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Hepatitis C Virus

In January 2003 Associate Nicholas Holmes settled 6 cases involving clients who were infected with the Hepatitis C Virus (HCV) when they received blood transfusions, blood products or transplanted organs, which were infected with HCV.

The cases formed part of a group of over 100 Claimants who were infected with the virus when they received blood transfusions, blood products or transplanted organs which were infected with HCV.

The total value of compensation obtained for the 6 clients of Alexander Harris was in excess of £550,000.

The majority of these claims were brought under the Consumer Protection Act 1987 ("the CPA"). This incorporates European Union Product Liability Directive 85/374 into English Law. Under article 6 of the Directive, a product is defective when it does not provide the safety, which a person is entitled to expect in all the circumstances. The injured person has to prove that the product was defective and that it caused them damage.

In the Hepatitis C cases, the defect was that the blood product that was infected with the Hepatitis C Virus. The damage occurred when the person who received the blood product became infected with the Virus.

The Product Liability Directive states that there is no need for a consumer to show that the manufacturer of a defective product was negligent. The manufacturer may not have even been aware of the defect at the time the product was manufactured. The consumer simply needs to prove that the product was defective and that it caused damage and that the product did not provide the degree of safety which persons generally are entitled to expect. This means that an innocent consumer who has been injured by a defective product is entitled to make a claim.

The manufacturer of the blood products was the National Blood Authority. During the period between March 1988 and September 1991, the National Blood Authority supplied blood products taken from donors who had Hepatitis C. It was not until the mid 1990's that blood donors who had Hepatitis C were traced and then those who had received infected blood products were tested to see if they had been infected with Hepatitis C.

The National Blood Authority argued that as the Hepatitis C Virus itself was not identified until May 1998 and routine testing of blood donors for Hepatitis C did not start until September 1991, they had no knowledge that the product was infected and that it would cause damage.

In these cases virtually all the Claimants who settled their cases did so on a provisional damages basis. The amount of damages (compensation) they received reflected the pain and suffering and financial losses caused by the Virus at the time of settlement. The reason for this is that the long term prognosis for the Virus is unpredictable. Some people can become completely free of the Virus, either spontaneously or through treatment. In others, it can cause very few physical effects in the short term, but can lead to very serious liver deterioration in the long term.

In the Hepatitis C cases, provisional damages settlements have been made on the basis that should the Claimant develop one of a number of "trigger conditions" at any time during their life, they can return to Court to obtain an award of further damages. The trigger conditions include developing certain types of sclerosis, liver disease, liver cancer or psychiatric problems as a result of infection with HCV. All the clients of Alexander Harris (except one who sadly died from unrelated causes) have accepted damages on a provisional basis, giving them the right to return to Court to obtain further damages at any time in their lives, if appropriate.

Compensation was also granted to those Claimants in the Group who had been infected with Hepatitis C but had not suffered any significant physical or psychological problems as a result. The fact that a Claimant had been infected at all was deemed to be worthy of compensation.

If you believe that you might have a legal claim relating to Blood Transfusions, please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Blood Transfusions.

If you have any comments in relation to Blood Transfusions, please use the online discussion forum.