Liability for HIV infection by blood and blood products: A summary of the most important results of the final report of the 3rd fact-finding committee HIV infections by blood and blood products of the 12th German Bundestag
Ruebsaamen, M.
AIDS-Forschung 10(6): 305-318
1995
ISSN/ISBN: 0179-3098 Document Number: 276612
The 3rd fact-finding committee "HIV Infections by Blood and Blood Products" of the 12th German Bundestag presented at the end of October of last year, only 12 months after the appointment of the committee and half a year after the submission of the interim report, its final report. In view of the size of the assignment that had to be completed, this is an astonishing accomplishment. The fact-finding committee comes to the conclusion "that pharmaceutical companies (including blood-donor agencies), physicians, and clinics and the responsible authorities (states and communities) as well as the federal office of Public Health (BGA), and thereby the Bundesrepublik itself, are jointly legally responsible for HIV infections caused by infectious factor concentrates, especially factor VIII, in hemophiliacs and secondarily in their children, spouses and partners since the turn of the year 1982-1983. This does not affect the political responsibility. The same applies to the entire period considered by the fact-finding committee, that is as of 1 October 1980, for HIV infections caused by the administration of the infectious prothrombin complex (PPSB), often also in non-hemophiliacs, that is leading to indirect infections of spouses and partners and children." The possibilities of perceiving the liabilities of preventing risks ("recognizability") as well as the ability to control the risks ("avoidance") and the ensuing degree of carelessness and the degree of contributory negligence must, however, be judged differently according to the fact-finding committee-4.) The contribution below explains the work of the fact-finding committee and summarizes the important results of the final report.