Victims of the infected blood scandal, and the estates of deceased victims, should finally be eligible to receive compensation, by the end of the year from the recently established Infected Blood Compensation Authority (IBCA). This is an independent, arms -length body set up by the UK Government with the sole purpose of compensating the estimated 30,000 people who contracted Hepatitis B, Hepatitis C and/or HIV due to undergoing NHS treatment (usually a blood transfusion) using contaminated blood and other contaminated blood products, such as plasma, in the 1970s – 1990s.
Many of the victims of the infected blood scandal have sadly died and of those who have survived, thousands live with on-going health issues and have endured years of ill-health and painful and invasive medical procedures, through no fault of their own. This, coupled with the fact that they have had to wait decades for justice and compensation, has had a detrimental impact on the mental health of many surviving victims of the infected blood scandal who have suffered psychiatric illness, as well as physical ill-health.
Although there were previously four UK- wide infected blood support schemes set up to provide support payments to those who had contracted Hepatitis C and/or HIV due to receiving contaminated blood, these schemes were run by and administered by the NHS therefore they were not independent and anybody who had contracted Hepatitis B was not eligible to apply at all.
The four UK -wide support schemes (EIBSS, SIBSS, WIBSS, NIIBSS) will close to new applications on 31st March 2025 and even if a victim of the infected blood scandal has previously applied to any of these schemes and has had their application for support payments accepted or rejected, they will still be eligible to submit a new application for compensation to IBCA.
It has also recently been confirmed that the estimated 140,000 bereaved parents, children and siblings of infected blood scandal victims may be eligible to claim compensation in their own right, from IBCA, due to living with or caring for an infected loved one and witnessing their pain and suffering.
For people who are diagnosed before 1 April 2025, the Scheme will remain open to applications for compensation for 6 years from 1 April 2025 (until 31 March 2031). The proposed date for closing the Scheme to people with existing diagnoses will be reviewed within 3 years (by 31 March 2028) to ensure that it remains appropriate based on the numbers of applications and expected processing times. For people who are diagnosed after 1 April 2025, the Scheme will remain open to applicants for 6 years from their date of diagnosis.
We are aware that applicants to government schemes are often advised that they do not need to instruct a solicitor because the schemes are designed to be user-friendly so that people can submit applications themselves. However, in our experience of conducting claims and appeals in relation to existing government schemes, it is often the case that applicants receive a significantly increased amount of compensation when they instruct a solicitor.
This was also confirmed following research undertaken by the Association of Personal Injury Lawyers (APIL) in October 2023, which identified that those pursuing claims to the Criminal Injuries Compensation Authority (CICA) received six times more compensation when solicitors were instructed to appeal the original award. Crime victims received six times more injury compensation at appeal
We are also aware that many of the victims of the infected blood scandal have turned to charities for advice and support in relation to claiming compensation from IBCA which the charities do not have the resources or legal expertise to deal with. It is clear to us that what victims of the infected blood scandal really need is independent legal advice from qualified legal professionals who are experienced in dealing with compensation claims. Yet, despite this, they are often being advised that they do not need to instruct a solicitor at all.
We have spoken to many victims of the infected blood scandal who have found the rules of the compensation schemes to be complex, overwhelming and difficult to navigate themselves – particularly as they are often seriously ill and mentally exhausted from fighting for decades for recognition of their suffering and justice.
If you are a direct victim of the infected blood scandal, or you are a close relative of a living or deceased infected victim and you would like assistance with pursuing a claim for compensation to IBCA, please do not hesitate to contact Lucy Wennington on 01642 356 414 or by filling in our online enquiry form.
Call: 01642 356414