The Infected Blood Inquiry: the facts

Simon Edward • Sep 01, 2022

Following a public inquiry, the government says that payments of £100,000 will be made to victims of the infected blood scandal. Read on to find out more.

Following a public inquiry, the government says that payments of £100,000 will be made to victims of the infected blood scandal. Read on to find out more.

The news is out: payments of £100,000 will be made to victims of the infected blood scandal. Downing Street says that more than 4,000 survivors are to be paid "as soon as possible".


This follows a recommendation of the
Infected Blood Inquiry, which was set up in 2017 to uncover how NHS patients with haemophilia and other blood disorders became seriously ill after being given infected blood imported from the USA. It was ordered by then-PM Theresa May, who told Parliament that the scandal was "an appalling tragedy which should simply never have happened".


In the 1970s and '80s, thousands of patients contracted HIV or hepatitis C through these treatments – a conservative estimate is 5,000, but some put it as high as 30,000. More than 2,400 people died, and this number is expected to rise. Many patients and families were isolated by the stigma surrounding HIV.


Milners has represented campaigners and 17 individuals infected and affected by this, fighting for recompense for victims of the worst treatment scandal in the NHS. Now, the battle has partly been won in the form of these compensation payments.


What was the infected blood scandal?


The scandal began in the 1970s when the NHS was struggling with the demand for blood transfusions. They began to import supplies of "factor VIII" concentrate from the US to meet demand. This is a protein that enables blood to clot.

The concentrate was produced by pooling and concentrating human blood plasma. Some of this came from high-risk paid donors including prison inmates and drug users. One contaminated sample could taint the concentrate and lead to infection when transfused.


People with haemophilia and other bleeding disorders were infected with HIV and hepatitis C. Some of these people, unaware that they were infected, passed on the infection to their partners.

This went on until the mid-1980s. By then it was apparent that HIV was a blood-borne virus, so the blood products began to be sanitised before use. In spite of this, some of these contaminated products continued to be used.


What did the inquiry set out to do?


In its own words, the
Inquiry set out to "examine why men, women and children in the UK were given infected blood and/or infected blood products". This involved gathering evidence from victims and their families, activists, medical experts and organisations caught up in the scandal. It also sought to uncover:

  • What the impact was on victims' families.
  • How the NHS and government responded to the infections.
  • What the nature of the support provided to infected patients and their families was.
  • Whether there was a lack of valid consent.
  • Whether there was a cover-up.


As with all public inquiries, the Infected Blood Inquiry intends to make recommendations that will stop anything similar from happening again. In Sir Brian's
words: "I intend through this inquiry to be able to provide both some well-needed answers to the victims and their families and recommend steps to ensure that its like will never happen again."


Milners
became involved when we were appointed to represent campaigners who had pushed for an inquiry. We also represented 17 victims and their families – including the person who is believed to have been the first to bring the scandal to light.

Our involvement in this inquiry follows on from our representation of Ampleforth College in the Independent Inquiry into Child Sexual Abuse (IICSA).


Timeline of key events


To take a closer look at the inquiry, let's delve into some key dates.


July 2017: Theresa May's government announces an inquiry into infected blood and blood products.


February 2018: appointment of Sir Brian Langstaff as Chair of the Inquiry.


March–June 2018: public consultation on Terms of Reference. This is when the scope and aims of the inquiry are made concrete after consultation with the public. This consultation receives almost 700
responses from people infected and their families, campaign groups and other organisations. These feed into the final Terms of Reference recommended by Sir Brian.


2 July 2018: publication of Terms of Reference, signalling the official start of the inquiry. The process of gathering evidence related to the infected blood scandal begins.


September 2018: preliminary hearings are held at Church House, Westminster. This opens with a commemoration service for those who have died. At these hearings, core participants make opening statements. These focus on the issues in the Terms of Reference which they want the inquiry to prioritise.


December 2018: the Inquiry publishes its
List of Issues. This document sets out the wide range of questions that the inquiry seeks to answer.


January 2019: an intermediary service is introduced. This means that anyone infected, or close to someone infected, isn't limited to giving a formal written statement – they're now able to share their stories with an intermediary.


February 2019: expert groups are appointed to advise the inquiry.


April 2019–present: the Inquiry hears evidence from people around the UK who were infected and affected, along with experts, campaigners, and organisations. These have included:

  • Haemophilia clinicians.
  • Experts on medical ethics.
  • The Haemophilia Society and Alliance House organisations.
  • Current support schemes in the UK.
  • Treloar College and campaigners.
  • Former health ministers Lord John Reid and Hazel Blears.
  • Regional transfusion directors.


These swathes of evidence were used to draw up July's Report on Interim Payments – the recommendations by Sir Brian Langstaff relating to compensation that the government has agreed to implement.


But the inquiry isn't over, with hearings booked in for
September. Other countries that have been implicated in the scandal have seen politicians and pharmaceutical companies convicted of negligence. It remains to be seen whether criminal trials will follow the Interim Report in the UK. 


Are you looking for legal representation at a public inquiry? At Milners we pride ourselves on being approachable, flexible, and plain-talking. Contact us now for a free consultation.

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