14th June 2002 Fourth Meeting

  • Although 49 revised claims had been received, these were incomplete and did not use the standard forms as requested
  • Examples of problems were discussed
  • There are references to possible qualifiers who do not appear to be represented by Irwin Mitchell and whose involvement (particularly in care) had not been included in the Main Application or seperate Claim Form for Care
  • The Trustees considered 4 claims that illustrated these problems.
  • The ‘questionnaire’ had been finalised and is now referred to as the Main Application.
  • An Update had been sent to Irwin Mitchell and other solicitors for onward transmission to the victims families. It has been posted on the website.
  • Charles Russell wrote to Irwin Mitchell on 14th May 2002 with an update of the principles that the Trustees had adopted. This letter was not intended to be passed to the families, as it did not provide sufficient explanation of the basis of the principles for non-lawyers. The contents caused understandable upset to the families.
  • Dr Knight and Mr Mclean had produced the Stages of Illness and Care Implications.
  • A meeting had been provisionally arranged for 21st June 2002 to discuss whether any principles had been agreed between the families’ representatives and the Department of Health’s. The meeting would be attended by Sir Robert Owen, Richard Vallance and David Body, and it was hoped that Justin Fenwick QC and Stephen Irwin QC would also be able to attend.
  • The Minutes of the previous meeting were agreed.
  • The Resolutions for the previous meeting and for the interim payments made at the end of May were signed
  • A draft article had been prepared which alerted neurologists to the existence of the Trust.
  • It was confirmed that the separate Claim Form for Care requested details of any care provided by the state.
  • It was resolved that a diagnosis and confirmation of residency by one of Dr Knight’s Registrars at the National CJD Surveillance Unit would be sufficient.
  • No final decisions on the 4 claims would be made, pending the outcome of the meeting with David Body.
  • Irwin Mitchell has not usually provided certified copies of Letters of Administration and Grants of Probate. Confirmation that the documents had been sealed would be required.
  • The importance of taking all reasonable steps to identify whether there are any people who may have a claim for compensation but are not represented by Irwin Mitchell was emphasised. Uncertainties as to potential applicants will result in delay. Charles Russell will make contact with the personal representatives of estates to seek their approval of who should receive the payments.
  • As the separate Claim Form for Care had not been completed in the cases submitted to date, it has usually not been possible to apportion payments for care. Carers should therefore have the option of reverting to the Trustees with further details of who provided how much care if they are not able to agree between themselves how payment should be apportioned.
  • Contrary to the earlier decision and to expedite payments, the Trustees agreed to decide cases on a piecemeal basis, leaving claims for loss of earnings and psychiatric injury to be considered in due course
  • In relation to loss of earnings claims, the relevant sections on the Application Forms had usually been left blank, although the schedules originally provided by Irwin Mitchell indicated an intention to make claims.
  • Charles Russell gave a presentation of the vCJD website.
  • Meetings were confirmed for 28th June and 19th July.

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