Alder Hey apologises to parents after mediation

The largest mediation of a group action against the National Health Service concluded last week with the Alder Hey Children's Hospital apologising fully to the parents of children whose organs were wrongly retained by the hospital.

Some 1,154 parents began litigation in early 2000 after it emerged that Alder Hey had kept hundreds of hearts, brains and other organs from children and premature babies without the parents' consent.

Mediation began in March 2002, and the settlement included a 5 million payment, equalling 5,000 for each child.

The hospital also apologised publicly for the scandal at a press conference, and has pledged to erect a plaque at the hospital to commemorate the children and pay 5,000 towards a memorial and 100,000 to a charity of the parents' choice.

It will also push the government for reform of the law in regard to organ retention.

The lead solicitor for the claimants, Ian Cohen, partner at Liverpool firm Goodmans, said financial compensation had never been the driving factor in the case.

Mediation was the most appropriate option, Mr Cohen explained, because the threat of litigation meant that claimants were having difficulties obtaining non-financial remedies.

'The parents wanted an apology and accountability from the hospital, but the hospital was unwilling to be fully open at the time because they were concerned about ongoing litigation issues,' he said.

The hospital's commitment to pushing for law reform was a vital plank of the mediation settlement, he said.

'Strong sanctions are needed to ensure that this does not happen again, and my involvement with the case will only end when new regulations come into force.'

There were more than 30 firms with clients claiming against the hospital.

Exeter firm Brewer Harding & Rowe, and Walker Smith & Way in Chester joined Goodmans on the claimant steering committee.

Liverpool-based Hill Dickinson acted for the trust and the NHS Litigation Authority, while north-west firm DWF acted for Liverpool University, which was joined as a third party.

Concurrent mediation to settle the national claimant group relating to organ retention at other hospitals failed.

This is now listed for trial in January 2004.

West country firm Clarke Willmott & Clarke is leading that action.

Victoria MacCallum