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Minutes
7
May 2004 - Twentieth Meeting
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The
Minutes and Resolutions of the previous meeting were approved.
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It was reported that there were 146 victims of vCJD as at 5
April 2004, according to the figures on the Department of Health's
website. Main Applications had been received in relation to
139 victims. By the end of this meeting, the Trustees will have
considered 133 cases on the claims submitted to date. The Trustees
had considered a total of 166 claims for psychiatric injury.
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Richard Vallance, of Charles Russell solicitors, reported on
his meeting with David Body, of Irwin Mitchell solicitors, to
discuss the claims that require "particular hardship"
or "particular financial or emotional hardship".
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In relation to Clause 4.3.2, psychiatric condition giving rise
to particular financial and emotional hardship, it was reported
that Irwin Mitchell had advised that there were about 41 claims
for particular financial hardship, 45 for particular emotional
hardship and 45 for both particular and emotional hardship.
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Concern was raised again by the Trustees in relation to the
transmission of vCJD by contaminated blood.
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It was noted that there was growing concern amongst the earlier
families that their particular experiences had not been recognised
adequately under the Scheme. In cases where the diagnosis of
vCJD had been first reasonably suspected before 26 October 2000
the family would be awarded an additional £5,000 for the
Basic Sum (£125,000) under Clause 1.29 of the Trust Deed
and an additional £5,000 for the Experience of the Family
(£10,000) Under Clause 4.1.
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The Trustees considered Guidance provided by Professor Michael
Sharp of the vCJD Surveillance Unit on Abnormal Grief Reaction.
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The Trustees considered 1 new claim, 5 claims with outstanding
issues, and 15 claims by family members of 11 Victims for the
single sum of £5,000 for psychiatric injury lasting longer
than a calendar month that has been caused or materially aggravated
by the fact that the victim has contracted vCJD.
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