How did the lawyers representing people with haemophilia with HIV in the 1980s win compensation for them?
The HIV cases were different because HIV was identified and understood, to a degree, prior to the introduction of heat-treatment. This meant that any delay in introducing heat-treatment would have led to people receiving contaminated Factor VIII unnecessarily and the government’s conduct was criticised on this basis. It was argued that the government knew of the risks of HIV and knew that heat-treatment would eliminate these risks, yet failed to act promptly to take the necessary steps. However, it would have been very difficult to prove in court that the government was at fault and in 1991 the Plaintiffs reached a settlement with the government on the basis that the government did not formally accept legal responsibility for the infection and the Plaintiffs received compensation at a lower level than they might have done had they succeeded in court. The Macfarlane Trust deals with the administration of the compensation payments.
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