Lawyers can help infected blood victims get what they deserve - Jamie Lyons

Between the 1970s and the 1990s tens of thousands of individuals received blood products contaminated with HIV, Hepatitis B, and Hepatitis C. These infections caused severe health problems that had an adverse impact on every aspect of their lives. It also tragically led to the loss of around one in ten of those infected.

Victims and their families have campaigned tirelessly for decades for justice, acknowledgment, apology, and compensation. The IBCA aims to address these injustices and right historical wrongs.

Initially chaired by Sir Robert Francis on an interim basis, the IBCA’s primary mandate is to publish the compensation scheme, process claims efficiently, and maintain a victim-focused approach.

The scheme promises to be comprehensive, covering not only those directly infected but also affected family members and carers. While full eligibility criteria are still to be confirmed, the scheme will extend to spouses, partners, children, parents, siblings, and carers.

It also applies to those who were indirectly infected via someone who received contaminated blood products. Its scale is enormous, and many people will be eligible without even knowing.

The compensation framework is designed to reflect the severity and impact of the infection, with varying amounts based on individual circumstances. The proposed tariff of payments involves significant sums of money, and justifiably so.

Despite the Government’s commitment to making the process as simple as possible, the multiple categories of awards and sliding scale of compensation is likely to mean claims are complex and time-consuming. Families may also require to make more than one claim, for example someone who was infected, and also had an infected or affected loved one.

While victims and their families will be able to apply for compensation directly, experienced and qualified advisers will be able to help them receive what they are justly entitled to. Legal representatives can also assist in compiling the required documentation, gathering medical evidence, meeting application deadlines, and avoiding common pitfalls that could delay or put claims at risk. Their involvement can significantly reduce the emotional and administrative burden on victims and their families, who have already endured significant distress.

Interim payments are already available for people who contracted hepatitis C and/or HIV from NHS blood or blood products before September 1991 and for married, civil or long-term partners after the death of someone who received infected blood. The interim payment process for awards to estates following the death of a victim, is still being finalised.

It is important to note that accepting an award from the IBCA does not preclude further litigation. For those deemed ineligible for the scheme, or if additional grounds for claims exist, legal avenues through the courts may still be available.

The establishment of the IBCA is a profound acknowledgment of the failings of the past. It symbolises a commitment to righting those wrongs and provides a framework for justice and reparation.

Its success will ultimately be measured by its execution. The government and the IBCA must ensure that the process is conducted with the utmost sensitivity, efficiency, and fairness. It is the very least the victims of the scandal deserve.

Jamie Lyons is a senior personal injury solicitor at Thorntons Law