Infected Blood Compensation

When you need a blood transfusion, you have every right to expect that the blood you receive meets the highest standards of safety. For this reason, donated blood is subject to very strict control procedures to ensure it is safe for use. However, when government authorities fail to screen blood effectively, or when medical professionals fail to administer blood safely, patients may be given infected blood, which can have life-changing consequences.

If you received infected blood during a blood transfusion or as a treatment for haemophilia, you may be entitled to claim infected blood compensation. JMW Solicitors’ clinical negligence team has experience securing compensation for infected blood victims, and we will work tirelessly to secure the compensation you deserve.

We understand the emotional strain that people feel when they are failed by a medical professional, and we handle every case with care and sensitivity. An infected blood compensation payment can help you to adjust to your new circumstances more comfortably and ensure that the people responsible are held to account.

If you were treated with blood that caused you to develop an illness, speak to JMW Solicitors and learn more about making an infected blood transfusion compensation claim. Call us on 0345 872 6666, or complete our online contact form to arrange a call back at a convenient time for you.

How JMW Can Help

JMW’s clinical negligence team has significant expertise in complex cases, and can bring a wealth of experience to bear. This ensures we explore every avenue and consider every facet of your case, to help you secure the maximum amount of compensation to which you are entitled.

Our solicitors have been recognised by the Action against Medical Accidents (AvMA) Specialist Clinical Negligence Panel, and some members of our team have received a Clinical Negligence Accreditation from The Law Society. This demonstrates our expertise in this area of law and our commitment to providing the highest standard of legal services to every client in every circumstance.

Solicitors from JMW are also advising claimants who may have claims arising from the issues that were investigated by the Infected Blood Inquiry and will be the subject of the Inquiry Chair’s report in May 2024. No matter the specifics of your situation, get in touch with JMW today to learn how we can help you.

What Are the Most Common Causes of Infected Blood?

There are two scenarios in which patients receive infected blood, each of which will be handled differently when it comes to claiming compensation:

• Blood that became infected due to negligence on the part of a medical professional
• Infected blood or blood products that were not screened effectively for diseases before they were administered

In cases like the former, patients will often be able to make a medical negligence compensation claim. Speak to a solicitor about your circumstances to learn more about the process and start your claim. It is important to do this as soon as possible - in most cases, there is a three-year window in which you must start your claim from the date that you learned of your illness and its connection to infected blood.

In the latter cases, you may also be able to obtain compensation, but your ability to do so and how you can claim compensation could be different and may depend on when you received the infected blood or blood products. The Infected Blood Inquiry was set up to look into failures in screening blood products from the 1970s to the 1990s that resulted in around 30,000 people being infected by contaminated blood and its final report is due to be published on 20 May 2024. The Inquiry chair has already recommended that the government properly compensate those who were affected as a result of receiving contaminated blood. 

An initial payment of interim compensation was made to some victims in 2022, but many others have not yet received compensation. We await further news from the government on whether it will set up a full compensation scheme as recommended and, if so, who will be able to submit a claim under the scheme. However, it may still be worthwhile to speak to a solicitor to learn how they can help.

Infected Blood Compensation: How to Claim for Medical Negligence

Blood and blood products that have not been properly screened or tested can cause patients to develop infections like hepatitis and HIV, which can have serious long-term consequences. Blood that is not stored properly may also become infected and cause illnesses in patients who are administered this blood as part of their treatment.

If this has happened to you, you may be entitled to compensation. To start a claim for infected blood compensation, contact a member of the team at JMW today. We will be able to discuss your circumstances in a free initial consultation and advise you on whether or not you are eligible to make a claim. If you decide to move ahead, we will begin building your case and reviewing evidence straight away.

It is vital to secure representation from legal experts when pursuing a claim of this type. Our medical negligence solicitors can ensure that every aspect of your case is considered and build the strongest base of evidence for your claim. In medical negligence claims, we can arrange for an independent medical expert to review your case, which can help to prove the connection between infected blood and the illness you later contracted. They may also be able to comment on failures in care that led you to be given infected blood and estimate the impact of the situation on your life, which can support your effort to secure compensation. In this way, you will have the highest chance of successfully securing infected blood compensation.

Making a claim if you were infected or affected by the failures in screening in the 1970s-1990s

The process of making a claim as a result of the failures in blood screening from the 1970s to 1990s may differ from a standard medical negligence claim, although it is impossible to say with any certainty at this stage how compensation will be awarded. In 2022, the government paid £100,000 to each victim who was registered with a UK support scheme, or to partners in some cases where victims had died, as interim compensation. Now, the Infected Blood Inquiry has recommended that the government set up a compensation scheme to provide further redress for people infected and affected by infected blood and the government have said they are looking into this but it is not yet clear if or when a scheme will be up and running.

We expect that further compensation will be paid to patients (and the families of patients) who received infected blood due to failures in government oversight, but because a full compensation scheme is yet to be implemented, it is difficult to advise on the best way of claiming compensation or how the claims process will work at this time.

Even so, you should speak to a solicitor at your earliest opportunity if you experienced similar circumstances or believe that you may be eligible for compensation from the government. The experts at JMW Solicitors can advise you on the next steps you should take and ensure that you are kept informed about the government’s plans for a compensation scheme and any alternative course of action you can take.