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Navigating Financial Remedies in the wake of the Infected Blood Inquiry: An Analysis of Compensation Implications

News 27th March 2024
Imogen Robins

Imogen Robins has written an article for Family Law, “Navigating Financial Remedies in the wake of the Infected Blood Inquiry: An Analysis of Compensation Implications” published in March 2024. There follows a short summary of the content.

The Infected Blood Inquiry’s exploration into NHS treatment failures extends to complex financial implications, especially pertinent for divorce lawyers. This summary provides crucial insights for legal practitioners navigating this intersection.

The Inquiry examines contaminated blood transfusions, affecting thousands with life-threatening viruses. Led by Sir Brian Langstaff, it proposes a compensation framework covering various awards for infected and affected individuals, reflecting the multifaceted nature of the harms.

Despite delays in establishing a compensation scheme, estimated at £20bn, divorce lawyers must prepare for potential claims impacting divorce settlements. Understanding the nuances of compensation, including injury impact, social consequences, care needs, and financial losses, is paramount.

The England Infected Blood Support Scheme (EIBSS) offers crucial assistance, including financial aid and therapy, for affected individuals and families, without impacting taxes or benefits.

Legal practitioners should advise clients on disclosing potential compensation claims and their implications for settlements. Early consideration of pre-nuptial or post-nuptial agreements, and the establishment of personal injury trusts, may be crucial in safeguarding compensation awards.

As the legal landscape evolves, divorce lawyers must remain vigilant, advocating for equitable outcomes and ensuring just compensation for those affected by this tragic chapter in NHS history.

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