2024 Infected Blood Inquiry Report – The Findings & The Fallout
On 20 May 2024 the Infected Blood Inquiry Report was published, examining the extent of the devastating harm caused by what Lord Winston has described as “the worst treatment disaster in the history of the NHS”. Commissioned by the government in July 2017, the Infected Blood Inquiry found that thirty thousand people in the UK became infected with hepatitis C and HIV from infected blood, blood products and tissue.
As a member of GA Solicitor’s personal injury team, and as someone who has been a medical negligence Chartered Legal Executive for a number of years, I found the Infected Blood Inquiry report to be particularly upsetting reading. Not only did this scandal cause catastrophic harm but has also: ‘caused others to suffer too – partners, family, children, friends – some by being themselves infected, some by having to watch loved ones die, some by having to give their lives to caring; and almost every one of them, infected and affected, suffering in almost every aspect of their lives.’ (https://www.infectedbloodinquiry.org.uk/sites/default/files/Volume-1.pdf).
The Infected Blood Inquiry Report identifies two main patient groups that have been affected: haemophiliacs and recipients of contaminated blood transfusions between 1970 and 1991.
Haemophiliacs have a rare genetic condition preventing their blood from clotting properly and are therefore prescribed blood plasma to replace their shortage of blood clotting agents. However, after being prescribed the infected blood plasma, around 1,250 patients in the UK (including approximately 380 children) developed both hepatitis C and HIV, with two-thirds of these victims later dying from AIDS-related illnesses. It is not known how many people were infected solely with hepatitis C because symptoms can take decades to materialise, but it is believed to be between 2,400 and 5,000 victims.
There are even more victims in the second group of patients who were prescribed contaminated blood transfusions, with up to one hundred infected with HIV, and around 27,000 with hepatitis C.
Horrifyingly it is believed that around 2,900 people have died in total.
The Infected Blood Inquiry Report lists a ‘catalogue of failures’ that led to this crisis. These include failing to sufficiently test for hepatitis, accepting blood products from high-risk donors such as drug addicts and prisoners, and failing to heat treat blood products to deactivate HIV until the end of 1985.
In an attempt to address the harm caused, a new scheme administered by the Infected Blood Compensation Authority will be set up, which will award compensation according to the following categories:
- An Injury award, for the mental and physical injury caused;
- A Social Impact award, for the social consequences of the infection including social isolation and stigma;
- An Autonomy award, for the distress and suffering caused by the impact of the infection, including where it has affected family and private life;
- A Care award, recognising past and future care needs and expenses for those infected;
- A Financial Loss award, for the past and future losses suffered as a result of infection.
Whilst the extent of the compensation award will depend on these factors, it is estimated that victims infected with HIV or HIV and hepatitis will receive over £2 million, with those suffering liver damage from hepatitis receiving around £1 million in compensation. Victims’ families and carers may also be entitled to compensation for the horrifying impact upon their lives as well, with many having to live without a loved one or cherished parent.
Further information on the scheme can be found on the Infected Blood Compensation Scheme Summary page on the Government website.
However, it is clear from the harrowing accounts of the victims and their families described in the Infected Blood Inquiry Report, that no amount of compensation can ever undo this harm. Nevertheless, I was struck by the incredible bravery and resilience of those affected, which was clearly evident from their accounts.
In circumstances where there has been negligent treatment leading to tragic consequences, no money can ever replace a loved one, but securing justice can hopefully help to ensure this happens as rarely as possible.
If you or a loved one have been prescribed treatment that has caused you harm and you think you might be entitled to compensation, then GA Solicitors may be able to assist you in obtaining justice.
GA Solicitors in Plymouth has a team of personal injury solicitors and lawyers that are ranked in The Legal 500 and Chambers UK and has a specialist interest in medical negligence. You can be assured you are in the best possible hands. Call the team today on 01752 203500 or email enquiries@GAsolicitors.com for a no-obligation discussion.
This article contains public sector information licensed under the Open Government Licence v3.0. (https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)
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