Victims of the infected blood scandal say they are “waiting to die in limbo” as Sir Brian Langstaff delivers a damning new report criticising the compensation scheme’s “obvious injustices” and exclusion of thousands of victims.
The chair of the Infected Blood Inquiry has published a scathing 210-page report highlighting how compensation has been drafted without direct involvement from victims. Despite government promises, just 430 people have received payments from the thousands affected by what has been called the worst treatment disaster in NHS history.
For decades, more than 30,000 NHS patients were knowingly given infected blood products, resulting in over 3,000 deaths. Survivors continue living with HIV, hepatitis and other long-term health complications from the contaminated treatments.
Damning Statistics
The latest figures reveal the glacial pace of compensation delivery. Of those eligible, 2,043 have been invited to start claims, but only 616 have received offers. Just 430 payments have been made to date – a fraction of the tens of thousands affected.
“For decades, people who suffered because of infected blood have not been listened to,” Sir Brian Langstaff states in his report. “Once again, decisions have been made behind closed doors, leading to obvious injustices.”
The inquiry chair warns that more people have been harmed by their treatment under the compensation scheme itself. His intervention comes after mounting criticism from victims’ groups about the scheme’s design and implementation.
‘Illogical and Unjust’ Exclusions
The report identifies multiple “obvious injustices” within the compensation framework. Most controversially, anyone infected with HIV before January 1, 1982, is automatically excluded from compensation – a rule Sir Brian calls “illogical and unjust.”
“This rule completely misunderstands (or ignores) the central fact that blood products used before this date were already known to carry a risk of a dangerous virus – Hepatitis,” the report states. The arbitrary cut-off appears based solely on legal advice to minimise government liability.
One mother describes the devastating impact of this exclusion on her daughter, who was invited to claim compensation only to be told she was likely “ineligible” due to pre-1982 infection.
Cruel Requirements
The scheme also imposes what Sir Brian describes as unrealistic evidence requirements for proving psychological harm. Victims must show they were diagnosed and treated by a consultant psychiatrist either as an in-patient or in hospital for six months.
“Consultant psychiatric services were not the norm across every part of the country,” the report notes. Many victims, facing severe stigma, never disclosed their infections even to close family, making such medical evidence impossible to obtain.
The expectation of psychiatric treatment “would have involved revealing to an unknown clinician what that person dared not reveal, especially if there was a chance that it might leak out,” Sir Brian observes.
Voices of Despair
One unnamed victim captures the anguish felt by thousands: “It feels as if we are waiting to die in limbo, unable to make any progress in our lives and fearing that as our health declines, we may not ever get the compensation we deserve.
The mother of an infected daughter speaks of “unbearable and intolerable” cruelty after her child was deemed ineligible. “To reach this stage of the proceedings to be faced with the unbearable possibility of her claim being declined is yet another nightmare to be somehow endured.”
These testimonies reflect widespread frustration among a community that has waited decades for justice, only to face new obstacles in accessing compensation.
Expert Group Excluded
Remarkably, the expert group advising government on compensation design was prohibited from taking evidence or hearing directly from any victim of the scandal. This exclusion of lived experience has resulted in a scheme disconnected from victims’ actual needs.
“It is not too late to get this right,” Sir Brian insists. “We are calling for compensation to be faster, and more than that, fairer.” His recommendations include allowing people to apply proactively rather than waiting for invitations.
The inquiry chair also calls for prioritising applications from those who are most ill, elderly, or have never received any compensation – recognising that victims continue dying each week.
Treatment Impacts Ignored
The report highlights how the scheme fails to recognise the full impact of hepatitis infections and the devastating effects of interferon treatment. The vast majority who received interferon suffered severe psychological and physical consequences, yet these are not adequately reflected in compensation calculations.
The impacts of infection with Hepatitis is not being fully recognised in the scheme as it stands,” Sir Brian warns. This represents another layer of injustice for those whose lives were destroyed by contaminated blood products.
Government Response Awaited
The Infected Blood Inquiry’s final report in May 2024 exposed what it called a “pervasive cover-up” within the NHS. The government accepted recommendations for comprehensive compensation, allocating £11.8 billion in the October 2024 budget.
However, implementation has been plagued by delays and bureaucratic obstacles. The Infected Blood Compensation Authority (IBCA) began operations in 2024 but has processed claims at a pace victims describe as insulting given their deteriorating health.
Support payments through existing schemes continue until March 2025, after which they will be counted against final compensation awards. For many victims, this creates additional uncertainty about their financial future.
Urgent Reform Needed
Sir Brian’s recommendations aim to accelerate and improve the compensation process. Key proposals include removing arbitrary exclusions, simplifying evidence requirements, and ensuring victims’ voices shape scheme design.
“We are calling for compensation to be faster, and more than that, fairer,” he emphasises. The report represents a powerful intervention from the inquiry chair who spent years documenting the scandal’s devastating impact.
As victims continue dying without receiving compensation, pressure mounts on the government to implement urgent reforms. For those “waiting to die in limbo,” Sir Brian’s report offers hope that the obvious injustices might finally be addressed.
Follow for more updates on Britannia Daily
