a full investigation into the circumstances by which they contracted their HIV and hepatitis C viruses and for an inquiry into the parties responsible.

‘It’s inevitable that this report will have considerable significance and it’s not surprising that Lord Winston has described this tragedy as the worst treatment disaster in the history of the NHS.

‘We need to consider the findings and recommendations of this report before coming to a firm conclusion, but it does appear that Lord Archer is to be congratulated for his efforts, particularly when the panel have had to consider a significant amount of documentation and conduct this entire investigation with private funding of only £75,000. By comparison the Bristol Heart Children Inquiry - a full public inquiry in which I was lead solicitor for the 300 families belonging to the action group - cost the tax payer in excess of £12 million.

‘First and foremost these victims and their families have been seeking answers and explanations to a long list of questions.

‘It remains to be seen whether the government will implement all of these proposals but we would be particularly keen for the government to adopt the recommendation that victims and their families receive full compensation to reflect their unimaginable physical and mental suffering, as well as their losses and the requirements of future care, therapy, and long term housing and care needs.  We see that Lord Archer has proposed compensation on the lines of, if not more generous than, the model adopted by the government for victims in Ireland.

‘With a tragedy of this nature litigation is always going to be a blunt instrument, particularly as here where questions of government policy are involved.

‘All of our clients have been disappointed by the government's response to the inquiry to date, their refusal to give evidence and unwillingness to accept that an inquiry was even necessary. The indication gained from speaking to victims at the hearing is that they would like Lord Archer’s recommendations to convey the strongest possible message to the government that they should be compensated for all of the consequences they have suffered as a result of this tragic episode in the recent history of the NHS.

‘It is also crucial that compensation is extended to families and widows of victims who have died. Neither must it be forgotten that a number of wives have contracted this virus after they were unwittingly and innocently infected by their husbands.’

Created: 24/02/2009
Categories: Blood products