Why can haemophiliacs with hepatitis C get justice through the European Courts?
In order to show that someone, whether government or pharmaceuticals companies, was at fault for the administration of contaminated blood products, one would have to show that, prior to 1985 when heat-treatment began, it should have appreciated that there was a substantial risk of the transmission of HCV. As the disease was not identified until 1988, this would be impossible. It is unlikely that a European Court would find anyone liable for failing to take any additional steps to prevent transmission prior to 1985 as so little was known about the disease and its mechanisms. 8) It’s not fair that a person with haemophilia infected with HCV in Ireland (or Italy or Spain or Hungary) receives compensation from their government – can’t we use international law to sue the British government for unequal treatment in not giving the same compensation to people with haemophilia as other governments in Europe? The behaviour of foreign governments may be persuasive and may be used to put pressure
