More than 30,000 people in the UK received contaminated blood products from the NHS before 1996, leading to infections with HIV, hepatitis C, or hepatitis B. Over 3,000 victims have since died, but families of those who passed away before the compensation scheme was established say they are being unfairly treated.

Financial Loss Calculated from Infection to Death

Under the current compensation framework, each infected person is entitled to a basic financial loss award of £12,500, plus an additional financial loss calculated based on loss of earnings after their infection. However, for those who died before the scheme began, families are only compensated for the period from the date of infection until the time of death, which in many cases was a short duration.

Charities, including the Haemophilia Society and the Hepatitis C Trust, have raised concerns that this approach results in a significant financial shortfall for estates. For example, a person who died in the early 1990s in the middle of their working life would lose out on nearly 50 years of potential earnings, according to an open letter from the charities.

“The current scheme creates the situation where an infected person is financially penalized for dying before the government finally agreed to properly address the scandal of infected blood,” the letter states. “They and their estates are being penalized for their inability to survive the wrongdoing of government, the very wrongdoing which the compensation is being paid to address.”

Voices from the Families

Ami Jai Presly, whose father, Jai Brahmbhatt, died in 1993 from complications related to contaminated blood, learned about the discrepancy when she calculated her father’s estate’s compensation. She found that the payment would only cover 16 years of financial loss, compared to what he would have received had he lived.

“The current framework creates a penalty for dying,” she said. “It’s unethical and wrong.” Her sister, Meera Pierson, added that the family’s life has been overshadowed by the scandal, and the loss of their father remains unquantifiable.

Rachel McGuinness, whose father, Christopher Thomas, died in 1990 from HIV, described the emotional and financial toll on her family. “Mum had to give up her job to look after him, and I went off to university at 18, but my brother was still at home at 16,” she said. “He was a young carer, helping Dad and Mum through those last couple of years.”

Disparity in Compensation

Ian Dixon, whose mother, Nora Worthington, was infected with HIV through a contaminated blood transfusion in 1982 and died in 1993, said the compensation framework creates a stark disparity. “Had Nora been alive, she would have received in excess of £2m, but instead, her estate will receive just over £1m,” he said.

“It’s not about the money,” Dixon added. “It’s absolutely about the recognition, the people who’ve lost their lives. Their lives should be equally valued as those who are fortunately still with us.”

Kate Burt, chief executive of the Haemophilia Society, emphasized that every infected person deserves equal recognition, regardless of whether they survived or died. “The credibility of the compensation scheme rests on this principle,” she said. “It is utterly unacceptable that decades after their loss, bereaved families are still fighting for fair recognition of their loved ones’ lives.”

A government spokesperson stated that the government is committed to ensuring justice for the victims and is currently considering responses to a recent consultation. “The government is now carefully considering the responses to the recent consultation undertaken with the seriousness that this issue deserves, and will publish its response within 12 weeks of the consultation’s closing date,” the spokesperson said.

The infected blood inquiry, chaired by Sir Brian Langstaff, is set to conclude its work on 31 March, having exercised its power to do so. Families and charities are urging the government to review the compensation scheme to ensure fairness and recognition for all victims, regardless of when they died.