Friday 20 July 2012

Justice delayed is justice denied !

It seems incredible that a fifty year old victim of the drug Thalidomide is only now getting a settlement to provide care for the rest of her life.   Lynette Rowe's mother took Thalidomide during pregnancy to relieve morning sickness and as a result her baby was born without arms or legs.   Her parents have cared for what is virtually a living torso for the past half century and were despairing as to what was to become of her when they were too old to maintain their vigil.

Equally incredibly, this multi-million dollar settlement has been given against the drugs distributor in the United Kingdom, not against the actual manufacturer, who is still fighting any responsibility for the Thalidomide disaster.

Lynette Rowe's degree of disability is extreme.   Many victims suffered lesser injuries but surely there is something wrong with the court system when a compensation case takes half a century to come to settlement.   During that time the victims parents have virtually put their lives on hold and been totally occupied meeting the care of their disabled daughter.

It is claimed that winning this case has opened the door for compensation to flow to other victims of what was thought to be a promising new drug when it was released.    The courts in various world countries have reached verdicts and settled claims for hundreds of medical malpractice cases over the years and it would be reasonable to ask why Thalidomide has been the exception ?

It is said that the wheels of justice grind slowly.  It could also be said that justice delayed is justice denied.  How many other cases could reveal decades of suffering by both the victim and the carers ?     What has happened to those victims who did not have carers prepared to sacrifice their own lives to care for loved ones ?      Are there Thalidomide victims marooned in remote nursing homes, waiting out the end of their days in mind numbing limbo ?

This case should provide the incentive for a blast of fresh air through the legal system.   There can be absolutely no excuse for a settlement case to meander through the courts for half a century before it reaches finality.

If it means subjecting the law to time limits - then so be it !

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