A and Others v National Blood Authority and Another information
Consumer law case involving claimants infected with hepatitis C
A & Ors v National Blood Authority & Ors
Court
High Court of Justice
Full case name
A and Others v National Blood Authority and Another
Decided
26 March 2001
Citation(s)
[2001] EWHC QB 446
Court membership
Judge(s) sitting
Mr Justice Burton
Keywords
Safety level
Blood as a defective product[1]
Screening for HCV
Surrogate testing
Product liability
Non-standard product
Legitimate expectation
Comparative law[2]
A and Others v National Blood Authority and Another, also known as the Hepatitis C Litigation,[3] was a landmark product liability case of 2001 primarily concerning blood transfusions[1] but also blood products or transplanted organs,[4] all of which were infected with hepatitis C, where liability was established under the Consumer Protection Act 1987 and the Product Liability Directive (85/374/EEC) even in the absence of the ability to test to ascertain which blood transfusions were defective.[5] The claimants were 114 individuals, six of whom were considered lead plaintiffs and given close consideration by the judge, Mr Justice Burton. Several of the claimants were minors who had become infected with Hepatitis C in the course of their treatment for leukaemia.[6] The defendants were the National Blood Authority (NBA) and in respect of Wales, the Velindre NHS Trust, Cardiff.[7] The court found that the UK government should have implemented measures to screen donated blood for HCV by March 1990, rather than September 1991,[8] and that surrogate testing should have been introduced within the United Kingdom no later than 1 March 1988.[9]
^ abKinsella, Jack; Subhasree, D. (20 January 2020). "Judgement for the case A v National Blood Authority". oxbridgenotes.co.uk. Oxbridge Notes. Retrieved 28 May 2020.
^Cite error: The named reference OUP2015 was invoked but never defined (see the help page).
^Goldberg, Richard (1 January 2002). "Paying for Bad Blood: Strict Product Liability after the Hepatitis C Litigation". Medical Law Review. 10 (2): 165–200. doi:10.1093/medlaw/10.2.165 – via academic.oup.com.
^"Hepatitis patients win compensation". BBC News. Wales. 26 March 2001. Retrieved 28 May 2020. They were infected with Hepatitis C, which affects the liver, after receiving blood transfusions, blood products or transplanted organs.
^A & Ors v National Blood Authority & Ors [2001] EWHC 446 (QB), [2001] EWHC QB 446, (2001) 65 BMLR 1, 65 BMLR 1, [2001] Lloyd's Rep Med 187, [2001] 3 All ER 289 (2001), High Court (England and Wales)
^Gordon, Cathy; Colley, Jan (26 March 2001). "Hepatitis sufferers win fight for damages". The Independent. Archived from the original on 14 June 2020. Retrieved 14 June 2020.
^"NHS pays damages to hepatitis victims". The Scientist. 26 March 2001. Retrieved 29 May 2020. The judge will consider whether to grant the defendants, the National Blood Authority in England and the Velindre NHS Trust in Wales, leave to appeal on 10 April.
^Dyer, Clare (31 March 2001). "Nhs Told To Pay £10M To Patients Infected With Hepatitis C". British Medical Journal. 322 (7289): 751. JSTOR 25466591 – via JSTOR.
^A & Ors v National Blood Authority & Ors, 446, 10 (EWCH 2001) ("I am however satisfied that it ought to have been at some stage after the introduction of the surrogate tests in the United States and the subsequent consideration given to them in the United Kingdom, and before, or at any rate by, 1 March 1988.").
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