Man wins infected blood payout case

Friday, 16 April 2010

Andrew March contracted HIV and hepatitis C through NHS treatment with contaminated blood products

Andrew March contracted HIV and hepatitis C through NHS treatment with contaminated blood products

An award-winning composer who contracted HIV and Hepatitis C through NHS treatment with contaminated blood products has won his legal challenge over compensation payments.

Haemophiliac Andrew March, 36, had sought a judicial review quashing the Health Secretary's May 2009 decision not to implement fully the recommendations of the Archer Report on supplies which were not adequately cleansed before use.

The Government has refused to assess compensation on the same basis as in the Republic of Ireland as it considers that the Irish blood transfusion service was found to be at fault, which was not the case in the UK.

At a hearing last month, Mr March's counsel, Michael Fordham QC, told Mr Justice Holman a judicial review was warranted as the decision was made for manifestly bad reasons.

"What we say is that the Secretary of State should reconsider this important aspect on a correct basis."

Supporters of Mr March, of Edith Road, West Kensington - who attended London's High Court for the ruling - applauded as the judge said he was satisfied that the Government's approach "has been, and remains, infected by an error".

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