The Contaminated Blood Campaign recently met with Emma Jones, a solicitor at Leigh Day and barristers to talk about a “back payment” damages claim for members of the contaminated community who have hepatitis C. The claim would be on the basis that their symptoms may fall within the definition of disabled according to the Equality Act and that in the past they have been treated differently to other members of the community who contracted a different virus, namely HIV. The claim for damages arises because of the difference in payments between the MFT, Eileen, MFET funds, and the Skipton and Caxton funds.
The legal action potentially applies to the following. Those designated by Skipton as “Stage 1”; those who have been designated as “Stage 2” – since they may have a claim for the period when they were disabled but still designated as Stage 1. Those infected with both HIV and hepatitis C “Stage 1”.
The legal action also potentially applies to all widows/widowers/estates and dependent children of those individuals who were infected with hepatitis C only on the basis of the difference in payments between the MFT/Eileen funds and the Caxton foundation.
The legal action potentially applies to individuals from anywhere within the United Kingdom since the action is aimed at being treated differently in the past where the HIV and hepatitis C funds for England, Scotland, Wales and Northern Ireland were all and still are administered together. The legal action also applies to individuals with or without bleeding disorders.
The legal team are exploring possible avenues and will be writing to the government at the beginning of June about this issue. At that time, Emma will set out how many individuals she acts for and the basis of the potential claims. If you would like to put yourself forward to be included, please contact contaminatedblood@leighday.co.uk or phone number 020 7650 1337 by no later than 6 June 2016.
There would be no direct cost to be part of this action and the funding process would be explained if you wish to participate. You would also be able to change your mind at a later date and withdraw if you wished to do so.
Potential claimants should be aware that there is no guarantee of success in any legal action.