Organ Scandals Compensation And The Aftermath

by Medindia Content Team on  November 23, 2005 at 6:58 PM Organ Donation News   - G J E 4
Organ Scandals Compensation And The Aftermath
After a protracted legal battle, the families of more than 1,200 children, whose organs were removed after death without their parents' knowledge ,will each receive Compensations. On an average of about £2,900 in a compensation deal announced recently ,in the United Kingdom.

The NHS which is the apex body had fought the cases involving organ-retention at 146 hospitals and trusts, but agreed 11 months ago to a total figure of around £3.6 million for the families, plus £1.7 million in costs. This has been rejected by the a small group of the These affected families and are holding out for more money or for a full hearing of their cases.

Most of them are pleased about the settlement has brought them closure and some recognition of what they went through. In a way it can partly compensates their agony for the treatment meted out to their children after demise.

Though initially the High Court was in favour of the parents in some cases whole hearts or brains, were kept after post-mortem examinations without permission, came in March 2004. Since the case was brought, Parliament has passed the Human Tissue Act, which is designed to prevent a repetition of the scandal. A spokesman for the NHS Litigation Authority said: "The Nationwide Retained Organs Group Litigation has been resolved. The claimants are to share damages in excess of £3.6 million and the NHS is to pay just under £1.7 million plus VAT in respect of the claimants' legal costs.

"We hope it has brought a sense of closure to the bereaved families in what has been a profoundly distressing experience for them."That case led to Dick van Velsen, the professor of paediatric pathology involved, being struck off because the grounds were different. It may be recalled that in 2002, about 800 families involved in a separate organ-retention case involving Alder Hey children's hospital in Liverpool were paid £5,000 each after the NHS settled.

Among the statistical maze ,legal intelligence of defense counsels and the array of high profile hearings in courts there is a moot question which arises is of ethics and preventions of recurrences of such incidents

It is profoundly distressing that in a country like the UK if such scandals breaking at regular intervals less said about the developing world where poverty is the norm .

The arguments and the counter arguments apart it puts a question mark on the issue of Ethical principles, of "legal Organ donation "


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