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Today's Date

Litigation Press Conference 27 February 2003

 

Embargoed statement of Ian Cohen, Lead Claimant Solicitor

The decision by the majority of parents to pursue civil litigation, was only intended to be one aspect of the fight to ensure that what occurred to their children must never happen again..

The mediated settlement has secured remedies which are not available through the traditional legal process and it was the ability to obtain these remedies that, for the vast majority of parents who pursued the litigation process, was critical in their decision to accept the National Health Service Litigation Authority's offer of a mediated settlement.

The non financial terms of the mediated settlement have enabled the litigation to be compromised. Had it not been for today's press conference, the letters of apology and the plaque to be erected at Alder Hey, the litigation would have continued for the simple reason that no amount of money could ever compensate the parents for the trauma which they have had to endure during the course of the last three and a half years. Indeed, financial compensation has never been the driving factor.

By bringing the Royal Liverpool children's litigation to a conclusion, the parents have demonstrated an overwhelming desire to try, as much as possible, to move forward with their lives. For some parents this will sadly, never be possible.

In order for all parents to look to the future, today's announcement of the non-financial terms of the settlement will achieve the desired effect if and only if, the government fulfils its obligations and promises to the parents; to introduce reforms and laws to ensure that the scandal of organ retention is never repeated.

Whilst it is recognised that there has been work undertaken by the Department of Health and the Home Office regarding proposed change, there is a great sense of frustration and concern that we are some three and a half years on since the issue of organ retention first came to light and over 2 years since the publication of the Redfern Report, yet still no time scale has been established to introduce the reforms and the changes to the law which everybody accepts are necessary and pressing. This remains a major concern of the parents and there is a fear that by compromising the litigation, the momentum for a change in the law will be lost. It is hoped that these fears are unfounded, but matters have been helped by the failure of a Government Minister to attend at today's press conference in accordance with the agreement, which was reached with the hospital and the NHSLA.

It is also recognised that steps have been taken by the hospital and the University of Liverpool, but there is still much more to do, not only to ensure that the issue of organ retention is never repeated but also to restore faith of the wider public in Alder Hey Hospital and the University of Liverpool. Today must be seen as a starting point, not as the end.

It is also recognised that steps have been taken by the hospital and the University of Liverpool, but there is still much more to do, not only to ensure that the issue of organ retention is never repeated but also to restore the faith of the wider public in Alder Hey Hospital and the University of Liverpool. Today must be seen as a starting point, not as the end.

Every parent who has been involved in the issue of organ retention will have difficulty in looking to the future until such time that there is clear and unequivicol guidance is given to the medical profession as to what is considered to be necessary and appropriate in relation to post mortem procedures and the issue of organ retention generally. Until such time that this guidance is enshrined in law, supported by appropriate sanctions, there remains fear that the mistakes of Alder Hey and the University of Liverpool may well be repeated.

Finally, in conclusion, I wish to pay respect to those individuals who have been most affected by the issue of organ retention, the parents and their families, for their dignity and courage throughout these exceptionally traumatic three and a half years. Those who have come into contact with parents will never forget the devastating effect that these events have had on their lives and on their wider families.

In order to rebuild the faith and trust of the parents, those promises that have been made by the Government to change the law so as to protect all of our futures, must be honoured. Without change in the law there is no guarantee that the trust of the parents has not been misplaced. The parents have already been terribly let down. It is imperative that they are not let down for a second time.

27th February 2003, Ian S Cohen

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