NSW: Lawyers for Hep C sufferers get access to donor identities
By Kylie Williams
SYDNEY, April 10 AAP - Lawyers for a group of Hepatitis C sufferers, who contractedthe disease through blood transfusions, have been granted access to the identities ofthe donors responsible.
The three Hepatitis C sufferers are seeking compensation from the Red Cross after theywere infected by blood products it had supplied to hospitals more than 15 years ago.
They claim the Red Cross failed in its duty of care by not using a "surrogate" testingmethod which existed at the time as a marker to high risk donors.
A NSW Supreme Court judge today granted lawyers for the three victims access to theidentities of the donors provided they give undertakings to the court.
These include agreeing not to take legal action against the donor and to only contacthim or her through a social worker or counsellor.
The victims' lawyers would only be able to access the identities 21 days after givingthe undertaking, allowing the Red Cross sufficient time to lodge an appeal if desired.
Last year the Red Cross provided the group with "edited" versions of records on donorswho were discovered to be carrying the disease after they gave blood.
But counsel for the victims Dean Letcher, QC, last week sought the full release ofthe information in the NSW Supreme Court.
He argued the edited version was deficient and littered with inconsistencies that raisedmore questions than answers and would need to be cleared by interviewing donors aboutthe specific events.
The blood donor connected to one victim had been carrying the disease since 1980 butdid not find out until 2000, Mr Letcher told the court.
In handing down his judgement today, Justice Jeff Shaw said contact with the donorwas necessary to ascertain whether the Red Cross asked relevant questions and if the answerswere followed up.
"In the present case the evidence given points out the respondent's allegation thatrelevant questions should have been asked of the donor and answers should have been followedup, there being knowledge of the risk factors at that time," he said.
"Proof of that allegation would require contact with the donor."
AAP klw/hn/rcg/bwl
KEYWORD: BLOOD
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