Woman whose partner had contracted Hepatitis C in mother's womb refused compensation

The woman, who is not herself infected, sought compensation for loss of consortium with her partner.
The judge said, while a right to claim compensation for loss of consortium is conferred on those indirectly contaminated, and on carers and/or dependents of those identified in section 4, the right to make a claim for loss of consortium is expressly restricted to those whom the tribunal identified as “primary” victims, ie those who contracted infection due to an act done to them directly. File picture: iStock

The judge said, while a right to claim compensation for loss of consortium is conferred on those indirectly contaminated, and on carers and/or dependents of those identified in section 4, the right to make a claim for loss of consortium is expressly restricted to those whom the tribunal identified as “primary” victims, ie those who contracted infection due to an act done to them directly. File picture: iStock

A woman whose partner contracted Hepatitis C as a baby in his mother’s womb after she received contaminated Anti-D blood product is not entitled to compensation for ‘loss of consortium’, the High Court has ruled.

The woman, who is not herself infected, sought compensation for loss of consortium with her partner, who was diagnosed with Hepatitis C when undergoing routine medical examinations as an adult some six years after they began living together.

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