Report on The CJD Settlement Offer

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Report on The CJD Settlement Offer

OCTOBER 1997

ISBN 0 642 25148 7

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MEMBERSHIP OF THE COMMITTEE

LIST OF ABBREVIATIONS AND ACRONYMS

RECOMMENDATIONS

CHAPTER 1 - INTRODUCTION
Terms of reference Conduct of the inquiry Comments relating to this report
CHAPTER 2 - BACKGROUND
The Australian Human Pituitary Hormone Program Manufacturing of hormones 7 Regulation of the manufacture of the product Treatment of persons under the hormone program Creutzfeldt-Jakob Disease Cessation of the program The Allars Inquiry Legal action Impact of the AHPHP on the lives of recipients and their families
CHAPTER 3 - WHETHER THE GOVERNMENT'S RESPONSE TO THE ALLARS INQUIRY RECOMMENDATIONS HAS BEEN FAIR AND ADEQUATE
Allocation of research funds Monitoring of research by advisory committee Role and activities of the Pituitary Hormones Task Force Access to medical records s.135A of the National Health Act and direct access to information Counselling service Establishment of Advisory Committee Code of Practice for Transplantation of Cadaveric Organs and Tissues s.100 of the National Health Act Guidelines relating to human experimentation Guidelines for medical practitioners on providing information to patients Conclusion
CHAPTER 4 - WHETHER THE GOVERNMENT REFUSED TO MAKE CERTAIN RELEVANT DOCUMENTS RELATED TO THE INQUIRY AVAILABLE TO RECIPIENTS
The Allars Inquiry records Litigation in Supreme Court of Victoria Litigation in Supreme Court of NSW Documents allegedly missing or destroyed Conclusions
CHAPTER 5 - THE COMMONWEALTH'S OFFER OF SETTLEMENT
The offer of settlement The nervous shock proceedings Settlement negotiations The adequacy of the offer prospects of nervous shock claims succeeding The adequacy of the offer whether a plaintiff must choose between damages for nervous shock and damages for physical harm The adequacy of the offer failure to recognise psychiatric injury The deadlines set by the Commonwealth and Rennick Briggs The threat to enforce costs against plaintiffs The offer was not made to 'off program' - unapproved recipients Non-litigants Conclusions
CHAPTER 6 - WHETHER LEGAL AID WAS UNFAIRLY DENIED
Background - APQ's case Consideration of APQ's legal aid applications to the Commonwealth Review of the decisions relating to the various legal aid schemes Conclusions
CHAPTER 7 - PROTECTION OF PUBLIC SAFETY
The AHPHP operation and accountability Collection of pituitary glands Processing of pituitaries Supervision of the product and the program Action taken by government agencies post 1985 Unapproved recipients New cases of CJD Conclusions
APPENDIX 1 - ORGANISATIONS AND INDIVIDUALS WHO PRESENTED WRITTEN PUBLIC SUBMISSIONS AND ADDITIONAL INFORMATION TO THE INQUIRY

APPENDIX 2 - WITNESSES WHO APPEARED BEFORE THE COMMITTEE 105AT PUBLIC HEARINGS

APPENDIX 3 - EXECUTIVE SUMMARY OF ALLARS REPORT

APPENDIX 4 - EXECUTIVE SUMMARY OF ALLARS REPORT

APPENDIX 5 - NPHAC REPORT ON THE FUTURE DIRECTION OF COUNSELLING SERVICES FOR HUMAN PITUITARY HORMONE RECIPIENTS AND THEIR FAMILIES (SEPTEMBER 1996)

APPENDIX 6 - SETTLEMENT OFFER: AGREEMENT AND RELEASE

APPENDIX 7 - SETTLEMENT OFFER: RENNICK BRIGGS ADVICE TO CLIENTS

APPENDIX 8 - SETTLEMENT OFFER: COMMONWEALTH'S RECOVERY OF LEGAL COSTS

APPENDIX 9 - DENIAL OF LEGAL AID: RENNICK BRIGGS SEEKS REVIEW

APPENDIX 10 - DENIAL OF LEGAL AID: DECISION AFFIRMED

APPENDIX 11 - DENIAL OF LEGAL AID: DECISION RE-AFFIRMED

This document was produced from camera-ready copy prepared by the Senate Community Affairs References Committee Secretariat and printed by the Senate Printing Unit, Parliament House, Canberra