[sci.med.aids] Australian Haemophilia PWA's To Sue

Rob.Bates@ncar.UCAR.EDU (Rob Bates) (09/19/89)

[Reproduced with permission from Melbourne Star Observer #104, 8 Sept 89]

Hundreds of Australians with haemophilia who contracted HIV through treatment  
with contaminated blood clotting agent between 1983 and 1985 may sue the Red  
Cross Blood Bank and the hospitals at which they were treated if a test case in  
Melbourne is successful.

Following a decision by the Federal Health Department not to financially  
compensate HIV infected people with haemophilia, writs were lodged in the  
Victorian (State) Supreme Court naming the the Red Cross Blood Bank, The  
Alfred, Caufield and Southern Memorial Hospitals and the Commonwealth Serum  
Laboratories as defendants. They are being sued for negligence.

The name of the litigant was been suppressed by the court, but it is believed  
that if the case is successful, many more such cases will be filed.

Haemophilia is an inherited disorder affecting the male children of women  
carrying the gene. The bone marrow of those affected lacks the ability to  
manufacture a vital blood clotting agent. Modern treatment involves regular  
injections of this clotting agent derived from the blood of other people.

Many people with haemophilia were infected with HIV following treatment with  
clotting agent derived from the blood of HIV infected blood donors before the  
Red Cross Blood Bank took measures to screen all blood donations.

It is believed that about one in four of Australia's 1,600 people with  
haemophilia is HIV infected as a result of treatment with HIV infected clotting  
agent. Twelve have died and another 12 have developed symptoms of AIDS.

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