Global InformationHIV Haemophilia Litigation information
| HIV Haemophilia Litigation | |
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| Court | Court of Appeal (Civil Division) |
| Full case name | AMcG002 v Central Birmingham Health Authority (1),...[1] |
| Decided | 20 September 1990[2] |
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| Case history | |
| Appealed from | High Court of Justice |
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The HIV Haemophilia Litigation [1990] 41 BMLR 171,[5] [1990] 140 NLJR 1349 (CA),[6] [1989] E N. 2111, also known as AMcG002,[1] and HHL,[7] was a legal claim by 962 plaintiffs,[8] mainly haemophiliacs (but also their wives, partners and children), who were infected with HIV as a result of having been treated with blood products in the late 1970s and early 1980s.[9][10] The first central defendants were the then Department of Health, with other defendants being the Licensing Authority of the time, (MCA), the CSM (the Committee on the Safety of Medicines), the CBLA (Central Blood Laboratories Authority), and the regional health authorities of England and Wales.[8][11] In total, there were 220 defendants in the action.[12]
The litigation commenced around April 1989[13] and by 7 July 1989, at least 300 plaintiffs had joined the action.[14] Within four months another 300 haemophiliacs had joined the action,[11] however, by this time, (November 1989) 163 haemophiliacs had already developed full-blown AIDS and 107 had died.[15] There was an initial deadline of 2 February 1990 imposed, but this was extended in order to permit 200 haemophiliac children to sign up to the action.[16]
- ^ a b c "Jason Evans & Others and Secretary of State for Health - Claim No. HQ17C3611" (PDF). 27 October 2017. Retrieved 1 February 2022 – via Collins Law Solicitors.
"HIV Haemophilia Litigation" refers to the case AMcG002 v Central Birmingham Health Authority (1), Coventry and District Health Authority (2), West Midlands Regional Health Authority (3), Oxfordshire Health Authority (4), Oxfordshire Regional Health Authority (5), The Attorney General on Behalf of the Committee on Safety of Medicines (6), The Attorney General on Behalf of the Licensing Authority Pursuant to the Medicines Act 1968 (7), Secretary of State for Health (8), Department of Health (9), North West Thames Regional Health Authority (10) and Central Blood Laboratories Authority (11); case reference 1989 E N. 2111.
- ^ a b "Re H.I.V Haemophiliac Litigation - Case Law". Court of Appeal (EWCA). 20 September 1990. VLEX 793542621. Retrieved 2 February 2022 – via VLEX Justis.
- ^ Dyer, Clare (12 December 1990). "Biggest injury deal disappoints Aids victims: Clare Dyer reports on the out-of-court settlement for HIV-infected haemophiliacs who will receive an average Pounds 35,000 each". The Guardian. London.
Their lawyers argued that the Government was guilty of negligence and breach of statutory duty in importing contaminated supplies of the blood clotting product, Factor 8, from the US and allowing British-made Factor 8 to become infected with the virus.
- ^ Wheeler, Caroline (25 July 2021). "Ken Clarke rejected infected blood scandal advice". The Sunday Times. London. Retrieved 10 February 2022.
The victims, who had taken a legal class action against the government...
- ^ Brazier, Margaret; Cave, Emma (2016). Medicine, patients and the law: Sixth edition. Manchester University Press. ISBN 9781784991364.
- ^ Cronjé-Retief, Marésa (2021). Table of Cases. Brill Nijhoff. ISBN 9789004478152. Retrieved 1 February 2022.
Re HIV Haemophiliac Litigation [1990] 140 NLJR 1349 (CA)
- ^ Fairgrieve, Duncan; Brooke, Michael (2005). In Product Liability in Comparative Perspective. Cambridge: Cambridge University Press. p. 16. ISBN 9781139448031.
Near the end of the HHL, Mr Justice Ognall allowed the plaintiffs' lawyers to act in the forthcoming Hepatitis Litigation, using the knowledge acquired when acting in the HHL, particularly resulting from the disclosure provided by the various defendants.
- ^ a b Cronjé-Retief, Marésa (2021). The Legal Liability of Hospitals. Brill. p. 149. ISBN 9789004478152.
The 962 plaintiffs brought action against, inter alia, the Department of Health, the licensing authority under Medicines Act 1968, the committee on the safety of medicines, all regional and district health authorities in England and Wales, and the central blood laboratories authority.
- ^ "100. Contaminated Blood Products Group Litigation". GOV.UK. Group litigation orders - HM Courts & Tribunals Service. 27 October 2017. Retrieved 1 February 2022.
1.4. Whether any undertakings given by the Claimants or any of them, directly or indirectly, to the Defendant at any time arising out of the HIV Haemophilia Litigation or otherwise are binding upon the Claimants, and in all the circumstances whether it is unconscionable for the Defendant to rely upon such undertaking.
- ^ "HIV Haemophilia Litigation, The Main Settlement Agreement" (PDF). 24 April 1991. Archived from the original (PDF) on 21 May 2014. Retrieved 1 February 2022 – via taintedblood.info.
- ^ a b Roger Freeman, The Parliamentary Under-Secretary of State for Health (13 November 1989). "Haemophiliacs (AIDS)". Parliamentary Debates (Hansard). House of Commons. col. 153–159.
Some 600 haemophiliacs with the AIDS virus are pursuing compensation through the courts. The Department of Health, the Medicines Licensing Authority, which comprises the United Kingdom Health Ministers, and the Committee on Safety of Medicines, which gives advice to the licensing authority, are among the defendants.
- ^ Shiranikha, Herbert (28 September 1990). "Law Report: Haemophiliacs to see health documents". The Guardian. London. p. 47.
The plaintiffs claim damages for personal injuries which they allege were caused by the negligence and breach of statutory duty of the 220 defendants.
- ^ "Part IV: International Responses to the Risk of HIV in the Blood Supply" (PDF). Krever Report. p. 941.
...in April 1989 a number of hemophiliacs brought a civil action against the Department of Health, the Medicines Licensing Authority, the Committee on Safety of Medicines, the Blood Products Laboratory, and the regional health authorities.
- ^ "Haemophiliacs urged to sue". New Scientist. 7 July 1989. Retrieved 2 February 2022.
Of 1200 haemophiliacs with HIV, only 300 have initiated claims for compensation.
- ^ Garfield, Simon (6 November 1995). The End of Innocence: Britain in the Time of AIDS. London: Faber and Faber. p. 212. ISBN 9780571153541.
Towards the end of November 1989,... ...A hundred and sixty-three haemophiliacs had developed full-blown AIDS and 107 were dead.
- ^ "Blood, HIV, and compensation". British Medical Journal. 300:67 (6717): 67–68. 13 January 1990. doi:10.1136/bmj.300.6717.67. JSTOR 29706558. S2CID 220202226 – via JSTOR.