Composer who caught HIV from NHS blood wins court battle

Published on Friday 16 April 2010 22:41

AN AWARD-WINNING composer who contracted HIV and hepatitis C through NHS treatment with contaminated blood products has won his legal challenge over compensation levels.

Haemophiliac Andrew March, 36, had criticised the government's refusal to match higher payouts in the Republic of Ireland.

Mr Justice Holman said the way the government had reached its decision was flawed, though he said it was not up to him to rule on the amount paid.

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

The judge said he wished to make absolutely clear that the allocation of resources was entirely a matter for the government.

But it had been faced with a specific reasoned recommendation, which it had rejected, of comparability or equivalence with Ireland, where "very much higher" payments were made to sufferers and their dependants.

He said that, when pressed as to why they had rejected comparability, they had not merely repeated that they could not afford it but given a reason which, in his view, contained an error and did not withstand scrutiny – that they continued to regard the Irish system as based on fault rather than on compensation.

He added that he wished to make "very, very clear" that he had merely quashed the existing decision in relation to the relevant recommendation.

The judge refused permission to appeal although leave can be sought from the Court of Appeal.

Outside court, Mr March said: "Having the judgment go in our favour gives us no pleasure at all.

"The judge's decision proves the flawed basis on which the government made its decision not to implement the recommended compensation scheme."