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Friday, June 5, 1998 Published at 16:13 GMT 17:13 UK


Health

Smear victims launch compensation bid

The campaigners say the trust should accept its 'moral and legal obligations.'

A group of 12 women have launched a legal bid to force a hospital at the centre of Britain's biggest smear test scare to pay out compensation.

The women say Kent and Canterbury Hospitals NHS Trust has been obstructive and defensive over their claims.

After exhausting attempts at out-of-court negotiations, the women launched a new "group action" aimed at forcing the trust to accept its "moral and legal obligations".

Appearing before Canterbury County Court on Friday, they argued for interim payments and higher awards than have already been offered.

Morale is high

Solicitor Sarah Harman, who is co-ordinating the women's bid, said: "The proceedings were issued and we got a very good reception. The women's morale is high."

Ms Harman said that she hoped to get a hearing for interim payments for one of the women within weeks and, in the cases where liability has not been accepted by the hospital, she was expecting to get experts together within a year.

Ms Harman went on: "We had hoped that the claims for compensation would be made outside the courts.

"But the hospital is dealing with victims' compensation claims obstructively and defensively, particularly in the applications for interim payments."

Of the 75 cases that Ms Harman is dealing with, 15 have so far been settled. Two women have already issued proceedings against the Trust, but Friday was the first group case.

A report by South Thames regional health authority earlier this year said that eight deaths may have been caused by the screening blunder.


[ image: Solicitor Sarah Harman accused the trust of being 'obstructive'.]
Solicitor Sarah Harman accused the trust of being 'obstructive'.
The investigation also discovered 30 women had hysterectomies in a bid to beat cancer which was not diagnosed early enough.

Staff had to re-check 91,000 smears taken between 1990 and 1995 after problems with the hospital's screening service were discovered.

The report suggested that figures for the numbers of women who have died or developed cancer could still increase further. Staff have not been able to contact more than 1,300 women who may need follow-up treatment or repeat tests.

Serious harm

Sir William Wells, chairman of South Thames NHS Region, who chaired the independent review, said: "It is clear that serious harm has been caused to a number of women by the errors in the screening service at Kent and Canterbury. This I deeply regret and on behalf of the NHS I once again convey my apologies to all those affected."

A spokesman for the Trust said: "The fact of the matter is, where there have been undisputed claims of negligence and causation of injuries, then settlement has been very prompt indeed.

"There are some cases of genuine dispute about negligence and causation and the courts may be needed to resolve these issues.

"It is important for the women involved and for future cases that may arise from cytology screening problems in other parts of the NHS."

No disciplinary action has been taken against any individual over the faulty tests. The hospital says all those involved have either resigned, retired or changed jobs.

A major shake-up in the screening programme was announced in December by Chief Medical Officer Sir Kenneth Calman.

Any woman who was tested by the trust and wants more details should contact the hospital helpline on 01227 766016.



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