Creutzfeldt-Jakob Disease (Hansard, 18 February 1997)

§ 2. Mr. Illsley
To ask the Secretary of State for Health if he will introduce a no-fault liability compensation scheme for those victims of Creutzfeldt-Jakob disease caused by human-derived growth hormone and bovine spongiform encephalopathy. [14728]

§ The Parliamentary Under-Secretary of State for Health (Mr. John Horam)
The human growth hormone treatment programme was the subject of legal action, as the hon. Gentleman is aware, and we accepted the judgment that was delivered in July 1996.
Any future claim for compensation for other people who have contracted CJD, however that may have come about, will be considered within the context of the Government's statutory obligations.

§ Mr. Illsley
As the Minister rightly points out, the Government were found negligent in the High Court in respect of Creutzfeldt-Jakob disease cases caused by the prescription of human growth hormone. As he will know, 22 victims have already died and far more are living with the terror that they might contract the disease as a result of the treatment, and that they might have to face the disease without any prospect of compensation.
Likewise, CJD victims from BSE are not being compensated, yet the Government have conceded an economic case for BSE compensation to the tune of £1 billion for farmers. Surely it is time to stop the endless litigation and bring in a no-fault liability scheme for the victims, who have contracted this terrible disease as a result of Government negligence, and their families.

§ Mr. Horam
Like the whole House, I am enormously sympathetic not only to those who have contracted CJD, whatever the cause, and their families, but to those who are worried but well and do not know whether they will be affected by this terrible disease. The problem from our 730 point of view is simply that it must be the first and overriding responsibility of the Department of Health to concentrate on preventing ill health and curing it when it occurs, not on compensating those who have contracted that terrible problem. We acknowledge our responsibilities where negligence is clearly proven, and we shall continue to do so.

§ Mr. Fabricant
Notwithstanding the terrible tragedy of people contracting Creutzfeldt-Jacob disease through the injection of growth hormone, will the Minister put the issue in perspective by confirming that only 15 people have contracted the disease through the consumption of beef?

§ Mr. Horam
So far, the figures suggest that 15 people have contracted the new variant of CJD, although there is no scientific evidence on the connection between BSE and CJD. The numbers are small. As the hon. Member for Barnsley, Central (Mr. Illsley) said, we must be concerned with not only those who have contracted the disease but, in cases involving human growth hormone, those who may contract it in future. Some of those people will receive compensation under the judgment that has been delivered. The families concerned are appealing against part of the judgment and, if they are successful, that may extend the scope of compensation.

§ Ms Roseanna Cunningham
Will the Minister consider the perspective of people such as my constituent, Edward Gray, who have been treated with human growth hormone and face years of stress and worry about whether they will contract this dreadful disease? Would it not be a kindness to introduce a no-fault system for such people as well as for those who have contracted it? That would at least reduce that aspect of the stress and worry associated with the disease.

§ Mr. Horam
It is tragic that a treatment that for 25 years appeared to offer people of low stature a chance to reach normal height has developed a terrible side effect. However, the Health Department's first priority must be to cure health problems, not to compensate those who, however sadly, die from or contract this disease. None the less, we will consider cases of negligence most sympathetically. We have followed up the court case quickly. I assure the hon. Lady that we will continue to do that.

§ Sir Peter Emery
Will my hon. Friend resist absolutely the accusation of the hon. Member for Barnsley, Central (Mr. Illsley), whom I normally respect, that this problem has come about through Government negligence? The debate yesterday made it clear that that is not the case. People who suggest it are attempting to use politics to bring out the sympathy that we all have for people with the disease. It is not a question of political negligence. The Department of Health will do everything possible to assist those who may be affected by the disease.

§ Mr. Horam
Indeed. As my right hon. Friend knows, that is why we have given funds to the CJD support network. We are conducting research, and we have set up—and support—a counselling service that operates from Great Ormond Street hospital. On research and health, as my right hon. Friend rightly said, we are 731 committed to giving all the support that we can. However, we do not feel that we can go further and introduce a no-fault compensation scheme, which would be expensive and detract directly from funds for health care.