I wrote an article in July 2020 highlighting the “First Do No Harm” report which came about following the independent Medicines and Medical Devices Safety Review.

You can read it again here which will give some context to the comments made by Theresa May. The report was long overdue and rightly recognised errors that had been made and the deficiencies within our healthcare system in utilising and dealing with these drugs and products. Like Theresa May, I had hoped that the government would implement plans to carry out the recommendations sooner rather than later.

In an interview for Sky News, Mrs May said: “I think it is important that the government looks at the whole question of redress and about how that redress can be brought up for people. They had an apology and that’s important but obviously lives have suffered as a result”.

The government’s apology will undoubtedly be welcomed by the families affected by this tragic situation, and some who are now having to cope with lifelong difficulties will also be awaiting to see how the government responds to the review team’s recommendations. Clarity and action on that remains outstanding.

Whether or not any form of ex gratia payment scheme is developed and is deemed to be appropriate remains to be seen, but it could well be that the families who believe that they have suffered avoidable harm will have to pursue a formal legal claim for the redress that they seek.

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If you have any questions relating to this e-briefing or matters relating to it, please contact Rankeshwar Batta who will be happy to speak with you.