A time to right historical wrongs

Is now the time for justice for the victims of the Infected Blood Scandal? After decades of campaigning by victims and their families, new regulations are published later this month which will formally appoint the Infected Blood Compensation Authority as the operator of the UK’s compensation scheme for all those affected.

Jamie Lyons looks at how the Infected Blood Compensation Authority aims to right historical wrongs and hopefully brings justice for victims of the infected blood scandal.

Chaired initially by Sir Robert Francis, the IBCA will establish and administer the scheme. It aims to take a victim-focused approach and process claims efficiently, with the first payments due to be made before the end of this year.

The infected blood scandal is among the UK’s gravest healthcare failures. From the 1970s to the 1990s, it is estimated that 30,000 individuals were unknowingly infected with HIV, hepatitis B or hepatitis C through contaminated blood products. This caused immense suffering, with severe health complications affecting every aspect of victims’ lives and leading to the premature death of many.

For campaigners, who have fought tirelessly for justice, recognition and compensation, the IBCA represents a significant step towards acknowledging these historical injustices and providing much-needed redress.

The compensation scheme that the IBCA will deliver is designed to be inclusive, covering not only those directly infected but also their families and carers. Highlighting this broad eligibility is crucial, as many individuals may be unaware that they qualify for compensation. Spouses, partners, children, parents, siblings and carers, as well as those indirectly infected, are all included in the scheme’s scope.

The compensation framework will reflect the severity and impact of the infections, with varying amounts based on individual circumstances. The proposed tariff of payments involves significant sums – which is only right given the profound suffering endured.

However, the complexity of the scheme – due to multiple categories, differing criteria and a sliding scale of compensation – means that claims can be intricate and time-consuming. In many cases, families may need to make multiple claims, for example when an individual was infected and also had an infected or affected loved one.

Interim payments are already available for individuals who contracted hepatitis C and/or HIV from NHS blood or blood products before September 1991, and for the long-term partners of deceased victims. The process for awarding payments to estates following a victim’s death is still being finalised.

It is important to note that accepting compensation from the IBCA does not preclude further litigation. For those deemed ineligible for the scheme, or for those with additional grounds for claims, legal avenues through the courts may remain open. This ensures that victims and their families retain the right to pursue justice fully.

While victims and their families have the option to apply for compensation directly, seeking legal advice is highly recommended. Qualified, experienced legal representatives can help navigate the complexities of the scheme, ensuring that applicants receive the full compensation to which they are entitled. Legal professionals can assist with compiling necessary documentation, gathering medical evidence, meeting application deadlines and avoiding any errors that could put claims at risk. Their involvement can significantly reduce the administrative and emotional burden on victims and their families, who have already endured significant distress.

At Thorntons, we are working with a wide cross-section of families seeking justice after years of suffering. Many of the victims are haemophiliacs. Others received blood transfusions in Scotland following unrelated incidents such as road traffic accidents or accidents at work.

Among their number are individuals whose hepatitis C and HIV infections were undiagnosed for decades, leading to other diseases including AIDS and eventually death. In one case a deceased individual was suspected to have been an alcoholic and shunned before the true cause of their liver cirrhosis emerged.

Sadly, some of the victims whose families we are supporting died without ever knowing what was wrong with them, or how they came to contract hepatitis C or HIV. We’ve heard of people being given diagnoses of completely unrelated conditions, including BSE (‘mad cow disease’), such was the secrecy over the issue.

With the NHS now openly warning that anyone who received a blood transfusion before 1996 may have received a contaminated blood product, we can say with absolute certainty that we will never know the real number of people and families impacted by this. I suspect the 30,000 figure is a drop in the ocean. The fact that people died not knowing who or what did this to them is, without a doubt, the worst thing I’ve seen in my time as a personal injury and clinical negligence lawyer.

The establishment of the IBCA is a profound acknowledgment of past failings and a commitment to righting historical wrongs. Its success will be measured by its execution – how sensitively, efficiently and fairly the compensation process is handled. The victims of the infected blood scandal deserve nothing less than a process that respects their suffering and delivers justice.

The road to justice has been long, but with the formation of the IBCA, there is hope that a significant step towards reparation is finally being made.

Written by Jamie Lyons, Senior Personal Injury Solicitor, Thorntons