Gov Tasked Legal Firm Fieldfisher to conduct Infected Blood Compensation analysis

Factor 8 has obtained documents revealing that the Department of Health employed the legal firm Fieldfisher in May 2023 to assist with Infected Blood Compensation modelling. This engagement was part of a "comparative data discovery exercise" to shape the cost modelling and policy framework for the much-anticipated Infected Blood Compensation Scheme.

The contract, which commenced on 1st June 2023 and concluded on 14th July 2023 ended just before the Infected Blood Inquiry's extraordinary compensation hearings. These hearings saw government ministers, including the Prime Minister, dodge questions regarding compensation details for victims of the infected blood scandal, leaving many to speculate about the government's plans and preparedness.

Fieldfisher, who manage the vCJD Compensation Scheme, was asked to undertake some 62 hours of work concerning the exercise. A letter dated 18th May 2023 from a Fieldfisher partner specialising in Clinical Negligence to the government confirms the appointment.

The partner detailed the allocation of responsibilities, estimating 62 hours to fulfil the government's request. This allocation includes 42 hours by a senior associate, 20 hours by a junior assistant, and an oversight of 5 hours by the partner themselves.

The revelation of this contract and the associated tasks raises significant questions about the transparency and direction of the government's actions concerning the Infected Blood Compensation Scheme. As the Department of Health quietly engaged Fieldfisher to aid in cost modelling and policy development, the community of those impacted by the scandal were never informed such an exercise was taking place.

On 25th July 2023, giving evidence to the Infected Blood Inquiry, DHSC's second permanent secretary, Shona Dunn, was asked by Ms Jenni Richards KC: "Are you able to assist us with what the main elements are of the modelling that's taken place? So what are the main elements that are being taken into account?..."

To which Dunn responded: "In general terms it will be the sorts of things you would -- anyone would expect to go into such analysis, such as the numbers of individuals infected and affected, as far as we are able to determine that; the degrees of severity; the number who may seek compensation; the scale of awards, those sorts of things..."

Dunn did not refer to the vCJD compensation scheme or the Fieldfisher engagement during evidence.