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Surgery Compensation Claims

Blood Transfusion Claims

Blood transfusions are essential for people who suffer significant blood loss after major trauma, either in an accident or during surgery. They are also routinely used to treat conditions such as haemophilia. However, if the blood product used is contaminated, or of the wrong blood type for the patient, it can have life-altering consequences.

If you’ve received negligent treatment during a blood transfusion or been given a contaminated blood product, our lawyers could help you claim compensation.

You might be able to claim if you have been:

  • Treated with a contaminated blood product and contracted Hepatitis A, B or C or HIV
  • Given the wrong blood type
  • Given a transfusion in error
  • Given a transfusion without your consent

The manufacturers and suppliers of blood products have a duty to prevent contamination and stop any contaminated products reaching hospitals for use on patients. Hospitals have a duty of care towards their patients, to ensure the treatment they receive is necessary and accurate. If they have failed in their duty, our blood transfusion lawyers could help you get the compensation you deserve.

If you believe you have been given a negligent or contaminated blood transfusion, call us on 0800 121 6567 or contact us online to find out more about making a claim.

No Win No Fee*
Outstanding track record with complex contaminated blood claims
Successfully acted for over a hundred haemophiliacs who had been infected with Hepatitis and HIV
Offices around the UK

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Blood Transfusion Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • Can I Make A Claim On Behalf Of Someone Else?
    • In some circumstances you might be able to make a claim on behalf of someone else, including:

      • On behalf of a child who received a contaminated or negligent blood transfusion before their 18th birthday
      • For someone who doesn’t have the mental capacity to handle their own case
      • On behalf of a loved one who has unfortunately passed away

      If you’ve lost a loved one in these circumstances, we can help you with:

      • Getting compensation for their pain and suffering, to account for financial losses caused by the death and to cover funeral expenses
      • Representing you at inquest
      • Dependency claims – helping you secure inheritance that wasn’t left in your loved one’s Will
      • Getting you the answers and apology you deserve

      Our lawyers could also help you access a statutory bereavement award, a flat rate of currently £12,980 (payable by the defendant when a wrongful death has occurred). This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

      To make a claim for someone who has passed away, you’ll normally have three years from the date of their death or three years from the point where negligence was discovered.

    • How Long Do I Have To Make A Claim?
    • You’ll normally have three years to make a claim, either from the date of the transfusion or from the point where it was discovered that negligence was responsible for your injuries. However, there are some exceptions to this rule:

      • If you had the transfusion before you turned 18, you can make a claim for your illness up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact on your illness which means that working out how much compensation you need can take time.
      • If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.

      If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

    • Meet Our Experts
    • We have a longstanding experience of succeeding with blood transfusion compensation claims. Most prominently, our blood transfusion lawyers acted on behalf of claimants in a landmark case against the National Blood Authority. This is to date the only litigated product liability group action heard by the Court involving Hepatitis C cases and the applicability of the Consumer Protection Act.

      Overall, we have secured compensation for over a hundred haemophiliacs who had been infected with Hepatitis A, B, C and in some cases HIV and our defective products team are described as “’top of the field’ for pharma and medical devices claims” by Legal 500.

      Meet Our Blood Transfusion Claims Solicitors

It was hard enough fighting leukaemia without being told that I had been given platelets from a known sufferer of Hepatitis E Virus and that I was now infected with hepatitis E myself."

Jamie, client
testicular cancer

Frequently Asked Questions

How Does Blood Contamination Happen?

The main contaminants found in blood products are the Hepatitis A, B and C viruses. Hepatitis C was originally known as non A and non B Hepatitis and thought to be symptomless. It wasn’t until the 1980s that the latent period for the development of symptoms from Hepatitis C infection became recognised. It is now often considered the most serious Hepatitis infection. HIV has also been known to be spread by contamination in blood products.

One way these viruses enter the blood product is simply because the person that donated the blood had the virus themselves. The risk of this happening can be significantly reduced by excluding high risk blood donors. Blood products can also be heat treated or treated with solvent detergent to eliminate infection. There are now also screening tests available that can prevent contaminated blood reaching hospitals.

If you have suffered the consequences of a contaminated blood transfusion, it means that something has gone wrong with one of these processes. Our team of experts will help you determine how it has happened and who is responsible so you can make a successful compensation claim. Call us on 0800 121 6567 today to find out more.

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What Forms Of Blood Transfusion Negligence Are There?

An infrequent but recognised medical mistake is when a patient is given a transfusion with the wrong blood type. This can result in an incompatibility reaction which can be fatal or result in long term kidney damage and other associated injuries. If an incompatibility reaction occurs, doctors should recognise this and treat it immediately.

There are also cases in which patients are given blood transfusions unnecessarily. This can happen if two patients’ notes are mixed up or if a patient has been misdiagnosed. Additionally, some patients are given blood transfusions without being properly consulted or giving their full consent.

Transfusions are invasive procedures which come with their own risks. You have the right to choose whether or not to undergo a transfusion and you should be given information about why a transfusion may be needed, details of the risks and benefits and whether there are any alternatives. If you have been subject to a transfusion without giving your full consent or after being misled about its necessity, this constitutes negligence and you may be able to claim compensation.

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Why Choose Irwin Mitchell?

As one of the largest and most successful personal injury law firms in the country, we have the expertise and the experience to take on complex blood transfusion claims. We have a network of offices all around the United Kingdom so we’re here to support you whenever you need us.

Examples of our success with blood transfusion claims include:

  • Acting for claimants in the landmark case of AB and Others v National Blood Authority . This is the only litigated product liability group action heard by the Court to date, involving Hepatitis C cases and the applicability of the Consumer Protection Act.
  • Successfully acting for over a hundred haemophiliacs who had been infected with Hepatitis A, B, C or HIV.

We have an acute understanding of the difficulties you will be facing following a negligent or contaminated blood transfusion. The consequences can be life-altering for you and your family and we will help you access the support you need for the future.

Call us on 0800 121 6567 today to speak to one of our expert team about how we can help you.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

The Times Best Law Firms 2019 chambers-2019 legal-500-2019 chambers-high-net-worth-firm-2018-logo eprivateclient Top Law Firms 2017

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We’re proud to work with national contaminated blood organisations.

Our lawyers regularly help clients in relation to claiming payments from the Skipton Fund and the MacFarlane Trust.

These organisations were established by the British government to support people who were infected with hepatitis C and HIV as a result of contaminated NHS blood products. Through both one-off and regular payments, these schemes can help those suffering the consequences of contaminated blood infections to access the support they need.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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