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Compensation offers, free legal advice letters sent to patients or families of chemo bungle

ALMOST two years after ten critically ill chemotherapy patients were severely underdosed, the State Government has offered hundreds of thousands of dollars in compensation to the victims.

Until dying patient, Bronte Higham, gave evidence to a parliamentary inquiry, they were expected to hire their own lawyers and make individual claims to SAICORP.
Until dying patient, Bronte Higham, gave evidence to a parliamentary inquiry, they were expected to hire their own lawyers and make individual claims to SAICORP.

ALMOST two years after ten critically ill chemotherapy patients were severely underdosed, the State Government has offered hundreds of thousands of dollars in compensation to the victims.

Compensation offers individually worth tens of thousands of dollars were yesterday sent to the patients or families of those affected by the chemotherapy bungle at the RAH and FMC, revealed by The Advertiser almost a year ago.

Patient Andrew Knox, one of the ten acute myeloid leukaemia patients underdosed in the second half of 2014 and early 2015 said the amount offered was substantial and warranted careful consideration.

In addition to a financial sum, patients will have their legal bills paid if they seek advice on whether to take the offer, even if they challenge it.

Health Minister Jack Snelling confirmed SA Health was contacting families caught up in the chemotherapy bungle. Picture: Mark Brake
Health Minister Jack Snelling confirmed SA Health was contacting families caught up in the chemotherapy bungle. Picture: Mark Brake

“It has put a value on what we and our families have been through,” Mr Knox said.

While Mr Knox remains in remission, he lives in daily fear of a relapse. Of six patients he knows of, five had relapsed and two of those have died. The fate of the other four is unknown.

One relapsed patient, Bronte Higham, has only a short time to live and his testimony last week to a parliamentary inquiry prompted a change of heart by the Government which had through its insurers taken a tough stand on compensation.

Until then, Mr Higham and Mr Knox were told by the State Government’s insurer, SAICORP, they should “lawyer up” and lodge individual claims for compensation, even though the underdosing error was admitted.

Premier Jay Weatherill, last week stepped in with a promise of compensation offers and free legal advice after Mr Higham, who called himself “a dead man walking”, gave emotional parliamentary committee testimony saying that he wanted the issue urgently resolved.

Mr Higham is currently unwell and being treated in FMC.

The compensation package, confirmed by Health Minister Jack Snelling, appears to come with no strings attached and invokes no gags or conditions regarding confidentiality. This is in contrast to an offer last year from the RAH to one patient, who has since died, which gagged the patient and his family from speaking to the media.

Mr Knox said he would not disclose the amount until he had spoken with some of the other patients and their families, other than to say the amount was significant.

“It gives the families some recognition for what they have been through and what they still to go through,” he said.

He said Mr Higham was too unwell to comment but he believed he would be very relieved that “at long last” they had received recognition.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/compensation-offers-free-legal-advice-letters-sent-to-patients-or-families-of-chemo-bungle/news-story/52033b965ea9e139c4cfcb82fb068038