HC Deb 27 July 1976 vol 916 c218W
67. Mr. Grimond

asked the Secretary of State for Social Services if he will ensure that compensation is paid to those who have suffered as a result of taking Eraldin.

Mr. Ennals

I understand that the manufacturers of Eraldin already have a scheme whereby payments are made to patients who have suffered permanent injury attributable to the use of the product. Under the law as it stands, liability to pay compensation or damages arises only where negligence has been established; and questions of whether compensation or damages are payable to persons who have sustained injuries alleged to have been caused by the administration of drugs are for the courts to decide on the facts of each particular case, if the parties cannot reach agreement.

As to the whole question of compensation arising from personal injuries, the right hon. Member will no doubt know that this is currently under consideration by the Royal Commission on Civil Liability and Compensation under the chairmanship of Lord Pearson.