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Contaminated Blood: Lord Horam supports compensation in Victims and Prisoners Bill debate, 28 years after Newcastle campaigner writes to him calling for compensation.


Lord Horam giving evidence on the Contaminated Blood scandal

(Image via the Infected Blood Inquiry posted on Twitter)

The following is an open letter to Baroness Brinton and Earl Howe from Carol Grayson, the author of this blog, following the Victims and Prisoners Bill debate in the House of Lords 16th February 2024. Grayson lost her husband and brother in law to the Contaminated Blood scandal.

Dear Baroness Brinton and Earl Howe,

Thank-you so much for your important and valuable contributions to the Victims and Prisoners Bill debate yesterday and also your kind mention of Colette (Wintle) and I in terms of the US litigation which my late husband Pete and I initiated around 2002, and our “indomitable spirit”. We have the signed agreement with the pharma companies which should certainly help regarding compensation as we were both officially accepted, with a legal agreement and silence clause.

You might find this interesting on my blog,

Contaminated Blood: US legal depositions from expert witnesses used to help win haemophilia cases released to UK Infected Blood Inquiry

Posted on September 20, 2019 by Carol Anne Grayson

It was something of a shock to see Lord Horam at the debate and to realize it was 28 years since I wrote to him via my (then) MP Jim Cousins, who also penned his own letters and received Horam’s replies, forwarded to me. Colette and I began campaigning in 1994 on hepatitis C one year BEFORE the Haemophilia Society who kept falsely claiming, hepatitis C was “no big deal”! Finally after a year of relentless pushing for the Society to act, they gave in and began their own campaign in 1995.

I highlighted and included the following issues (see below) to John Horam in 1996 when he was Parliamentary Under Secretary of State for Health. I had previously written to Leonard Levy at the Dept of Health. The correspondence back and forth was submitted to the Infected Blood Inquiry. My letters highlighted,

  1. Delays in introducing a hepatitis C test in 1991 when other European countries tested earlier to err on the side of caution.
  2. Testing for hepatitis C without “informed consent” of haemophiliacs and withholding positive test results.
  3. The “high-risk” sourcing of US plasma with specific references.
  4. The failure of doctors to warn haemophilia patients of the dangers of hepatitis C
  5. Governments knowledge of the dangers of hepatitis C not shared with haemophiliacs at the time of the HIV litigation when the dangers were played down.
  6. Deaths due to hepatitis C in the UK haemophilia population
  7. Horrific deaths of haemophiliacs as a result of HIV infection.
  8. The inclusion of an hepatitis Undertaking (which I nicknamed the “waiver”) included in the 1991 HIV litigation.
  9. Viral inactivation
  10. The Macfarlane Trust
  11. Panorama documentary called “Bad Blood”
  12. The announcement of a compensation scheme in Eire (1996) and my call for what I termed “compensation on a parity with Eire” for haemophiliacs and their families.
  13. The Japanese compensation settlement announced in the Times and contribution to compensation from pharma companies.
  14. Questioning whether the US pharmas had contributed to any payments in the UK.

Government replies referred to “inadvertent infection” these words were withdrawn as incorrect in 2010 after Colette and I took damning evidence to our meeting with Anne Milton (Health) at Westminster. Government also denied negligence and refused to accept liability (1996).  Pete and I began our legal case to overturn the hepatitis waiver in the HIV litigation so we could litigate for hepatitis C as the waiver signed by haemophiliacs in 1991 prevented this. At that time haemophiliacs did not know their hepatitis C status though the HIV litigation (1991) highlighted that around 99% of haemophiliacs infected with HIV were hepatitis C positive. The only ones who escaped were haemophiliacs with inhibitors that could not tolerate factor concentrates.

My MP Jim Cousins wrote to Horam with reference to haemophiliacs and families, “I would strongly urge the government to reconsider (underlined) the issue of compensation in these cases.

How different our lives might have been if haemophiliacs and families had been compensated in 1996. Today in 2024, we are still waiting and continue to be delayed by government!

Anyway, I am glad Lord Horam is now supporting the need for urgent compensation. Also the letters are a TRUE record of our history and ironically due to the content show Jason Evans, Factor 8 Group once again rehashed what I said decades ago which is NOT new information or evidence as he keeps FALSELY claiming! It is time government acknowledge my awarded work and APOLOGISE to me publicly and condemn those creating FAKE timelines of discovery of documents and evidence! The Inquiry are not stupid and can see for themselves who knew what and when!

I would also like to highlight the contribution made by Baroness Lynn Featherstone at the debate yesterday. The woman is a disgrace. She contacted me alongside Lynn Kelly (Haemophilia Wales) for evidence from my awarded research on Contaminated Blood as neither woman had the relevant documents to tackle the much needed withdrawal of the 2006 Government Report (the so called “definitive” report) which I critiqued for my dissertation. This featured in an ESRC publication (Summer 2009 Issue 4) covering “research that has influenced society since the moon landing” in 1969.

DHSC0200111 – Self Sufficiency in Blood Products in England and Wales – a Chronology from 1973 to 1991 – 27 Feb 2006

https://www.infectedbloodinquiry.org.uk/evidence/dhsc0200111-self-sufficiency-blood-products-england-and-wales-chronology-1973-1991-27-feb

My emails back and forth with Featherstone and Kelly (with Colette copied in as my witness) show I bent over backwards to assist them. However when it came to their meeting with Sir Christopher Wormald, instead of supporting me to explain and deliver my own research, they excluded me, took my evidence to him minus referencing me. I have kept the relevant emails. The report was then withdrawn and they received the apology not the academic that carried out the research (myself). I am STILL waiting to be properly acknowledged and for an apology from Wormald see letter attached. I note Featherstone named and praised Jason Evans who has rehashed much of my awarded research minus any referencing since he appeared on the campaign scene in 2017. He is now funded by the Terrence Higgins Trust and used by many people to cancel me out and present FALSE timelines of who knew what and when.

To reiterate, before the Inquiry began I was threatened that I would be cancelled out of my own campaign history and mainstream media as “punishment” for my other campaigning on the human rights of Palestinians. This is exactly what has happened apart from my local media, the Journal, Newcastle that have known me for 24 years. I will do all I can to ensure the Zionists responsible for WEAPONIZING “antisemitism” against me and my cancelling out are fully held to account though that will no doubt have to be part of South Africa legal cases due to the continued cover -up here in the UK. It is very dirty politics that must be challenged!

Kind Regards

Carol

Grayson wishes to thank ALL those who took time to research and speak at the Victims and Prisoners Bill debate yesterday. This includes Lord David Owen who has worked tirelessly for decades fighting for the truth to be heard and for justice for Contaminated Blood victims, his ongoing support is greatly appreciated. She would also like to thank Baroness Campbell of Subiton for highlighting the diffuclties experienced by partners of haemophiliacs, (many now bereaved) whose first husband died as a result of receiving contaminated blood products. She also pays tribute to Lord Cormack who died recently. Baroness Brinton stated,

The noble Lord, Lord Cormack, told me he was going to speak, and his death over the weekend leaves a large gap, not just in Parliament but for the victims of the infected blood scandal and their families, whom he supported.

He said in the Commons on 13 November 1989:

“No one can give back to these victims the hope of a normal life that was once theirs. No one can remove the uncertainty with which they and their families live from day to day—the uncertainty of when the bell will toll. If any group of people live in the shadow of death, they do. It is no wonder that their story has been described as the most tragic in the history of the NHS … I hope that we shall have a full and good answer from the Minister, but whatever he says, unless he agrees to our request, the campaign will go on and we shall not go away.”—[Official Report, Commons, 13/11/89; cols. 153-55.]

Patrick, we shall go on. May you rest in peace.

The text of the letter to Sir Christopher Wormald (dated 20th November, 2017) can be read below,

For the urgent attention of Sir Chris Wormald, KCB, Permanent Secretary at the Department of Health  

Contaminated blood, Self Sufficiency report 2006 not to be used, my research vindicated

Dear Sir Chris Wormald,

It has come to my attention from a reliable source that due to serious omissions and inaccuracies in the 2006 report “Self-Sufficiency in blood products in England and Wales: A chronology from 1973 to 1991” you have advised in a letter dated 30th August 2017 that “the department should not refer to this document in any future correspondence or for briefing Ministers”. I have viewed this letter.

I commend your decision to finally act on this and do the right thing as both Labour and Conservatives at the highest level have repeatedly blocked and deceived us with this document which is far from an accurate timelines of events with crucial documents excluded. However the government must now address the serious damage that has been done to haemophiliacs and their families since the release of this report from unnamed authors. It is important to note that this report was published as a DIRECT RESPONSE to a dossier of documents submitted to government by the Newcastle Journal and I in our award winning “Bad Blood” campaign. This can be read in back copies of the publication.

As a victim of the “worst medical treatment disaster in the history of the NHS” (as stated by Lord Winston) I critiqued the Self Sufficiency report for my ESRC Michael Young award winning dissertation in 2006, an award presented to me by Sir Peter Bottomley who coincidently happens to be Chair of the APPG for Haemophilia and Contaminated Blood. I also received the COTT Action = Life award in Washington DC for “upholding truth and justice and services to haemophiliacs, HIV and hepatitis C” in recognition of my work but for years the government would not act on my research findings. As I wrote, even the title is a joke as the UK FAILED to achieve Self-Sufficiency… The report should have begun with the words “failure to achieve self-sufficiency in blood products” to reflect the tragic reality which resulted in the loss of the lives of so many of the UK haemophilia community given contaminated blood. I was able to trace my husband’s imported factor concentrate treatment directly back to infected donors selling their blood in Arkansas State Penitentiary with the help of our US lawyers using the batch numbers.

I assisted the 2 ladies who came to see you on this issue, a campaigner from Wales and a Baroness as they requested of me in writing and by phone but apparently one had decided they could present my research on the inaccuracies better than the actual author and excluded me from the meeting until I protested by which I was too distressed as a widow to deal with them anymore. I lost 2 of my family to this disaster, my husband and brother in law from HIV and hepatitis C and a third victim my father in law who died of a heart attack due to the stress of losing his youngest son and campaigning for justice. This has severely impacted on our daily lives and after their deaths left me severely traumatized and now suffering chronic health problems myself. I wrote my dissertation in the months immediately following the death of my husband.

My research has been REPEATEDLY BLOCKED by the government for years despite presenting this in a face to face meeting with Anne Milton in 2010 in the presence of fellow campaigner and contaminated blood victim Colette Wintle with Rowena Jecock and others present from the Blood Policy department and asking for a response on the content. All I got was thank-you, well done on your award letter WITHOUT government addressing any of the issues which I had been promised.

I am furious at the way I have been treated as both a victim and a researcher and request a full written apology from the government as a matter of urgency.

Under Freedom of Information I request to be informed of every time the Self Sufficiency Report 2006 was referred to both in parliament and by politicians with regard to decision making as the haemophilia community was REPEATEDLY told also in personal letters that this document has been used to affect major decision making under both Labour and Conservative governments. This includes whether to “compensate on a parity with Eire” for the current financial Consultation and the scrapping of the Trusts that supported the haemophilia community. In fact it is referred to in parliament as the so called “definitive report” when my research showed it is not worth the paper it is written on due to the omissions as key evidence. I have read the omitted documents in detail so am fully aware of the content which shows alleged negligence of public bodies and serious safety violations time and time again. Not surprising then that these documents were not included in the DOH report!

All government decisions affecting haemophiliacs from 2006 must now be reviewed as a matter of urgency due to the fact the government were very keen to emphasize their reliance on this sham of a report. This has had serious consequences for our community.

You should be aware that many of the documents now being released via the National Archives at Kew are those I returned in 2006 via solicitor Paul Saxon of Blackett Pratt and Hart, Newcastle upon Tyne which formed part of my late husband’s legal files in the 1991 HIV litigation. These were documents utilized within my dissertation with their return to parliament recorded in letters, in Hansard in 2006 with questions from Lord Jenkin of Rodin who tried to assist us in obtaining the truth from government and in the Guardian and other media. They are copies of documents that government wrote to me had been “inadvertently destroyed by an over zealous civil servant” along with the records of former Health Minister Lord David Owen who put money aside for the UK to become self-sufficient in blood products and continues to back my research in writing. After he left the Health Department he discovered his commitment had not been followed through and he has stated in the Guardian that if there was ever a Public Inquiry the government wouldn’t have a leg to stand on. He has called for haemophiliacs to be compensated which has never happened to this day.

If I had not returned copies to them in 2006, due to the government’s destruction of their own records there would be hardly any blood policy documents to review in the National Archives at Kew and show the history of blood policy in the UK and how haemophiliacs came to be contaminated. Perhaps that was the idea? All of the above was shared with the 2 women who met with you and is recorded and others they referred to me.

I look forward to your response as a matter of urgency and call on the government to do the right thing finally and compensate haemophiliacs and their families on a parity with Eire as recommended by Lord Archer of Sandwell in his report “on loss and need” on the grounds of “extraordinary suffering”. The Archer Inquiry had no remit to include liability and therefore Lord Archer informed me that he could not include certain documents shared with him that showed alleged liability but he did utilize a lot of my research and echo my recommendations.

This DOH report has made the situation far worse for haemophiliacs and more have died since its publication going to their graves denied justice. This has got to stop now.

A 2010 review won in the High Court that relied on documents acquired by Colette Wintle and I also showed that Lord Warner (Labour) had misled parliament and the public for years giving a false narrative on Eire, a false narrative relied upon and continued by the Tory government. I have repeatedly written asking them to change this and apologize. There are so many things that need urgently rectifying its hard to know where to start. For years campaigners were told it was not in the public interest to hold a Public Inquiry, finally Theresa May overturned this nonsense, blood safety is an issue for all. Now we need to ensure a suitable Chairperson and panel is appointed as soon as possible for the Public Inquiry… government should not delay the proper compensation promised by David Cameron any longer, victims have waited long enough!

I would also like to draw your attention to the fact that the longest standing haemophilia campaign groups Haemophilia Action UK, Manor House Group and independent campaigner Colette Wintle (Women Bleed Too) with the most knowledge and evidence were deliberately left out of meetings on the financial Consultation and from that point on boycotted it in protest. Therefore I and others allege that the Consultation is undemocratic, unethical and allegedly illegal as the original solicitors representing haemophiliacs in the 1991 HIV litigation under Justice Ognal were not informed of changes so were unable to ensure their old clients had relevant legal representation and advice on their rights. We were essentially blackmailed, told if we did not sign to go to the new organisation our money would be stopped in November. This is not “informed consent” as I was unable to obtain answers to my questions about the future impact on widows and whether their money would be reduced or stopped at the time of signing.

Incredibly despite my late husband being told he and his family would have substantial security for life by lawyers and echoed in written Parliamentary statements, there is now the threat of our money being reduced or monthly allowances on which widows have relied for years being scrapped. This is totally unacceptable. The original lawyers in the HIV litigation have been informed and are as shocked as I and remain deeply concerned regarding what happened in 1991 and as they put it alleged culpability of government with incriminating documents kept out of court, documents that I only saw years after my husband signed a waiver now alleged to be illegal not to take legal action for a second infection with hepatitis C.

Hence government divided our community and families between HIV and hepatitis C infection when both should have been argued together in 1991. (A top QC alleged the signing of the waiver could not have been “informed consent” due to the fact my husband was not told he had hepatitis C at the time and his positive test result was withheld for years!) This dividing of our community was exceptionally cruel given that there may be several haemophiliacs in the same family on different levels of support or for years no support. This was a terrible mistake but a government mistake so do not even think of punishing widows that had nothing to do with this decision by removing their money next April.

I look forward to your prompt response and thank-you again for withdrawing the use of this report. The media are copied in to this letter along with supporting politicians.

With thanks

Yours sincerely

Carol Grayson

Carol Anne Grayson is an independent writer/researcher on global health/human rights/WOT and is Executive Producer of the Oscar nominated, Incident in New Baghdad.  She was a Registered Mental Nurse with a Masters in Gender Culture and Development. Carol was awarded the ESRC, Michael Young Prize for Research 2009, and the COTT ‘Action = Life’ Human Rights Award’ for “upholding truth and justice”. She is also a survivor of US “collateral damage”.

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