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QUESTION: Carry on. ANSWER: It is -- thank you. It is possible that I wrote th is letter as a follow-on to the first generation study that we did and, as we got results back -- confirmatory testing results back, I drafted this s o that Dr Collins could contact those. There is something in that letter, if I recall, that mention s two tests; is that correct?
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QUESTION: Yes, the first paragraph says: "When you donated blood recently, we included two new tests for a form of Hepatitis or Jaundice virus." ANSWER: Okay. So this letter does refer to the comparative first generation study we did.
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QUESTION: Thank you. That was what I -- ANSWER: So this is as the results of that study -- yeah. That's where it came from, then, because it says tw o 57 tests.
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QUESTION: Then, just in terms of once testing was fully operational across for the Northern Region, I think there came a point in the course of 1992 when it appears that you learnt that Dr Collins had not bee n communicating to donors who had tested positive the fact of their positive test and what steps they sho uld take, for example, seeing a doctor, and so on. ANSWER: Yes.
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QUESTION: The reference, just for the transcript, I don't propose to go to it is NHBT0003991. How had that happened and what steps were taken to rectify that situation? ANSWER: Steps to rectify: as soon as we found out, we sort of piled resources then to get the letters out, dedica ted a secretary to help with it and we got on and got t he letters out. How it came about, obviously, as a consultant, I can't -- I couldn't sort of go to Dr Collins and sort of look over her shoulder and say, "What are y ou doing?" She had a degree of autonomy and responsibility for doing the work, and it is regrettable that I didn't realise that she wasn't doing this work. I mean, it was a pretty straightforward piece of business to, you know -- s he 158 received the results. I think we had probably help ed to draft -- you know, we'd got the drafts like this , letters like this, so we knew what we were going to do, but, for some reason, she was unable to carry i t out, and I don't really want to go into why she couldn't carry it out, but she didn't.
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QUESTION: Dr Lloyd, I'm going to move in a moment to three further short topics of questioning I have for you, but before I do so, on the question of the introduction of hepatitis C screening, is there anything further that you would want to say or that we haven't covered or haven't covered in your statemen t? ANSWER: No, no, I don't -- nothing sort of springs to mind. All I can say is it gave me some sleepless nights a t the time. It wasn't easy -- an easy decision. I w as certainly concerned for my position. But thankfull y, you know, we got through it. But I don't think there's anything else.
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QUESTION: So I'm going to move now to an issue about the introduction of hepatitis B core antibody testing. Not as a surrogate measure for non-A, non-B hepatit is but in relation to hepatitis B itself. If we pick this up at WITN6935033. This is a memo from you. I think it's an internal memo from the names. 159 ANSWER: It is.
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QUESTION: 18 May 1983. It refers to you having spoken to Dr Gunson regarding hepatitis B core antibody testi ng. "He says that the results of the trial have now been completed and are being presented to the appropriate Department of Health Committee on Virological Safety." Then the next paragraph discusses the test results. And then the third paragraph: "With regard to the date of implementation of the test in the [UK], Dr Gunson says he does not kn ow when this will be but thinks it will be in the autu mn. "As usual it looks as if the National Directorate (now the NBA) and the Department of Hea lth are being incredibly slow in their deliberations an d of course should have introduced this test earlier this year, given the information they had available from the Liverpool study." Is it right to understand from this, Dr Lloyd, that your assumption and Dr Gunson's assumption was that this test would be introduced, the only questi on, really, was when rather than whether? ANSWER: Oh, absolutely. I mean, once again, in this case - - referring to Sir Brian's comment -- we included 160 the increased cost in the supply of blood, but of course we were doing that before the year's contrac ts were negotiated. So we had informed hospitals that we were going to introduce the test. Our haematologists in the region knew we were going to introduce the test. W e were ready. I recall we had discussed it with our supplier, Abbott, so that they were prepared to deliver to us the suitable number of tests. So yes , we were ready to go. And as you say in that commen t, I suggest that Dr Gunson also was expecting to star t.
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QUESTION: And the reference to being "as usual ... incredibly slow in their deliberations", is that harkening bac k to the then not too distant past of the issue relat ing to hepatitis C screening, do you think, or were the re other issues that you had in mind? ANSWER: No, I think I was just referring to hepatitis C.
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QUESTION: Is this right: that the Newcastle Centre or the Northern Region, had been involved in the trial of the anti-HBc test kits? ANSWER: Yes, I think we had. I think I've seen somewhere a little -- a few sheets of paper sort of showing s ome results, so yes, we did do some work on it. I can' t remember the results we got in terms of incidence.
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QUESTION: Just for the transcript -- 61 ANSWER: But I notice in that --
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QUESTION: Carry on. ANSWER: Sorry. I notice at the bottom of this that we're talking about the information they had available fr om the Liverpool study. I haven't seen -- I may have seen it at the time, but obviously that was a study that I thought at the time was of note.
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QUESTION: And I won't go to it but there's a letter from Dr Gunson to you in February of '93 which refers to your participation in the trial of test kits from Abbott and Pasteur, and the reference for the transcript is NHBT0018413. Can I then pick up this issue about anti-HBc testing with a meeting in July of '93, NHBT0016372_001. So we can see it's a meeting of RTDs/chief executives/general managers. If we go to page 4 -- ANSWER: Sorry, I -- you said it was a meeting of RTDs, and I -- sorry, we lost the sound after that.
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QUESTION: Yes, it was a meeting on 27 July '93 of RTDs/chief executives/general managers, and you wer e present along with a number of others who fell into that category. 162 If we look at page 4, picking it up at paragraph 6.1, under the headed in "UK Advisory Committee on Transfusion Transmitted Diseases", you 'll see there the reference to: "Considerable concern was expressed about the delay which had occurred by the Department of Healt h's insistence on deciding whether and when routine anti-HBc should be introduced." There's a reference to events during the past year in France. "Dr Gunson confirmed that he had written to Dr Metters ... stating that the UK Advisory Committ ee on Transfusion Transmitted Disease had decided that from a scientific point of view such routine screen ing is warranted and that the latest series of tests ha d shown that there are test kits which are satisfacto ry although all give false positive results. "It was recognised that the UK Advisory Committee on Transfusion Transmitted Diseases is no t in a position to decide that the test can be introduced. However, it was agreed unanimously tha t the NBA should have the authority to make this decision. Dr Gunson and Mr Adey would ask the Chairman of the Authority if he would speak to the Minister of Health on this important transfer of 163 policy decisions from the DH to the NBANSWER: " So we can see what's set out there I think is self-evident. Do you have any recollection of the discussions at the meeting?
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QUESTION: Then if we pick matters up towards the end of 1993, at NHBT0005291_003. This is a letter from you dated 8 November '93 to all consultant haematologists, finance managers and blood transfusion contract holders. This particular letter is addressed to Dr Hamilton. "As you know, we included provision for Hepatitis B Core Antibody testing in this year's [B TS] 164 Contracts. One Regional Transfusion Centre had started testing and there were clear indications th at the UK would introduce this test ..." Then we see the purpose of it here described by you: "... to eliminate the small number of Hepatitis B transmissions by blood transfusion that occur due to a small group of individuals who are infectious but negative for Hepatitis B Surface Antigen, for which we currently test." Just pausing there, the purpose of this testing was to pick up this group who would not otherwise b e picked up by the existing HBsAg testing, and meant that cases of hepatitis B transmission by blood transfusion did still occur. Is that right? ANSWER: Yes, yes. My understanding was that we were still -- there was still some infectious units, that the surface antigen test was not picking them up. And I wish I could see the Liverpool study to sort of actually see the numbers, but obviously it was sufficient to make people such as Dr Gunson realise that this test should be introduced.
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QUESTION: Then we can see next paragraph: "At the beginning of this year we were asked not to start this test and to wait until the whole coun try 65 started testing. We have now been informed that th is test is not to be introduced, this instruction comi ng from the Department of Health. I am told that the decision was 'not taken lightly'." Now, again, we'll obviously need to pick up elsewhere the Department of Health's own decision-making process. Do you recall any more ab out how and when you learnt of the Department of Health 's decision? ANSWER: No, no. As we know, the advisory committee at the Department of Health minutes were not for circulati on so we wouldn't have seen anything about how they ca me to this decision, and not taking it lightly. I fin d that difficult. I'm putting it in context. The Department of Health, for both HIV testing and for hepatitis C testing, made decisions not to fund the testing directly but to just offload it onto the Health Authorities and the hospital services to jus t take up the cost. So how they came to this decisio n not to introduce a test that increased safety, when they were almost certainly never going to have to d eal with the financial implications, I find difficult t o understand.
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QUESTION: It would appear that Dr Hamilton, to whom this was addressed, was troubled by the decision. We can se e 166 that from NHBT000 -- ANSWER: He would be.
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QUESTION: -- 5291_002. So Dr Hamilton, who was Dr Peter Hamilton, a haematologist at the Royal Victoria Infirmary, wa s here three days later seeking advice from solicitor s. He referred to the letter he'd received from you, a nd then said: "As the Consultant in Administrative Charge of Blood Bank at this hospital, I am charged with the issue of 'safe blood' to patients. It would seem t hat although there is a 'test' which could improve the safety of the blood issued in my name it appears th at for financial reasons in this country it has been decided not to use it." Then he refers to the criminal prosecutions in France, and asks for reassurance as to his position . ANSWER: Mm-hm.
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QUESTION: Just one further document, I think then, on this issue, which is at NHBT0097150_007, please. This i s a newspaper article in The Times, April 1995, so it 's a year and a half, or so, later. If we just pick i t up in the middle column, second paragraph down from the top. I think we can leave the whole thing on t he screen, Sully, at the moment. It says: 167 "Dr Huw Lloyd, a former director of the Northern Regional Transfusion Centre in Newcastle upon Tyne, said he had been 'strongly in favour' of introducin g the hepatitis B test, known as anti-HBc screening. 'There was sufficient information to suggest that i t would improve the safety of blood transfusions' ... " So we're now in the top right-hand column: "His centre made all the arrangements for the test to be introduced last year, but was then instructed not to go ahead. 'I think that was not the right decision to make', said Dr Lloyd, who has lef t the service." Then if we go to the bottom half of the page, left-hand side. We can see there's reference to ot her countries using anti-HBc testing, there's reference to people in the service being angry and then, picking it up, it says: "Dr Lloyd said that the test could have been introduced relatively inexpensively. 'But if you a re not very keen on it, you can make out that there ar e a lot of additional costs'." Then there's a reflection of the concern of Dr Peter Hamilton and it would appear he wrote to t he BMJ in January 1994 about it. Is that article an accurate reflection of your 168 views as at 1995? ANSWER: I've lost it. Sorry, is that article an accurate?
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QUESTION: An accurate reflection of your views, as at 1995? ANSWER: Yes, it is. Apart from a comment in the second section right-hand column, right at the end: "Dr Lloyd, however, agrees with the Health Department's decision in this case." I don't know how that comment came about because it does not match anything I had said earlier.
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QUESTION: I think that's a reference to testing for HTLV-I, Dr Lloyd. ANSWER: Is it? Oh, I see.
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QUESTION: Yes. That's how I read it. ANSWER: Yes, thank you for that. Yes, you're quite right.
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QUESTION: As opposed to the anti-HBc. ANSWER: Okay. But anti-HBc, yes, I -- that was my feeling at the time. I think that's a fairly accurate reflect ion of what I was thinking and we see some -- you know, Dr Peter Hamilton was good at coming forward and stating the point clearly, and I have to agree with him.
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QUESTION: Then, whether by reference to those SHO years or th en in the 1980s when you began to concentrate on haematology and transfusion and you had some experience with blood banking, and so on, do you recall what the position was in terms of record keeping? Were there -- how meticulous or rigorous an approach were you instructed or advised to take fro m the hospital's perspective about ensuring that ther e were clear records of what was transfused and to wh om, both in the blood bank and in the patient's records ? ANSWER: Oh, in the patient's records, it was certainly drum med into me that we always recorded the information on transfusions, the donation number and what was 73 transfused. So that went into the patient's record , and, you know, that was -- that was very much an imperative that we did that. Hospital blood banking, the way in which records were kept was varied. When I worked at the Freeman Hospital, there was the consultant -- one of the tw o consultant haematologists, initially one, Dr Mansoo r Qureshi, very, very interested and concerned about record keeping, to the extent that he wrote compute r programmes to help the Department keep accurate records of what was happening. The other two hospitals were -- would have been more manual. I can't remember exactly how they did it. But yes, keeping records was certainly an important issue, level of importance, you know, as I say, Dr Qureshi was certainly up there amongst th e top, wanting to make sure we had everything correct ly recorded.
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QUESTION: Then if we could look at document you've exhibited to your statement please WITN6935018. This is headed "Transfusion -- Do We Have Any Choice?": "The answer is Yes and No! "In many instances there is no choice, but in some cases there is a choice. "The main choices can be summarised as follows: 174 "Reduce your threshold for Transfusing ... "Make judgements on clinical state not just on the value. "Have a maximum blood order schedule and do not transfusion blood just because it has been crossmatched. "Use volume expanders. "Use Autologous Techniques." Then you refer to the possible use of blood substitutes. First of all, what was this document, was this notes for a lecture or talk you were giving? ANSWER: Yes, yes. This was notes for a talk I was giving. I can't remember exactly who I was talking to but, you know, one of the hospital -- perhaps, you know, perhaps at one of the hospitals. So, you know, I d id do -- invited to talk here and there. And that's w hat this is. Just personal notes, notes to me that I could use for talking. It was probably supported b y some slides.
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QUESTION: I just wanted to ask you a little more about the second and third of those choices. The "Make judgments on clinical state not just on the value", what did you mean by that? ANSWER: Well, not just on the value of the haemoglobin. So 175 ...[frozen screen]... look at the clinical state of the patient. Is this patient in distress or having difficulties because the haemoglobin is low, or are they actually coping with their current haemoglobin level? Don't just top it up to a nominal value. And of course, the next one, "Have a maximum blood order schedule", which is sort of a more organisational policy, particularly aimed at more junior staff in a department. Junior staff are goi ng to be more cautious and therefore over-order blood because they don't want to get caught out and screa med at for not having enough blood ready for a procedur e, particularly in surgery. So if you provide them wi th a maximum blood order schedule, you're not -- you'r e allowing them to order less blood, and not put themselves or perceive to put themselves in a difficult position.
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QUESTION: And do you know when that process of having -- this idea of the maximum blood order schedule, when that was introduced in the region? ANSWER: Oh, it wouldn't have been introduced across the reg ion as a single process but, you know, you have to remember in the Northern Region most of the haematologists -- well, all the haematologists, possibly bar one, met on a fairly regular schedule -- 176 it's not a schedule, but there was a regular meetin g every Friday at the Royal Victoria Infirmary and haematologists would come in ...[frozen screen]... a crossover of information between them, and discussions. So things would tend to -- you know, to permeate across the region perhaps faster than in a n area in a region that didn't have this very good little meeting.
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QUESTION: And I think we can see a reference to -- ANSWER: I can't remember --
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QUESTION: We can see a reference to those meetings and to hospital transfusion committees at NHBT0009710. These are the notes of a November '91 visit to the RTC by Dr Ala and Dr Hewitt. If we just go to page 2, we pick it up at the bottom half of the page first of all, paragraph 1.3, "Regional Transfusion Committees", it says: "There is no Regional Transfusion Committee. The Northern Region Consultant Haematologists' Grou p meets twice per year. There is also a weekly infor mal meeting of the Regional Haematologists, which the R TD attends." Is that what you were referring to? ANSWER: That was -- yes, correct. That's what I was referr ing to. 77
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QUESTION: Do you know when that weekly practice started? Was it already ongoing when you came back to the Centre in 86/87? ANSWER: It was -- that was going back -- that was operating back in 1981. I recall going into it as a registra r being in -- Dr Collins saying, "You know, you shoul d get across to that meeting". So that meeting had b een going for a long time. I suspect it was instituted by Professor William Walker.
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QUESTION: Then the next paragraph refers to three-monthly haematology audits. It says there: "... topic-orientated and have included transfusion matters." Is there a system with which you were -- or a process with which you were involved at the Transfusion Service, was that done with the region and the hospitals themselves? ANSWER: I think that was a-- I think -- sorry. I think tha t was the region and the hospital. It wasn't somethi ng driven by us. We were perhaps not as intrusive int o the hospital blood banking as we might have been. And you will perhaps note from other things I've said that we -- when I moved from being -- well, I say moved -- when I became chief executive, we introduced -- we were able to appoint a consultant to 178 become the head of our medical service, specificall y to sort of recognise -- you know, recognising that I didn't have enough time to devote to some of these issues such as hospital transfusion committees. An d of course, a bit like Anne Collins before me, for a number of years I had very little in the way of other sort of consultant-level support.
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QUESTION: And if we look at the top of the page we can just p ick up the reference to hospital transfusion committees . It says: "Twenty/twenty-one Hospital Transfusion Departments are serviced by the RTC and of these, three/four have set up Hospital Transfusion Committees. These generally meet at three-monthly intervals. The RTC is not actively involved, but t wo of the RTCs invite an RTC Consultant as appropriate ." It sounds as though the establishment of the hospital transfusion committees by the three or fou r hospitals was relatively recent at that point in ti me. Does that accord with your recollection? ANSWER: I think so. I think so. You said this was 1991?
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QUESTION: November 1991, the date of this. ANSWER: Dr Ala and Dr Hewitt, yes. When Dr Hewitt and Dr A la visited. So I think there was a hospital transfusi on committee at the Freeman Hospital before that, when 179 I was still perhaps a senior registrar. But they would have been one of the sort of -- one of the hospitals that tended to be at the forefront of tha t sort of issue.
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QUESTION: Looking back now, Dr Lloyd, do you think there is m ore that could have been done, whether by the Regional Transfusion Service or by the hospitals within the region or, indeed, nationally perhaps, by the Chief Medical Officer or the Department of Health, to reinforce the message about using transfusion appropriately and encouraging and educating doctors and nurses about the better use of transfusion? ANSWER: Certainly you can always do better. I -- you know, I could have spent more time, and sort of recognise d that I wasn't spending as much time as I, you know, perhaps should, in working at that level with the hospitals. But we did have -- the Northern Region did have a good group of consultant haematologists so - - you know, they understood these issues. Prior to the -- prior to a hospital getting a consultant haematologist, you were left with a pathologist looking after the issues, and at that time that wou ld have, you know -- I'm sure there wouldn't have been the same pressure on teaching people how to use transfusion properly. But once you've got the 180 haematologists there, you know, that was changing. And you saw that when we had meetings with the haematologists from around the regions, only tw ice a year, we were able to work with them to change transfusion practice. And, you know, the reduction in the use of whole blood was also -- you know, we als o talked about single unit transfusions. So yes, cou ld have done more, but I don't think the Northern Regi on at that time, by the end of the 1990s, was doing to o badly.
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QUESTION: Then last on this topic, NHBT0072687_001. This is a letter from you to a consultant cardiothoracic surgeon at the Freeman Hospital, Dr Hilton, 11 June 1990. It says: "Following the recent episode in which you phoned myself requiring that we provide blood bags for you to collect blood from staff in theatre for the provision of immediate blood transfusion. I feel t hat I need to reply to you and make my position clear." Then you go on to describe these procedures as highly dangerous, both because of the lack of prope r blood grouping, and the risks from that, and then, the third paragraph, the fact that the blood would not have been tested for hepatitis B or HIV antibodies. Obviously this is before the introduction of the 81 hepatitis C testing. And then you go on to talk about -- discuss the practice of using fresh whole blood in cardiac or cardiothoracic surgery. Do you recall how, if at all, this issue was resolved? ANSWER: Well, you'll also see in witness statements that on e of the haematologists at the Freeman Hospital was saying something very similar to myself, that this wasn't a suitable procedure. I don't know -- I thi nk that was probably a letter from Dr Patrick Kesteven to -- to Mr Colin Hilton. I would imagine that they worked it out between them but I don't recall any sort of long term follow-up. I did get a copy of -- it's a -- well, it's in the state -- one of the documents in the Inquiry -- another letter from Colin reminding me t hat they were not the only people wanting to use fresh whole blood in that clinical situation. I have no problem with them using fresh whole blood if that's -- was the best thing for the clini cal care of the patient. I was concerned about it bein g done safely. And I wasn't going to participate in an unsafe procedure. But I don't know where it went after that. 182
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QUESTION: Then my final topic, Dr Lloyd, is in relation to record keeping. We've covered already in your statement, and the documents we've got refers to th e record-keeping systems at the Centre and your introduction of the various computerised systems, s o I'm not proposing to ask you more about that, but y ou were involved in the production of a report about record storage, which is at NHBT0071590_001. So "Record Storage Report for the [NBTS] in England and Wales, Prepared on behalf of the Nation al Directorate of the [NBTS] by Dr Lloyd, Dr Beal and Mr Martina, April 1992. Then if we go to page 4, we can just pick up the "Introduction". So the report explains: "Transfusion Centres store a wide range of documents and records ..." And then -- ANSWER: Could we bring that up, could we bring that up on t he screen, please?
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QUESTION: Do you not have it on your screen? ANSWER: I don't, no. We've not moved on from Dr Hilton's letter yet.
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QUESTION: Ah, let's try again. Could you reload it, Sully, because it was on my screen. Have you got it there ? ANSWER: Yes, I have 1.1, "Introduction". Thank you. 183
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QUESTION: Yes, so it says: "Transfusion Centres store a wide range of documents and records ..." Then if we skip down to the third paragraph: "Each group of documents or records can be viewed as having to be retained for certain minimum periods to satisfy specific legal requirements ..." Then you say: "The need to retain documents and records for use in future potential litigation is increasing as the level of litigation increases and it is imperat ive that major cases are not lost purely because the relevant documents are not available." Then if we -- I'll skip over the next paragraph and then it says: "To be of value, any records system needs to be simple, robust and reliable." Now, before I ask you a couple of questions about the recommendations in the report, this introduction seems to be very much focused upon the fear of litigation. Was that the context in which this report was commissioned, or -- how did it come about that you and your colleagues were producing this? ANSWER: I mean, obviously Dr Gunson asked for this report. He 184 must have been concerned about retaining records. I know I've -- this little bit focuses on litigatio n but I think you'll see elsewhere in the document th at it actually focuses on -- it actually includes a wi de range of sort of legal requirements to retain recor ds. Obviously a lot of the -- these records are retained because there is a potential to come back and -- for litigation. Whether that was Dr Gunson' s focus, I can't remember how it -- I don't -- I have n't seen any letter from him sort of giving me and Dr B eal and Tony Martina a remit, a formal remit for doing this, for producing this. It's very much an organisational-wide process that you might apply to any sort of large organisation.
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QUESTION: If we go to page 7, please, Sully, top half of the page. We can see outline recommendations and you identify there three categories: "Long Term", where the recommendation is to keep the records for 30 years: "This covers Donor and Donation records and policy and management records as well as records directly linked to Donor and Donation records such as QA reports." Then you have "Intermediate Term" for a different category of documents, which was 10 yea rs, 85 and then a "Transient Term" storage period for 2 years. There's more detail given about the categories and, in particular, the inclusion of donor and donation records, pages 10 to 11 of the report. I' m not going to go through that, but if we turn to page 14, we can pick up the recommendation at the bottom of the page, in terms of a basic system: "Transfusion Centres should institute a records storage system which enables records of potential significance for litigation to be retained for 30 years." Then the next paragraph says: "A record of the destruction of records should be maintained, including the destruction of origina ls after transfer of records to other storage media. "A scheme such as the Annual Policy statement records should be instituted." Top of the next page: "A formal written policy should be provided and followed. The system used should be audited ..." Then the next paragraph says: "The system proposed in this report can be adapted to each RTC's specific requirements ..." Do you know when the recommendations in this 186 report were implemented, either in the Northern Reg ion or more generally across England and Wales? ANSWER: I'll talk first about the Northern Region. Yes, we implemented a policy, basically what was outlined i n this document. We took a large room in the buildin g, moved out what was in it, and created a record stor age facility. We appointed -- we gave someone the ...[frozen screen]... the documents, and so we star ted down this route. So the documents were in proper cabinets the sort of things you see sometimes in libraries, with big wheels that you move the cabine ts up and down on tracks, allows you to have high dens ity storage and, yet, you're able to access documents, find them very easily, and we certainly implemented the policy of keeping records of what we did. It sounds silly: records of records. But, I mean, if you're going to keep a record, you need to know that you've kept it, what it's about, where it is and if you decide to destroy it, you should -- you identify why you destroyed it and when you destroye d it, or when you destroyed it and why you destroyed it. So then in the future, when someone comes along and says why haven't you kept such and such a recor d, you can go back to this long-term record that says, yes, this is where we looked at this, we made 187 a decision, we destroyed it. This is why we did it . It wasn't just a lackadaisical thing. So in the centre, yes, we did start to follow this. Of course, we didn't have any years to do it . I believe, and this is very secondhand hearsay, through a colleague of mine after I'd left the service, who did say that the Transfusion Service w ere using this document, didn't go into details, but he sort of said that this document was still being use d by the service after I'd left, and, you know, Tony and Dr Beal, you know, helped produce a -- what I think was a pretty sound document, and thanks to them.
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QUESTION: I think the Inquiry has heard some evidence or received some evidence that the Red Book guidelines around this time were 15 years, in relation to the kind of records you were here identifying should be kept for 30 years. ANSWER: Yes.
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QUESTION: Was that your understanding and was the intention, therefore, to essentially depart from the Red Book guidance and create a longer term storage system? ANSWER: Yes, definitely. I think the three of us recognise d that you couldn't, sort of, rely on things, you kno w, just saying, oh, well, you know, it's a certain num ber of years. You actually had to look to the future, and 188 I do recall in this report I referred to litigation . I can't remember the person's name but between an individual and English electric company, I think it is, in this report, someone who had pneumoconiosis. And there you see that the litigation was allowed t o proceed long after what at the time were considered to be the sort of limits on bringing cases to court. So we recognised that we couldn't rely on some of thes e other documents. And we also, I think, in this report, say, yes, we've said 30 years but when you start getting towa rds 30 years, you have documents that have been stored for 30 years, you need to stop and review your policy a nd decide whether you need to increase it again.
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QUESTION: Don't worry, if you don't know, you don't know. The next question is about donor exclusion on the basis of previous transfusions. You'll recall we looked yesterday at both the national guidance and 190 then the Northern Region zone guide or booklet on donor selection, which looked at deferral of donors who'd had a blood transfusion. What was your understanding of the rationale for excluding donors or deferring donors on the basis that they had had a blood transfusion? ANSWER: Right. I think the issue was that we know that there's potential for infection, and if someone is infected, there is a period between infection and - - the relevant tests becoming positive. So by delaying -- by giving those months in between, certainly if there was something transmitted then y ou have a chance to pick it up on testing. There's also a more general issue that people who have been transfused presumably have had some reasonably serious condition and therefore need tim e to recuperate appropriately. So there's a little b it of both. But I think the -- it was the first was the -- sort of the issue there.
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QUESTION: Then when donors were either excluded or deferred - - and this next question is not limited to previous blood transfusion -- what were the circumstances in which a donor might be advised to go and see their GP and have further testing? ANSWER: I mean, that usually -- that was sort of a rather 191 individual decision. It might start with a medical officer -- in those days it was a medical officer a t the session and not a clinical nurse specialist, bu t you would have -- they might recognise, particularl y being a general practitioner, they would recognise that there was an issue that needed following up an d would do so. And the second was, when that wonderful illness book, duplicate book, information came back from th e session and the medical officer at the centre looked at it, they might recognise that there was a need to obtain additional information. Probably more often, in that case, it was obtaining more information rather than passing the -- asking the donor to get further care and treatment. But I thi nk at the sessions the medical officer was probably th e one who was asking people to -- suggesting that the y get followed up. There is of course the case of those who were found to be positive for infectious and transmissib le disease.
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QUESTION: Yes. ANSWER: Very different requirement to go and see somebody.
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QUESTION: Then if you had a donor who was being deferred or s ent away because they'd had a blood transfusion in the 192 past -- I appreciate the period of time might vary depending upon the particular set of guidance in operation at that time, but if you were doing that, was there any practice of telling donors why it was a transfusion might mean they shouldn't give blood at that stage? Would they be told, for example, "Well , there is a risk of infection and you perhaps you mi ght yourself want to go and get tested"? ANSWER: I don't recall that being certainly a written polic y. I'm pretty sure it wasn't a written policy. Did th e medical officer at the session do that? Certainly, there was the option to discuss the issue. It depe nds on the -- you know, it does depend on the individua l doctor, and patient -- sorry, the donor. But, no, I don't think we had a proper policy on saying you must tell the person who has received the transfusi on that they might be at risk.
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QUESTION: Cases of possible transfusion-associated hepatitis, is it right to understand that you did not report such cases to the CDSC? ANSWER: Well, if a patient had a transfusion -- well, had a transfusion and then developed hepatitis, that -- I don't think -- I don't think we were informing th e CDSC ourselves. Whether the hospitals did, because the person -- the individual was still a patient of 93 that hospital, becomes different once you start to get into look-back and find issues there. But no, I th ink the reporting in the case you referred -- in that situation you referred to, would have been more lik ely at the hospital and the transfusion centre level.
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QUESTION: Do you think it would have been helpful to have som e kind of reporting obligation and a body, whether it was CDSC or another body, to whom all such cases of transfusion-associated hepatitis should be reported ? ANSWER: Oh yes, definitely it would have -- it is the sort of thing that, you know, you look at and think: well, we should have taken -- there should have been a broad er sort of picture of this, and therefore information gathered -- should be gathered in one place, certai nly something the National Directorate could have assis ted with.
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QUESTION: Then next can I ask you to look at your statement, WITN6935001. Page 108, please, Sully. If we look at the bottom of the page, paragraph 171, there's the reference there to "Maxi mum benefit at minimal cost". And then I'm not asking you about the first sentence in the context of the question. I've just been asked to ask you more generally to talk about the concept and explain wha t 194 it is when you talk about maximum benefit at minimu m cost, and then the shift that you then talk about t he move to whether risk of injury to patients becomes more important. Can you just flesh that out for us? ANSWER: Yes. Certainly if you read some of the documents t hat have been supplied and a couple of journal articles , there were groups, certain people who were saying w e shouldn't move to maximum -- we shouldn't move to minimising risk, irrespective of cost. There was certainly this feeling that -- more than feeling -- that, you know, you go for maximum benefit at minim um cost, which means that you leave a number of people at "risk of injury", as it's put here. And certainly, you know, we've seen that that sort of almost paternalistic approach to care is no t what we see today. And I think that move was occurring then. As I think I mentioned elsewhere i n my statement, it wasn't a sort of a sudden change b y the organisation, by the NBTS, but, you know, you could feel that change coming. We were prepared to introduce a test which was not going to, if you lik e, save a large number of lives -- it was going to sav e a lot of individual lives and distress, and so, you know, we're moving from, "Oh, we don't need to worr y 195 about that, it's too expensive", to "We do need to care about the patients and our donors." So it's a move that was occurring, and I think in some quarters of the Transfusion Service they we re late in coming to that sort of conclusion.
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QUESTION: Next -- ANSWER: I hope that helps you.
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QUESTION: Thank you. The next question relates to the delays in the introduction of hepatitis C screening. One of the concerns expressed in documentation at the time is about false positives. What was your view on the issue of false positives and how to deal with donor s or the possible situation of donors being given false-positive results? ANSWER: Right. Well, if you go back to HIV screening, we'd already faced this issue. There were already cases of donors who were marked as positive, and they weren' t because they were not infectious. So we've had to face that before. And so you try and -- you go dow n to your roots. One is get you positive on initial screening, you do repeat screening, you then do confirmatory tests, and you still end up with some where you're not quite sure. So, in those cases, you are asking those people to be seen and I think in one of the letters from t he 196 Centre, you know, we sort of expressed that. We do n't think that you're infectious but you really need to see someone who can really take you through more detail, and get it sorted out. It's not going to b e pleasant for the individual but that, I think, in m y personal opinion, that's a more acceptable issue to handle than not testing at all. So we're going to test, we're going to have positives, some of them will be false positives and we're going to do additional testing, we're going t o pass them on for others and well try and, you know, support the individual during that initial phase wh en they're suddenly faced with "Oh my goodness, I migh t have something nasty". The next question goes back to a completely different topic. This is about the actual process of donor screening.
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QUESTION: In the Northern Region, could you just help us with understanding who was undertaking the screening. I f we leave aside at the moment the Teesside office an d talk about the rest of the sessions, whether they w ere general public sessions or industrial sessions in t he Northern Region -- ANSWER: Okay. 97
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QUESTION: -- was it a donor session clerk with, then, referra l to a medical officer in some instances? ANSWER: Yes, the donor -- actually it was the same for both the Teesside office and the new -- sessions out of Newcastle. At both sites we employed people who we re specifically looking after donor issues. So they w ere clerks, yes, but they were trained to carry out certain tasks and they rotated between working with in the Centre, where they might be fielding some questions from donors by phone, out to the sessions where they would be asking donors the questions, an d, you know, recording information and making decision s. And we did introduce training as ...[frozen screen]... for the donor clerks to help them. And as you said, then, if they couldn't resolve something, they would pass it on. And one thing we did try to do was to provide them with better and more usable information. If y ou look at some of those donor screening, donor care a nd selection documents, one of which you presented to me, from 1977 I think -- it was later, but anyway, thos e documents are not that easy to use. You've got different lists in different places, not easy -- it 's very well laid out. So we did try to improve what we were giving to the donor services clerks to make th ose 198 decisions.
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QUESTION: When in May/June of 1991 there was a backlash in relation to your decision to introduce hepatitis C screening ahead of the common start date, what was the response, if any, of your Regional Health Authority ? Were they supportive of your position? ANSWER: Yes. I had absolutely no problem. I had no advers e comment from the Regional Health Authority, any of its senior officers ...[frozen screen]... actually it w as probably the Regional General Manager at the time, but, you know, no problem. There was -- I mean, th ey didn't phone me up and slap me on the back and say, "You're a jolly good fellow", but I had no complain ts, no one is saying, "You shouldn't have done this". No one saying, "Oh, you've put us in a difficult position". So I certainly have no complaints about how they acted.
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QUESTION: And then the last question is this: did you get any sense during the decision making in relation to hepatitis C testing, whether from Dr Gunson and -- ANSWER: Sorry, could you --
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QUESTION: Yes, I'll start again. ANSWER: I'm sorry, I'm going to have to ask you to start th at question again.
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QUESTION: No problem. 199 During the introduction -- the decision making about the introduction of hepatitis C testing, or indeed after you'd introduced it, did you get any sense that litigation, in particular the fact that there had been the HIV Haemophilia Litigation again st the Department of Health, and others, did you get a ny sense that that was playing a role in the desire to present a unified front? ANSWER: I mean, that was my impression. I don't think I ha ve any documentary evidence to support it but my impression was, you know, as long as we all start together, no one can criticise us. And I think tha t was probably the same with HIV, but certainly with hepatitis C. As long as we all do it together, tha t's a great defence because how could you -- how can yo u go after one particular individual or one section o f the organisation when they all did it together? I've said before, that completely forgets the issue of the patients.
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QUESTION: Sir, we are turning to the issue of domestic production of blood products and questions around t he self-sufficiency. There will be a series of presentations in the coming weeks and then some ora l witnesses as well. We are beginning with a presentation on production of blood products in England and Wales. We will follow that with some individual presentations on Dr Lane and Dr Smith, two significant figures from BPL, which will be done by Ms Richards towards the end of this week. Next week, Mr Boukraa will present a chronological account of blood product production in Scotland. We will also look at pool sizes that wee k, and then we will have the witnesses following up wh o are Dr Snape, Dr Perry and Dr Foster. ANSWER: And will we be examining in the -- although we're separating England and Wales from Scotland, and Northern Ireland is going to come in there I think next week, isn't it? 2
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QUESTION: Yes. ANSWER: We are going to bear in mind, are we, that there may have been sources of production if one viewed the whole as United Kingdom.
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QUESTION: Yes. That is something that will be touched upon today and examined in more detail next week by Mr Boukraa. Northern Ireland will be dealt with more with Scotland because that is where product began to be made in the 1980s for Northern Ireland. Again, it will be touched upon today and some evidence as to why that arrangement came to be. ANSWER: Will we in the course of the presentations be looking at, or in the course of th e next two or three weeks, be looking at the question of whether Scotland could have supplied more in respec t of the UK's consumption than it did?
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QUESTION: Yes, we will be looking at that. In preparing these presentations, we are very conscious of the f act that you have heard oral evidence. These presentations aren't an effort to try to surpass th at oral evidence or even to try to analyse it. They a re a piece of a jigsaw to go with the oral evidence rather than replacing it. ANSWER: Those who read the opening words of 3the presentation will be left in no doubt this is n ot the view of the Inquiry. These are relevant docume nts and, to assist understanding, you put them in chronological order and made observations about the m, but they are as good as the person who is making th e observations.
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QUESTION: Exactly so, sir. These are not our submissions. These are an account of what the documents seem to us to show. ANSWER: And you will be open to others who look at the documents to interpret them in a differ ent way, if they think that is appropriate, and to persuade me in their submissions that that's the wa y I should look at them.
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QUESTION: Absolutely, sir. Two people can look in good faith at the same document and come to differing conclusions, and that will be -- there will be an opportunity for all Core Participants to make those submissions in due course. ANSWER: Yes.
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QUESTION: This presentation that I'm going to start today, and I'm sure will go into tomorrow as well, doesn't attempt to be comprehensive. It is inevitably base d upon a selection of the documents, otherwise we wou ld be here for many, many weeks. 4No special status is gained by a document being included or excluded and, as you've just been sayin g, sir, the Core Participants may well feel that there are other documents which are equally or more important, and they will have an opportunity to bri ng those to your attention in due course. All conclusions, sir, are for you, and your counsel team do not seek to trespass on that territ ory at all. The Core Participants will also be aware that a report has been provided from the expert fractionators instructed by the Inquiry. It is als o on the Inquiry's website. We are not currently proposing to call the authors of the fractionation report to give oral evidence, and we are not seekin g to explore that report in the next three weeks. It 's there as background. It will have the same status as any other piece of evidence, expert or otherwise, a nd you can accept or reject it in part or in whole and give such weight to it as you feel is appropriate. If Core Participants have any particular observations on the report, then they can be provid ed as part of their written closing submissions which the Inquiry has asked to be filed in late October. I mention that so that everybody is aware of it. It is there, but it is not a resource that I will b e referring to in the next few days. ANSWER: Well, it doesn't deal directly with issues of self-sufficiency, though it does, I think , suggest that the first commercial anti-haemophilic fraction was produced in Sweden and marketed as AHF-Kabi or I-O, Kabi, and that was in 1956.
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QUESTION: I think that's right, sir, yes. It brings me on to where we are with this presentation which begins in the 1970s. There are other places where one can begin, as the fractionators have, back in the '50s. You, sir, have looked at some documents in the past from the 1960s, and in particular a letter fro m 1967, 22 August 1967. The reference is DHSC0100025_062. I didn't ask for that to be broug ht up, but that is a letter from Dr Rosemary Biggs to Dr Godber, the Chief Medical Officer, which raises in 1967 the question of domestic production of concentrates and suggests that 50,000 donors a year could be used to produce such concentrates in order to treat those who would most benefit from them at tha t time. There is this pre-history, but this presentation is going to begin in the 1970s where the impact of increasing commercial products and the product 6licences that we have seen were issued for Hemofil and Kryobulin, the impact those have upon the spur towa rds domestic production and a policy that was described as self-sufficiency. I use that word somewhat cautiou sly because it means different things to different peop le at different times. ANSWER: Just going back for a moment to Dr Biggs' letter to Dr Godber. That's a letter whi ch, what, in April 1967 anticipates, does it, that ther e would be a need for investment to make sure that th e BPL and PFC in Scotland were able to produce more. It envisages using red blood cells out of a donation o f blood and harvesting the plasma, so it fits in very neatly with some of the evidence that I've been hearing over the past few weeks. And she does rais e the question that if we don't get on with it, then we may have to rely upon commercial concentrates from elsewhere.
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QUESTION: Exactly so, sir. Perhaps we can bring it up as good a place to start as any. ANSWER: It might be a place to begin. It's a contribution to the debate.
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QUESTION: It is, and Dr Biggs is an important player in that debate, as we will see in the 1970s as well. It's DHSC0100025_62. We can see from the heading - - 7ANSWER: I was wrong about the April. It's August.
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QUESTION: It's August. 22 August 1967. We can see from the heading, should anybody need the reminder, that Dr Biggs was from the Oxford haemophilia centre, addressed to Dr Godber, Chief Medical Officer and w hat the letter says is this. The first paragraph is ab out thanking Dr Godber for an invitation to join the committee. Paragraph 2: "I should like to take this opportunity to mention the question of preparations for the treatm ent of haemophilia and Christmas disease. These are mainly human blood products and do not, I suppose, class as proprietary preparations. The preparation s I have in mind are concentrates from human plasma o f factors VIII and IX used for the treatment of patie nts with haemophilia and Christmas Disease respectively . "Both of these preparations are in very short supply in England, and at present they're also scar ce everywhere in the world. They are so important for the treatment of these patients that their use make s the difference between life and death in many cases , and the difference between quick recovery and long, drawn, painful illness with residual crippling in m any others. At present, many haemophilic patients are not 8aware of the great efficacy of this treatment and d o not attend as they should for treatment. In the ne xt year or two, I would expect that these patients wil l attend for treatment. "I have estimated on the basis of our practice that a minimum quantity of these concentrates requi red at present is the product from about 50,000 donors a year." I pause there, sir, to say that there are various measures that are used about the quantity o f plasma that is required to produce concentrates. I n the period here and into the early 1970s, the metri c tends to be donors or donations. ANSWER: Well, they didn't yet have an International Standard for Factor VIII activity, di d they?
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QUESTION: That's right. That's right. ANSWER: When did that come in?
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QUESTION: That comes in the mid-1970s when, firstly, there is a reference to units and then it becomes international units. That refers to the end produc t, how much is actually made. The way that how much plasma goes in to make that end product is describe d in various ways, initially from donations, later it comes to be referred to either by weight, by kilogr am, or by volume, by litre. But in this early period i t is donations. It is quite hard sometimes to translate between the different figures and must be done with a degre e of caution. I'll come back to that on Thursday whe n we look at some statistical analyses and graphs of plasma supply and blood product production in Engla nd and Wales. But at this period, we're talking about donors or, probably more accurately, donations. 50,000 is the figure given here and that is a figure to keep in mind as we go forward through the 1970s. Returning to the document. I quote: "When all of the patients come for treatment more would be needed. The supply of plasma as starting material for fractionation would, I think, be no problem since the use of the red cells can be organised. This shortage of material to treat thes e patients is not new, but at the meeting I attended recently, the plans made by the United States to de al with the shortage were outlined. I have good reaso n to believe that within the next year or two very la rge amounts of these products will become available on a Commercial basis in the United States. I estimat e that the product from more than 1,000,000 donors 10 a year will be processed. When this material comes on to the market we shall be obliged to buy it at a ve ry high cost for our patients unless the English short age can be remedied." Going on to paragraph 5: "In this country we have pioneered this treatment, we have the personnel who know how to ma ke the products, we could easily have enough plasma to serve as starting material. It would seem to me a great pity if we cannot make our own material in this country for lack of the organisation, apparatu s and buildings in which to work. The purchase of th e finished products in the United States will undoubtedly be very costly. A part of the United States product will be made on contract by t he American Red Cross and will presumably not be available for sale aboard but a large amount will b e made by commercial enterprises and on sale. On present prices a course of anti-haemophilic treatme nt for one emergency purchased from the United States would cost $1,500 to $5,000. Surely it would be le ss costly to us to do everything to expedite the manufacture of these fractions in England and in particular to accelerate as much as possible the ne w fractionation buildings at Elstree and Edinburgh. 11 I feel that it is perhaps time to try to reassess t he quantities of these products that might be needed a nd to try to work out an emergency plan to try to meet the need." That's Dr Biggs, August 1967. As you say, sir, some of the themes that come out of that letter include the reference to red cel ls, and that's the idea that one can separate red cell concentrate from the plasma, thereby allowing more plasma to be fractionated, the red cells to be used in blood transfusions, a more efficient use of a blood donation. There is also reference to the potential cost of the imported products, and a plea, that is not to put it too high, to start thinking about what ca n be done in England and Scotland to produce more products domestically, given that, as Dr Biggs said , the relevant expertise was available in the country . But the reference to Elstree and Edinburgh: Elstree is a reference to the Blood Products Laboratory and Edinburgh to what becomes the Protei n Fractionation Centre, the discussion of various building works that were ongoing at that time. ANSWER: She refers also, in one word, I think, to the necessary organisation to do it --
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QUESTION: Yes. 12 ANSWER: -- which we've heard, again perhaps, a lot about just recently.
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QUESTION: Yes, that will be something that comes up again repeatedly in the '70s. Of notice, the fact that t he letter was addressed to Dr Godber at the Department of Health -- ANSWER: Yes.
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QUESTION: -- or, as it was then called, the Ministry of Health, later becomes the Department of Health and Social Security. I will be coming on to the '70s shortly but, just so there is a route map of where we are going to go, the intention of a presentation is to trace the rise in demand for Factor VIII concentrates in Engl and and Wales and the associated calls for national self-sufficiency, which pick up on what Dr Biggs sa id in that earlier letter, and indeed are amplified by Dr Biggs herself. We will look then at how that fed into estimates for future usage and planning on how to increase bo th plasma supply and the production of blood products. We will consider the response of the DHSS, and the Regional Health Authorities, then a discussion of t he announcements in late 1974 and early 1975, about wh ich you've heard some evidence from Dr Owen and others, 3 the £500,000 of central DHSS funding to increase plasma supply for fractionation. We will look at how that money was spent, what was said about it and what was achieved. We will t hen turn into increases in demand for factor concentrat e in the second half of the 1970s, and the revised estimates that follow. We will look at the related need to redevelop BPL at that time, both through increased capacity a nd in response to the Medicines Inspectorate report. This led to what was called, originally, the Stop G ap programme, which, as the name suggests, was an inte rim measure for some redevelopment before a full redevelopment of BPL. That programme was later changed to be called the MARP01 programme, MARP standing for Medicines Act Rehabilitation Programme , and again, as the name suggests, you can see how St op Gap has been knocked off course by the Medicines Inspectorate report, although there is a great deal of overlap between those two programmes. At that stage, sir, the presentation comes to a point where Dr Walford's presentation to you bega n, which is discussion about the full redevelopment of BPL. To lapse into an analogy, the camera, at that point, is going to pan out, both in the written 14 presentation and the oral presentation, to give an overview of the events that led to the redevelop ed of BPL but there is no intention to try to repeat t he detailed evidence that was given by Dr Walford and by reference to the documents about that period. There is similarly going to be an overview of the introduction of heat treatment at BPL and at it s sister plant, the Plasma Fractionation Laboratory, PFL, in Oxford. More detail is going to be provide d on those matters when Ms Richards takes you through the presentations on Dr Richard Lane and Dr Jim Smi th. So I will touch very lightly, if at all, orally on those, but there is an overview in the written presentation, which may assist to provide some background, some context for what is to follow. Having gone through the events chronologically, the intention is then to zoom in again with the cam era on a couple of thematic points looking at the data the Inquiry has identified on three issues. The plan i s to do this looking across the 1970s and the '80s, s o that we can see the patterns developing without the chronology getting in the way. The first is about the estimates that were made for Factor VIII usage during the '70s and '80s. Th e second issue was the level of plasma supply to BPL and 15 PFL, and the third issue is the amount of Factor VI II concentrates that BPL and PFL could have produced a nd did produce during that time. By looking thematically at those matters, it is hoped that this will help to identify the shortcomi ngs that meant that clinicians in England and Wales continued to use imported concentrates throughout t his period. The written presentation will be published on the Inquiry's website; I'm not quite sure if it is up there yet, but it will be there soon if not. It is also available on Relativity. I understand, at the moment, it is only available to the legal representatives of the Core Participants but it wil l be made more generally available on Relativity. It is accompanied by seven appendices that will be publis hed and disclosed in the same way and they provide more detail on specific points, for example the detail o f how the £500,000 was spent on a region-by-region basis, and the documentary evidence about the role of the SAG-M additive in the plasma supply. Now, I won't seek to summarise all of those appendices, they're intended to assist on more technical and more granular details that are important, and I would invite everybody who was 16 interested to read those, but, for reasons of time, we will not be going through those in enormous detail. The exceptions are Appendix 1 and Appendix 2, which will form the mainstay of that thematic presentatio n that I've just discussed. The focus of this presentation is on Factor VIII, the product that was more widely used in England and Wales and posed more problems for Government and fractionators in terms of providing enough of it. England and Wales was largely self-sufficient in Factor IX for much of this perio d. There were imports, particularly following the introduction of heat treatment, and that's somethin g we will touch upon, but the focus will be on Factor VIII. There will also be a presentation nex t week on the specific question of the pool sizes tha t were used in BPL and in PFC and indeed in Oxford as well. As you know, sir, it will be myself and Ms Richards and Mr Boukraa who are giving these presentations but we have been assisted enormously by the hard work of the Inquiry legal team in preparin g them, their names have been added to the appendices and the main presentation as well. We are extremel y grateful for everything they have done. 7 Before diving into the 1970s, it may be helpful just to explore briefly a few themes that emerge in this period on this topic. The first theme is real ly to identify the three elements that determined how much domestic Factor VIII concentrate could be produced. Those three elements were the plasma supply, the ability of BPL and PFC to fractionate t hat plasma, and the planning assumptions that went into both plasma supply and fractionation capacity, and those assumptions were based on estimates of demand for the products. Those are the three elements tha t we will look at repeatedly. The second theme, and something that you, sir, have already touched upon, is the lack of a central body with executive powers to direct and coordinate those with the responsibility for those three different elements. Plasma supply fell within the remit of the Regional Transfusion Centres and the Regional Healt h Authorities that funded those Regional Transfusion Centres. Fractionation fell within the remit of th e Blood Products Laboratory and the Protein Fractionation Centre. The DHSS, funded both of tho se elements but it did so indirectly, in general, with one exception that we will come to look at. The 18 clinicians were working within the NHS and, again, the funding came ultimately from the DHSS, but there wa s a strong value placed on clinical freedom and clini cal independence. Ministers and civil servants had little power or inclination to dictate policies to doctors, transfusion directors and fractionators, and they equally may not have taken kindly to attempts to do so. These different groups were both interdependent and independent. The third theme associated with that lack of a central executive body was the lack of a single accepted definition of what self-sufficiency meant. This a matter on which you have heard evidence befo re. Did it include prophylactic treatment? Behind that question lay the wider issue of the type of life th at those with haemophilia should aspire to lead. We w ill hear some of the debate that took place on that poi nt. It is covered in particular in appendix 2. Throughout that theme, there is an underlying question of whether or not an assessment should be made of clinical need rather than clinical demand. Clinical demand reflected what patients and clinici ans would like; clinical need reflected what those more 19 centrally thought should be supplied. ANSWER: At some stage, we may have to think about, and I don't necessarily suggest in this week , how both of those, demand and need, reflect what th e patient wanted.
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QUESTION: Exactly, exactly. That is not something that we will be looking at in detail this week, because the focus is rather at the other end of the telescope about how fractionators and civil servants and regional administrators responded to what they understood the demand to be. It is not a question of how that demand was formed, in terms of how much information patients had, and what their views were compared to the views of the clinicians. That is not something that I seek to discuss in the next couple of days. It is a very important po int and it is not one that -- I know, sir, that it is n ot one that you will overlook but it is not the focus of this presentation. ANSWER: It's just that it can be difficult to talk about clinical need across a group, when on e person's needs may be something for that person to have an input into, as opposed to something which i s determined by the body looking at what they need in their opinion, and that was what I had in mind -- 20
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QUESTION: Yes, absolutely. It's the top-down and bottom-up approach. ANSWER: -- how those two, personal autonomy and clinical decision making or, for that matter, strategic decision making, fit together.
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QUESTION: Yes. The fourth theme that we've identified is the importance of the availability of commercial produc ts in pushing forward both demands for self-sufficienc y and pressures on clinicians, on politicians and civ il servants, and on fractionators. Those commercial products threatened, at least in some eyes, the ver y existence of the UK's voluntary donor system. As w e will see, in the early stages of the development of the policy on self-sufficiency, the drive comes fro m cost and the need to try to produce a domestic prod uct that wasn't as expensive as the commercial imports and to provide enough of it to ensure that the commerci al imports didn't dominate the UK market. Later, principles about safety and altruism also developed within the argument. The protection of t he voluntary donor system is something that weighed ve ry heavily, particularly on Dr Owen. Finally, sir, a theme which runs throughout the earlier period is the financial pressure on all 1 involved, particularly in the 1970s and start of th e 1980s. It's a common theme across those different bodies, the clinicians, the fractionators, the civi l servants, the Regional Health Authorities, in that period, in the 1970s. No attempt is made here to t ry to describe the difficult economic environment in which these decisions were taking place, but that i s, of course, a factor which weighed very heavily upon all of those involved. With that production, sir, and mindful as well of the letter that we've looked at from Dr Biggs, we're going to turn to the early 1970s, and the imp act of commercial blood products. If we could bring up, please, Paul, OXUH0000673. This is a letter dated 18 July 1972, and if we coul d turn, please, to the second page, Paul, just at the bottom we can see who it's from and to. From Dr Rizza, of the Oxford Haemophilia Centre, and it's sent to W Trillwood who is the director of pharmaceutical services, the relevance of his role there is -- will become obvious as we read through. We can see that it is copied to Dr Biggs, Dr Bidwel l, who worked at the Protein Fractionation Laboratory in Oxford, and Dr Maycock, who was the director of BPL and consultant adviser on blood transfusions to the 22 DHSS at that time. What Dr Rizza says in the letter is this: "Dear Mr Trillwood, "During the past twelve months we have been experiencing increasing difficulties in meeting the needs for AHG for our haemophilic patients." A pause there, sir, to say it is a reference to antihaemophilic globulin. It is used, often interchangeably, in this period with the word "concentrate". I have used the word concentrate mo re consistently in the report just so it is clear what he is talking about, but here he is referring to Factor VIII concentrates. "At present we rely entirely upon human cryoprecipitate supplied by Dr Grant of the Regiona l Blood Transfusion Centre and freeze-dried human AHG concentrate supplied by Dr Bidwell of the Plasma Fractionation Laboratory, supplemented by a small amount of human AHG from the Lister Institute of Preventative Medicine, Elstree." Pause there, sir, that's what becomes BPL. "During 1971 we received and used concentrates of human blood clotting factors derived from more t han 20,000 blood donors. This material was mainly from donors in the Oxford Region and we are deeply indeb ted 23 to the Regional Blood Transfusion Service for the co-operation over the years which has made it possi ble for them to channel plasma from nearly a quarter of the total donations of the Region into the fractionation process. "Despite this seemingly excellent supply, we are chronically short of material to treat the ever increasing number of patients that come to Oxford. This shortage is not new and we have always had to give priority for treatment to emergency cases and to the treatment of children to prevent crippling deformity. This restriction has meant that the surgical waiting list for patients requiring non-urgent operations has grown and at present 25 patients are on the list. About half of the patien ts treated in Oxford during 1971 were from the Oxford Region and half were from other parts of the United Kingdom." Go on to the next part of the letter. Thank you. "Until recently this shortage of therapeutic material was unavoidable since no suitable commerci al material derived from human blood was available. There are now two sources of supply, one is from th e Hyland Laboratories and the other is from Immuno AG of 24 Vienna." Pause there to note that's a reference to Hemofil and Kryobulin. "Both are expensive and it would require material to the value of £2,000 to treat one operat ion case. Both of these preparations are clinically effective and have been used extensively in other countries. The Immuno concentrate has the advantag e of being derived from blood which has been tested a nd found to be free of Hepatitis Associated Antigen, t hus diminishing the risk of hepatitis. "At present we are often forced to balance the needs of one patient against those of another in allocating treatment. This potentially dangerous practice was reasonable when there was no alternati ve supply of therapeutic material. We feel now that g ood material is available commercially our supply shoul d be supplemented by the use of this commercially available concentrate. It seems to us quite unethi cal to continue to withhold treatment from patients whe n material exists to supply their needs. "We therefore ask that the Immuno AG Factor VIII concentrate be bought at an estimated cost of about £15,000 per annum for use at the Oxford Haemophilia Centre. About half of the patients for whom this 5 material would be used would come from other region s and most of the material would go to cover patients requiring major surgery. This additional supply wo uld much increase the safety margin for the treatment o f urgent cases and would permit us over the years to lessen the waiting list for non-urgent operations." That is Dr Rizza, 18 July 1972. A couple of things to pick up from that. First is that many of the predictions that Dr Biggs had m ade in 1967 were now coming to reality, albeit perhaps a few years later than she had anticipated in her earlier already. It's notable that Dr Rizza's requ est for funds was based on a medical assessment of clinical needs and was framed by reference to medic al ethics. It is also notable that it's the recent availability of commercial concentrates which have prompted his concerns in that regard. We also highlight the fact that Dr Rizza expressly acknowledges the expense of those concentrates. Finally, we note that the request that Dr Rizza is making is about obtaining material to facilitate surgery. No reference is made at the time, in 1972 , to either home treatment or wider prophylactic treatment. As is set out in the written presentation, 26 Dr Rizza's concerns were shared by others and refer to the paragraph [14] of the written presentation. I won't go to all of the documents that were in it. We can see there that in October 1972, there was a meeting that took place of Haemophilia Centre Directors and, following that meeting, the Chair, Professor Edward Blackburn of the Sheffield Centre, wrote to Sir George Godber, the Chief Medical Offic er, and requested that the DHSS establish an expert committee. That committee, he said, should conside r the supply of therapeutic materials in relation to the treatment of haemophilia and allied disorders. In the letter and at the meeting, Professor Blackburn expressed that his colleagues had referre d to a preference for concentrates over cryoprecipita te, which is something we will pick up in some further documents, and he also mentioned the desirability o f home treatment. In his letter, and I won't take you to it but I will just quote the concluding section, he said: "The directors feel there is an urgent need to increase supplies of Factor VIII concentrates, in particular those of freeze-dried concentrate. Many feel that if a British preparation cannot be made available very shortly, the commercial preparations 27 should be bought." An interesting distinction there, perhaps, sir, that the first sentence, the need to increase domes tic supply, appears to enjoy the unanimous support of t he directors. The second sentence about buying commercial products in the interim, is expressed by reference to "many" feeling that way, so not unanim ity on that one. Professor Blackburn's letter was copied to Dr Richard Maycock, who I have said was the consult ant adviser and also the director of BPL. He expressed concern over the cost of commercial concentrates an d supported the proposal of a working group being set up to look at this matter. In a memorandum dated 7 February 1973, which is referred to at paragraph [19] of the written presentation, Dr Maycock said that, in his view, an d I quote: "As far as possible, the UK should aim to be self-sufficient in the supply of preparations of antihaemophilic globulin and Factor IX." He goes on to say that the preparations made in the UK can be as good as any commercial preparation and are available more cheaply. He also adds that there is insufficient supply at the moment, and 28 pressure from those who are using the products, because of the commercial material that is being ma de available to them. The interventions of Professor Blackburn and Dr Maycock led to the DHSS establishing an expert group. We can see that thought is being given to t his at the most senior levels within the department because in an internal minute dated 20 February 197 3, at paragraph [20} of the written presentation, Sir Philip Rogers, who was the Permanent Secretary and so the most senior civil servant of the department, was said to be, and I quote, "Concerned about the possible financial consequences and is anxious that these should be quantified as soon as possible, bearing in mind the scope for meeting blood product requirements from home sources." So he is expressing concern about the cost of commercial imports and the question of what can be done domestically to meet the supply demands. On 6 March 1973, Dr Godber, the CMO, sent a circular to all senior administrative medical officers, has copied it to Haemophilia Centres and other regional health administrators, and informed them that the expert group would be formed. That circular is referred to at paragraph [21] of the 9 written presentation. We can see from it that concerns about cost are, again, at the forefront of Dr Godber's mind. There is reference to the commercial products which are being provided, and Dr Godber says, and I quote: "It has come to the notice of the Department that one of the firms is already engaged in active promotion of this expensive product. The firm has indicated that they can supply a large quantity of human AHG concentrate, and this could result in ver y significant expenditure if amounts were bought in excess of immediate needs." I stress those last words, sir, because that is again hinting at this debate about what these concentrates should be used for. "Immediate needs" may suggest -- is often referred to as on-demand treatment; a response to a bleed, and possibly also emergency surgery. There is in this document the circular that was sent by Dr Godber no reference to safety concerns about imported commercial concentrates. The expert group on the treatment of haemophilia is the body that was set up to examine these questions, at the prompting of Dr Maycock and 30 Professor Blackburn, and it met for the first time on 20 March 1973. At that meeting, it considered a pa per that was presented by Dr Biggs. We will look at th at paper first before we then look at a discussion tha t followed. If we could go, please, Paul, to PRSE0002553. We can see that although the paper is marked "Draft ", we think that this is the version that was seen. I t is entitled "Factor VIII concentrates and the treatment of haemophilia". We can see from the tit le page that it is Dr Biggs who has written it. If we could go on to the next page, please. I'm not going to read all of the way through this document. I'll point out how the document was structured and some of the calculations within it before turning to the conclusions and also highligh t one or two passages as we go through. What Dr Biggs is setting out to do is trying to discuss the pros and cons of cryoprecipitate and factor concentrate and to work out the needs of patients with haemophilia in the UK. And she begin s, as we can see halfway down the first page of the report, by discussing the number of patients with haemophilia per 100,000 of population. And if we could turn to the second page, please, 31 Paul. The figures that she adopts, or the range th at Dr Biggs adopts, is between 1,754 and 3,000 patient s. And we can see that that is expressed to be for Gre at Britain. I read that as meaning Great Britain and Northern Ireland, but that's my interpretation, not something which is expressed in the document. Dr Biggs stresses that that is an estimate and it i s not based on exact data. There was no central database at that time. On the figure for 1,754, she says that this is the number of patients known to have attended Haemophilia Centres. But she says that we know tha t there are more than that number of patients because cryoprecipitate is also sent elsewhere and has been used in other hospitals as well. So she says the lower limit for the number is 1,754; likely to be more. The upper limit is not known for certain. If we look at the next section, the Factor VIII preparations at present used to treat haemophilic patients, I'm just going to read a few paragraphs f rom this because it's -- ANSWER: That would be severely affected patients, would it?
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QUESTION: This is an attempt to calculate the total number of patients. We will see later in the document tha t 32 there is an estimate of the number of most severely affected. ANSWER: Well, the reason I say that is if we look at the top of the page, she starts off talking about the United States estimates, and she says: "The estimate for the severely affected patients in the USA indicates about 12,000 patients in a population of 200 million. For Great Britain, th e total would be between 1,754 to 3,000." That looks as though that's for severely affected. Presumably people who were severe haemophiliacs is what she means by that, but that, again, is an assumption which may be wrong.
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QUESTION: I think so, sir. A problem with many of these documents is that it's not entirely clear what it i s that -- or what the numbers represent, whether or n ot this is intended just to be people with severe haemophilia or others as well. As we will see in the debate that follows, there is a number that is given. And tempted though I am to try to pluck it out of my memory, I would undoubted ly get it wrong if I do, so I will resist the temptati on, but we will see that number given later for the amo unt of people that are considered to be or -- who would benefit most from the concentrates being provided a t 3 home. And that figure may correlate more closely t o those with severe haemophilia. Certainly, the data on which she draws is a US study about people with sev ere haemophilia, and then she extrapolates that over to the UK. And in fairness to Dr Biggs, she emphasise s repeatedly this is not exact. Turning, then, to the Factor VIII preparations at present used to treat haemophilic patients. Thi s is helpful just to gain an understanding of the bas e level, where they were at that time, before considering what they planned to do about it. If we -- if I read from that, Dr Biggs said this, and I quote: "At present, the treatment of bleeding in a haemophilic patient consists in giving a calculat ed dose of an anti-haemophilic factor (Factor VIII) preparation as soon as any symptoms of spontaneous bleeding arise and of giving enough material during and following operations to maintain normal haemostasis. "Each of the haemophilic patients treated at Haemophilia Centres during 1971 had on average received material from 122 donor units. This figur e refers to the total amount of material that the patient received. It does not refer to the number of 34 donors to whose blood patients have been exposed through the use of pools of plasma. "Most of this treatment was for on-demand treatment which is given whenever a patient feels t hat a haemorrhage is occurring and for major surgery an d for dental extraction. At many Haemophilia Centres , the directors feel that they could use at least twi ce as much material as they receive but that the prese nt shortage of materials leads to a dangerous selectio n between more or less urgent cases for treatment and the accumulation of patients on long waiting lists for non-urgent operations." That last comment, sir, is one that echoes the letter from Dr Rizza that we looked at earlier. If we could turn to the next page, please, Paul. Electronic page 5. We can see that Dr Biggs then g oes into a comparison of concentrates and cryoprecipita te and, in particular, compares four different aspects . The first is the yield of Factor VIII activity. He re it is -- the word "yield" is being used as a measur e of the efficiency of both concentrates and cryoprecipitate in using a blood donation and providing the necessary treatment to the patient. Elsewhere, "yield" is used in a more technical sens e. The second criteria is the convenience of 35 a material in preparation and in use. The third criteria is the reliability of material from batch to batch. The fourth criteria is the complications which might attend treatment with the various preparation s. I will summarise Dr Biggs' findings at paragraph [28] of the written presentation. I won't take you all the way through the document. If I summarise briefly, on "yield", Dr Biggs' ultimate conclusion is that the two products are equally efficient. On convenience of manufacture, cryoprecipitate was stated to be easy to manufacture in small doses , but, I quote: "On a large scale and widely distributed over centres with very different facilities, the method is less satisfactory." Concentrates, by contrast, required a higher capital expenditure but were, in her assessment, probably less expensive in the long run. On convenience of use, Dr Biggs referred to the need to thaw cryoprecipitate. The fact that the process of making up cryoprecipitate was, in her words, open to many abuses. She stressed the varie ty in the activities of individual doses in cryo and t he need for a deep freeze. She contrasted that with 36 concentrates which she said were, and I quote, were "very convenient to use". On reliability from batch to batch, Dr Biggs referred to data from the study that had been conducted and found that cryoprecipitate was very variable, and concentrates in contrast could be assayed to give a reliable estimate of dose activit y per dose. On the final criteria, the complications, I will take you to the document. I will take you in particular to electronic page 10. This is a sectio n which I think has been put in evidence before, but it's helpful to see it in the context in which it w as written and the context of the debate which is to follow. The heading is "Complications of treatment ", and what Dr Biggs wrote is this: "About 1 in 800 donors is a carrier of hepatitis B antigen. The larger the number of dono rs concerned in the preparation of concentrate, the greater the risk of exposing the recipient to mater ial containing hepatitis B antigen. The use of freeze-dried concentrate, which is made of pools of 200 donors (or even higher numbers for commerce material) must carry a higher risk than single donations. But there is the possibility that the 7 development of jaundice may be dose related and tha t single infected bottles may be more dangerous to th e individual patient than pooled material in which th e virus is diluted. Despite this, the frequency of hepatitis in severely affected patients does not se em to increase significantly with increased use of freeze-dried concentrates. This is shown by a low incidence of jaundice in patients treated in Oxford (who have half of the material given to them as freeze-dried concentrate) and in those treated at other British centres. The conclusion is also supported by data collected in the United States." Reference is made to an article -- letter by Kasper and Kipnis from 1972. The reference to that is in the written presentation: "An exception to this rule concerns the mildly affected patients to whom very little treatment is given. These patients do seem to have a higher incidence of hepatitis if large pool fractions are used. Kasper and Kipnis 1972 showed this, as did a lso the British Survey where female carriers of haemophilia treated with concentrate had a high incidence of hepatitis. "Since the majority of patients are in the multi-transfused category, the increased risk of 38 exposure to hepatitis would not seem to be an important disadvantage to the use of concentrates f rom pooled material. Hepatitis is, in any case, a complication which should decrease with universal screening of donors for hepatitis antigen. "The incidence of Factor VIII antibodies does not seem to be related to the type of material used ..." And a reference is made there to the British Survey. So this is a document which dates from 1973, and so the discussion of hepatitis there is of hepatitis B, rather than non-A, non-B hepatitis. ANSWER: And the comment about the incidence of Factor VIII -- sorry, that complication should decrease, I think universal screening of donors for hepatitis-associated antigen, hepatitis B antigen, have been introduced in 1972.
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QUESTION: I think that's right, sir. The test gradually improves in its sensitivity over the years as well. ANSWER: So what she is reporting on is material which was -- some of which probably was collected and manufactured into product, so far as it was concentrate, before it was screened.
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QUESTION: Yes. 39 Going back to the paper, we can see that the next issue that Dr Biggs turns to is the amount of Factor VIII concentrate required to treat haemophiliacs in Great Britain. And we can see fro m the paragraph that follows that she bases many of h er calculations on work that was done at Treloar's, in which observations were done of the students there of the number of bleeds they had per year. And then f rom that, Dr Biggs makes a number of assumptions -- necessary assumptions in order to do the calculatio ns but assumptions nonetheless -- about the number of bleeds per year, the amount of material that is required per bleed, average patient weight. If we go over to the next page, please. I won't take you through all the calculations. We can see there is also reference in the second paragraph to the amount of plasma that can be taken from each donati on, and the figure there is 200 to 220 millilitres of plasma. And we'll see in later papers reference in England and Wales at least is made to 180 millilitr es, so this may be optimistic as to how much plasma can be obtained per donation. Dr Biggs goes through these various assumptions and calculations to try to provide a figure for how much Factor VIII will be required per year. It's 40 important to note that she is talking here about on-demand treatment. And then in the next section, if we go over to page 13, she then adds in major surge ry, and then in the next section, page 14, dental extractions. So these are the calculations that ar e being done. And when she puts all of this together , page 15, we can see at the top of the page the ultimate conclusion that Dr Biggs makes is this: "Thus for all types of bleeding (spontaneous, at operation and dentistry and after) the total materi al required is likely to lie between 400,000 and 750,0 00 donor units per annum." I pause there, sir, and contrast that with the 1967 figure of 50,000. Dr Biggs's assessment now i s that it's between 400,000 and 750,000, and this estimate included on-demand treatment. ANSWER: Just one question. She's talking here, is she, about England and Wales as a whole?
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QUESTION: She refers to Great Britain. ANSWER: Great Britain, so that's the UK?
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QUESTION: I think that may be -- yes, a misonym For Great Britain and Northern Ireland. ANSWER: When she spoke about the 50,000 earlier, she spoke about it on the basis of "our practice", and her own reference in, I think, the 1 earlier letter of '67 was 20,000 units.
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QUESTION: Yes. ANSWER: So this may not be comparing like with like --
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QUESTION: No, I was about to say, sir, it is not a direct comparison. She does refer to "our practice" and - - ANSWER: Which may mean Oxford, and Oxford was recognised as a centre, wasn't it?
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QUESTION: It does and, from the context of her letter, she refers not just to Oxford but to patients who were coming into Oxford. ANSWER: Yes.
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QUESTION: So it is a significant proportion of England, but it is not the same figure here, which is betwee n 400,000 and 750,000. Of course, Dr Biggs, in her 1 967 letter, wasn't seeking to project into the future t he demand that would be required in six or seven years ' time; she was talking about what, in her practice, at that time, was needed then. That was the 50,000. The figure here now is between 400,000 and 750,000 donor units. Now that, she stresses, is for on-demand treatment, so bleeds, major surgery, dental extraction. A little further down the page, she goes on to 42 talk about prophylactic treatment, and I read from that section now: "Prophylactic treatment to haemophilic patients would require much more material since this treatme nt envisages regular administration of factor VIII onc e or twice a week to the patient regardless of whethe r or not bleeding has occurred. The estimate of the amount required for such treatment in the USA is 13 million donor units [reference to Stengle in 197 2]. So for Great Britain an estimate would be about 3 million donor units. Lazerson (1972) estimates 6 36 donor units per patient for prophylaxis which would give a maximum figure for Great Britain of about 2 million donors units. It is not at present certa in that this prophylaxis is desirable for even the mos t severely affected patients. It is certainly at present impracticable. In the USA about 4 per cent of patients receive prophylaxis. "Home Treatment should be distinguished from prophylaxis. Home treatment involves the administration of therapeutic material in the home by a relative, by the patient to himself, or by the General Practitioner. This form of treatment is becoming accepted and should not involve the use of more material than good Hospital care. In fact, th e 43 experience of Lazerson (1972) suggests that more material is not used for home care. There is no do ubt that the freeze dried concentrate is the best mater ial to use for home care. Were the most severely affec ted 1,000 patients allocated to home treatment this wou ld require about 250,000 donor units of freeze dried concentrate but this would be instead of, not in addition to, the doses given on demand in the hospital." We will come back to those figures in a second, sir. I note that that 1,000 patients who are most severely affected was the figure that I was trying to recall earlier. I would have got it right. I shou ld have guessed. ANSWER: But this may be no more than a calculating figure, because "were the most severe ly affected 1,000 patients", it isn't saying "of the patients, 1,000 are most severely affected". It is calculating how much would be needed for the worst cases.
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QUESTION: Yes. Yes. So it's not saying that is the total number of people with severe haemophilia in the country. ANSWER: Yes.
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QUESTION: I'm just mentioning in parenthesis here, sir, 44 that the assumption that is made there about home treatment, and that it shouldn't involve the use of more concentrate than in hospital, is an important assumption, which plays out in the estimates that follow. It is one that is later challenged. There is a suggestion that more concentrate is used, particularly in the early stages of home treatment, than would be used in hospital. ANSWER: Well, I think we saw some evidence of that when we were looking at the haemophilia centres and the use of concentrate, that home treatment was thought to add something -- this is a very broad recollection, I may be wrong -- but something in the region of a third on top, to the amount that might be needed compared to on demand.
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QUESTION: There is a debate which emerges about this. There is a sense that the higher use of home treatment, initially, is making up the previous under-treatment, which was done in hospital, and th e reference to "good hospital care" by Dr Biggs may b e hinting at that. There is also a subsequent debate, which is not quantified in the papers that I have seen, that the earlier treatment of bleeds at home leads, ultimate ly, to less concentrate being used than would be used i n 5 hospital because the bleed does not become as sever e. ANSWER: That certainly was the suggestion early on and used to justify, in part, home treatme nt, quite apart from the convenience for the individual , it might be thought, but I think the objective evidence, so far seen -- as far as I remember it, i s that it added to the consumption.
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QUESTION: That would certainly fit with what we see in terms of the demand curve, once home treatment beco mes more widely used. ANSWER: Indeed, it was, I think, one of the suggestions made at the time that people became awa re of the risk that blood products might transmit whatever it was that was causing AIDS, that a suggestion was to reduce the amount of people on home treatment or reduce home treatment, thereby lessen the need for factor concentrate and thereby lessen the need for reliance upon imported factor concentrate.
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QUESTION: I think, sir, we will see in some of the later papers that there is an acceptance that the assumpt ion made here by Dr Biggs is not one which is borne out in practice. Dr Biggs goes on in the paper to discuss the economics of treatment. This is a short section in 46 which she points out that the cost of treating patients with haemophilia is high but she doesn't t ry to compute the figures. But she does make the poin t, at the end of that paragraph, that proper treatment is probably no more expensive than that of renal patie nts requiring dialysis. Then we come to the conclusions of Dr Biggs's paper, page 17. I will read through these and then I will come back to some of the numbers that are contained within them. Conclusion 1: "Calculations suggest that the amount of material required for optimum treatment of all the haemophilic patients in Great Britain would be deri ved from 400,000 to 700,000 blood donations a year. Th e present supply is of the order of 300,000 per year of which most is in the form of cryoprecipitate. "2. Comparisons of cryoprecipitate and freeze-dried concentrate made in Oxford suggest tha t from the point of view of conservation of the factor VIII activity of the donor plasma and of recovery of infused activity in the patient the two preparations are equally efficient. "3. The cryoprecipitate is more difficult to make up for administration and much factor VIII 47 activity may be lost when inexperienced staff handl e the material prior to giving the infusion. Moreove r the material varies in activity from one Centre to another. There is evidence that the Oxford materia l may be among the best. "4. The pool size used in the preparation of concentrate does not affect the incidence of factor VIII antibodies nor of clinical jaundice in multi-transfused patients. "5. For home treatment it is our opinion that only the freeze-dried concentrate is useful in most cases. The gradual introduction of the most severe ly affected patients who have the most frequent bleedi ng to home treatment would reduce hospital management of haemophilia by about half. To give this proportion of patients home treatment would involve the use of concentrate from about 250,000 donors a year. The present total supply is of the order of 25,000 a year." "6. We think that the subject should be set to provide factor VIII concentrate from 250,000 donati ons by 1975 and that, over ten years, an attempt should be made to provide all of the necessary material in th is form. By 1975 the magnitude of the problem should be more exactly defined by surveys being made by the 48 Haemophilia Centre Directors. "7. It may be noted that freeze-dried material of good quality is now available commercially. At present patient treatment at many of the Haemophili a Centres in this Country involves a dangerous policy of balancing the needs of one patient against another and of denying patients reconstructive orthopaedic surg ery which would greatly improve their lives. We feel i t very important that the material made in the UK, wh ich is second to none in quality, should be substantial ly increased in amount. Otherwise we feel that materi al should be bought from commercial sources which now provide material of good quality both from the poin t of view of factor VIII activity and from the point of view of screening the donors for Hepatitis Associat ed Antigen." If we could just turn, please, to page 21, Dr Biggs referred to Table II. That is a table whi ch is appended to her report, and we can see there tha t it is a representation of therapeutic materials for the treatment of haemophilia. We can see the four different types of material in the first column, whole blood, plasma, cryoprecipitate, and freeze dried concentrate, and then the assessments for Dr Biggs made of Factor VI II 9 activities, and the post-infusion level of plasma Factor VIII, as a percentage of normal. We can see that, although I didn't take you to the sections on whole blood and plasma, Dr Biggs's conclusion is, i n essence, that they're not much use for treatment of haemophilia. Then we can see, in the final column, the approximate donor units at present made. We can se e that, at that time, about 25,000 units were dedicat ed to concentrate, 220,000 to cryoprecipitate and 44,0 00 to plasma. Just before the break, sir, I will go back to some of those figures that are given in the report, just so that we have in mind what they represent. I'm afraid that this gets complicated and will become m ore complicated as different estimates develop. But the first figure is that figure of 400,000 and 750,000. That is the range of donor units per annum that Dr Biggs calculates is required for on-demand treatment. Now, expressed in its raw for m, that could be treatment either of cryoprecipitate o r of Factor VIII concentrate and, as they're equally efficient, the question is simply how you divide th ose two. So you could have 200,000 cryo, 200,000 concentrate, and that would be your 400,000. 50 Later in the conclusions section, Dr Biggs refers to 400,000 to 700,000 donations per annum be ing required for optimum treatment. So 700,000 rather than 750,000, I'm not quite sure why that distincti on is there. She says that the figure at the time is 300,000 donor units, so below even what she conside rs to be the minimum. ANSWER: For optimum treatment?
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QUESTION: Optimum treatment is 700,000 or 750,000. ANSWER: Yes.
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QUESTION: The requirement for on-demand treatment, as she puts it, is 400,000. So, in her analysis, there is , at that time, under-treatment, and that's consisten t with what she has said in her letters and what Dr Rizza has said in his. As mentioned earlier, th at figure should be the same whether that treatment is given in hospital or on home treatment, in Dr Biggs 's analysis discussed there. Prophylactic treatment, on Dr Biggs's analysis, is going to require much more material, and she put a range of estimates between 2 million and 3 million donor units per annum, based upon the American experience. ANSWER: She says it's impracticable.
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QUESTION: Impracticable and, at that time it wasn't 51 necessarily clinically advised either. We will see -- I'm not going to go through the debate on prophylac tic treatment in the 1970s but, every now and again, it crops up in the papers and we can see that it is something which has been considered at this early stage, but it is not inevitable in the mind of Dr Biggs, and indeed others, at this time, that prophylactic treatment is going to come in but they are aware that it is a possibility. The final set of figures, or the final figure to refer to, is this figure of 250,000 donor units, a figure which is going to be important in the deba te that follows. That figure, 250,000, is, as you sai d sir, for the 1,000 patients who are most severely affected and would most benefit from home treatment . So Dr Biggs is plainly not saying 250,000 donor uni ts per year will provide self-sufficiency. The figure for on-demand self-sufficiency, as we've seen, is between 400,000 and 750,000 units at that time, or expressed as 400,000 to 700,000 for optimum treatme nt. We will also see from the conclusions that there is a sense that there should be a push, firstly, to produce those 250,000 units of concentrate by 1975, and that will be a tenfold increase from the 25,000 units then dedicated to factor concentrates, and th at, 52 over a longer period, given as 10 years, an attempt should be made to provide all the necessary materia l in the form of concentrates. So that is all between 400,000 and 700,000 or 750,000 units. I pause there just to note that, although it is expressed in that way, I'm not sure that should be read literally as meaning that there should be no cryoprecipitate produced anywhere. Earlier in the report, Dr Biggs had referred to the preference, at that time, for single donor units to be given to people with mild haemophilia, based on the evidence that she then had. So this paper isn't necessarily making an assessment about how treatment should be done 10 years down the line. So I'll just add that as a slight caveat into perhaps reading too much into that word. But, certainly, the thrust paper is tha t more should be dedicated to concentrate, at the expense of plasma, which was dedicated to cryo. Sir, I note the time. I wonder if that's a good place to stop for our break. ANSWER: Yes, well, let's take a break until 11.50, shall we? 11.50. (11.21 pm) (A short break) 3 (11.51 am)
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QUESTION: Sir, a couple of points of housekeeping just at the start. First of all, the presentation I understand is now up on the website and so people will be able to access it there. It should also ha ve been provided on the CP work spaces. The second point is that I earlier referred to some paragraph numbers from the written presentatio n. Due to my own error, these are out by five. So if I said paragraph 9, it should be paragraph 14. I won't bore you with the reasons for that, but I wil l be careful about doing that in the future, and we w ill arrange for the [draft] transcript to be corrected so that the correct paragraph numbers are given. ANSWER: Thank you.
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QUESTION: Turning back to where we left off, sir, which was the expert group on the treatment of haemophili a and its first meeting on 20 March 1973. We've looked at Dr Biggs' paper which was considered by t he group. Dr Maycock also provided two papers dealing firstly with capacity figures for the production of Factor VIII, and, secondly, dealing with the respon ses to a survey that he had conducted of haemophilia clinicians about their preferred use of product. 54 I won't take you to those documents. I will just point out that paragraph 39 -- that is the correct reference -- on the presentation, Dr Maycoc k set out the different capacities of BPL, PFL and PF C. His calculation was a total capacity to fractionate 1,145 litres per week once certain works had been completed. He also said that in order to meet the preference of haemophilia clinicians, four-fifths o f blood donation, so 80 per cent of blood donations, should be assigned to concentrate production which he put at a figure of about 330,000 donations per year . He summarised the survey responses by saying that 33 of 34 Haemophilia Centres had responded to him. Of those, two were said to prefer using cryoprecipitate, 14 were said to prefer using concentrate, and 17 preferred to use both. We will come on later to some other assessments made of preferences between cryo and concentrate. So those were Dr Maycock's papers. We will turn now to the minutes of the meeting itself. If we co uld go, please, to PRSE00047064. The first page, we ca n see that this is the expert group on the treatment of haemophilia meeting, held on 20 March 1973. In the chair is Dr Reid. We can also see the other member s: 55 Dr Biggs, Professor Blackburn, Professor Douglas, Dr Maycock, Dr Rizza, Dr John of the DHSS, Dr Macdonald of the Scottish Home and Health Department, Dr Thomas for the DHSS, Mr Walters for the DHSS, Mr Gardiner of the DHSS and Dr Sheila Waiter of the DHSS who was with Mr Gardiner, the secretary. Dr Waiter is a significant figure in the months to come. She was the predecessor of Dr Walford in the role that Dr Walford would take from 1978 or 1979. The terms of reference on the first page -- just a little bit lower down, Paul. Those terms of reference are: "To advise the Department on trends in methods of treatment of haemophilia and allied conditions, and to consider possible future requirements for the treatment of a condition and the consequences for t he supply of therapeutic agents." I pause to note that a different version of the terms of reference refers to the departments, plura l, which may reflect the presence on the committee of Dr Macdonald of the Scottish Home & Health Departme nt. I believe that Professor Douglas was from the University of Aberdeen as well. Regardless of whet her or not the department is given in the single or the plural, there was certainly SHHD representation at 56 this committee, and so whether they were advised or merely informed is perhaps a moot point. If we could go over to the second page, please, Paul. I'm not going to go through all of this pape r because much of it repeats the analysis that Dr Big gs has given in her paper. We can see that there is t he comparison of therapeutic materials, and then discussion of cryoprecipitate and freeze-dried concentrate. If I pick it up from the final paragraph, there is this said about the safety aspe ct of concentrates, and I quote: "A possible disadvantage arises from the fact that AHG concentrate is prepared from a larger pool of donations, and in theory, therefore, the risk of hepatitis is greater. About 1 in 800 of the donors who present to the Transfusion Service is a carrier of hepatitis B antigen. "The present policy of rejecting donations which give a positive test for hepatitis B antigen will reduce the incident of virus in the blood used to m ake plasma pools. In practice, studies in several cent res have shown that the incidence of hepatitis among severely affected patients who have been treated wi th freeze-dried preparation is not very much higher th an that of the centres not using freeze-dried 7 concentrate, and this suggests that the development of hepatitis in these multi-transfused patients may be dose related. It was agreed that the theoretically increased risk of acquiring hepatitis, which does n ot seem to be borne out in practice, should not be a deterrent to using the freeze-dried preparation, and in any case this complication will decrease if universal screening of donors for hepatitis antigen ." That is what is said at the meeting, obviously building on what is said in Dr Biggs' paper. If we go down to section 4, "Future requirements of therapeutic agents". If we just read from this section until the end of the document, and I quote: "During 1972, considerably more cryoprecipitate from freeze-dried concentrate was issued in terms o f donations of blood. It was generally agreed that 400,000 donations would be required to treat UK sufferers from haemophilia of all degrees of severi ty, and more if strenuous efforts were made to clear surgical waiting lists and if home treatment, or eventually prophylactic treatment, became accepted ways of dealing with the problems of haemophiliacs. Life-saving surgery has been undertaken for some ti me using the therapeutic agents which are available, b ut clinicians must now look to the possible improvemen t 58 in the quality of life of boys and men who suffer f rom haemophilia. "Since more freeze-dried AHG concentrate has become available from two foreign sources, the prospect of improved management of day-to-day bleed ing episodes using this therapeutic agent has become realistic. If the anticipated annual uptake of 20 million units of freeze-dried AHG concentrate is to be met from foreign commercial sources, the cost wi ll be of the order of £2 million per annum, (assuming the cost to be 10p per unit). "At present, UK production is considerably less than the required amount of the freeze-dried preparation. It was agreed that there was an immediate need to discuss the advisability of centr al purchase and distribution of the two commercially produced preparations. There is also a pressing ne ed to seek ways of increasing UK production with the intention of reducing and, as soon as possible, end ing purchase from foreign sources. "Freeze-dried AHG concentrate is made at the Blood Products Laboratory, Elstree, at the Plasma Fractionation Laboratory, Oxford, and at the Blood Products Laboratory, Edinburgh." Note the phrasing there is slightly wrong, but 59 we will move on: "It is essential the production and distribution of the therapeutic agents concerned should be considered as a UK exercise. "In any consideration of increased UK production of freeze-dried AHG concentrate, the immediate problems are those of the organisation and cost of increasing donations of either whole blood or plasm a (by plasmapheresis) and the difficulties, including cost, of increasing the capacity of the laboratorie s at present engaged in production. "Close cooperation between England (including Wales and Northern Ireland) and Scotland will be required in order to coordinate and optimise blood collection and transport. The fractionation processes, distribution of therapeutic agents and utilisation of other blood fraction by-products. "Recommendations by the expert group: "1. DHSS should give early consideration to central purchase of freeze-dried AHG concentrate fr om the firms who have recently been granted product licences. "2. Distribution to other Haemophilia Centres and hospitals should be through the regional centre s, three of which are in Oxford, Manchester and Sheffi eld 60 in England, one in Scotland (Edinburgh or Glasgow), and one in London (to be decided). The establishme nt of such a distribution scheme would be a prerequisi te of recommendation 1 in order to ensure the most effective use of available material. "3. At the same time, the UK should aim to become self-sufficient as soon as possible by increasing home production of freeze-dried AHG concentrate. "4. The Regional Transfusion Directors should be consulted about the consequences of recommendati on 3 in terms of increased demands upon the Blood Transfusion Services throughout the UK. Discussion should take place between DHSS and the directors ab out problems of decreasing productions of cryoprecipita te, increasing production of fresh frozen plasma for fractionation, and the possibly increased collectio n of plasma by plasmapheresis. "5. There should be further meetings of this expert group at times to be arranged. Several subjects need to be discussed further, including ho me treatment and, in due course, prophylactic treatmen t. "6. The expert group membership might be expanded to include representatives of each of the regional Haemophilia Centres, a representative of t he 1 Regional Transfusion Directors, and possibly a SAMO [which is a Scientific Area Medical Officer]." I will come back to SAMO, but a regional scientific medical officer of some form: "It was also suggested that the National Medical Director of the Scottish National Blood Transfusion Association and Mr Watt of the Edinburgh BPL should be invited to join the group." Edinburgh BPL is a reference to the PFC in Edinburgh. So we can see there, sir, support for the position put forward by Dr Biggs. Reference to a n eed for 400,000 donations to treat UK sufferers from haemophilia of all degrees of severity, which is on e of the questions you were asking earlier, and more if strenuous efforts were made to clear surgical waiti ng lists and if home treatment or eventually prophylac tic treatment became accepted. So 400,000 as the minim um. Reference as well to the costs of commercial imports, £2 million a year. And two strands of development proposed. One is a central contract to buy commercial products, and the other is efforts to increase domestic production. The meeting referred both to the need to increase plasm a supply and to consider the fractionation capacity o f 62 the different fractionation centres in the UK. ANSWER: If we just look at what is currently on screen at the moment, just before we get to "Recommendation", it sounds a bit like another recommendation in the very last paragraph, "Close co-operation".
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QUESTION: "Close co-operation between England (including Wales and Northern Ireland) and Scotland will be required in order to co-ordinate and optimise blood collection and transport, the fractionation process es, distribution of the therapeutic agents, and utilisation of other blood fraction by-products." Yes, sir. A point which is, in fact -- that is a repetition of the point which was made earlier in the meeting as well, so something that the group considered to be very important. You'll note there, sir, that Northern Ireland is grouped with England, at that stage, rather than Scotland because, at that time, the blood products were obtained from BPL. Later, of course, it would be PFC. On the point about cooperation, I referred back to the discussion at the start of looking at this document about the presence of Dr Macdonald of the SHHD at this meeting. 63 ANSWER: I think you said Dr Douglas as well.
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QUESTION: Dr Douglas from Aberdeen. That was what the expert group said. The response to that group within the DHSS can be seen in a series of letters, which are summarised in the written presentation. I won't take you to those. I will, however, flag the fact that one of those letters from Dr Reid to Dr Waiter, which is describ ed at paragraph 47, ruled out spending £2 million per year on blood products but suggested that if £250,0 00 to £500,000 could be found in the current financial year so that is financial year from 1973 to 1974, t hen it would provide time to explore the possibility of the UK expanding production. Those figures, £250,0 00 to £500,000, will reoccur later on. The working assumption within those internal DHSS documents is that it would take around two yea rs before domestic production could meet the total demand. So it's talking about 1975 as a possible d ate for self-sufficiency, as defined by the requirement s set out in that document. A meeting was held to discuss the expert group recommendations in May 1973. If we could go to tha t, please, Paul, it's DHSC0100005_022. We can see that present at this meeting were 64 Mr Gidden of one of the divisions of the Health Service division of the DHSS, so an administrative civil servant and somebody who is important in the development of the policy that comes; Dr Macdonald again from the SHHD, Mr Taylor from DHSS; Dr Maycoc k in his capacity as consultant adviser to the DHSS; Dr Duncan Thomas; Dr Waiter; and then Mr Pearson an d Mr Walters and Mr Fenner, all of different division s within the DHSS. Reading from the minutes, paragraph 1: "Mr Gidden said that the meeting had been arranged to consider the issues arising from the recommendations of the Expert Group on Haemophilia, including possible arrangements for central purchas e and distribution of commercially produced AHG concentrate, and for expansion of UK production. "Mr Taylor referred to the anticipated UK annual uptake of 20 million units and said that if it was decided to purchase the material commercially, the estimated cost of £2 million would almost certainly have to be met from existing financial allocations. It was most unlikely that the Treasury would make additional funds available." I pause there, sir, to say that is a prediction which has proved accurate. So in the discussion wh ich 5 follows in the coming year, the references to budge ts are always to the internal DHSS budget. If the mon ey is going to come from somewhere, it has to come fro m within the DHSS. There isn't additional Treasury funding being made available for the increased purchase of blood products or for the development o f blood products domestically. Back to the document, at paragraph 3: "Dr Maycock said that professional opinion was that the clinicians and the pressure group representing patients felt strongly that the qualit y of treatment would be greatly improved if there wer e sufficient supplies of freeze dried AHG concentrate s to replace a large proportion of the cryoprecipitat e at present used. Dr Waiter and Dr Thomas supported this view and stressed that the development of AHG concentrate was a major advance in the treatment of haemophilia. Clinicians prefer to treat episodes o f bleeding by giving infusions of freeze-dried concentrate as early as possible. Programmes of ho me treatment and possibly in future prophylactic treatment, which will be feasible when the freeze-dried material becomes more widely available , would in the long-term reduce treatment costs and t he demand on hospital facilities. Dr Maycock thought 66 that the cost of increasing production in the UK to meet estimated requirements should be less than the cost of importing material from commercial sources. Dr Macdonald said that he had not looked at the problem solely from the cost point of view. He fel t that Departments should, wherever possible, avoid involvement with commercial firms on all matters concerning blood transfusion, including the product ion of AHG concentrate. His view the Blood Transfusion Service should be self-sufficient in all respects." Pause there, sir, to pick up a couple of points from that paragraph. The first is, again, we see reference to the preference of clinicians for the u se of concentrate over cryoprecipitate, expressed forcefully by Dr Maycock and supported by Dr Waiter and Dr Thomas. Also reference to home treatment and possibly, in the future, prophylactic treatment, stated -- th e latter stated to be in the future. Dr Maycock gave his view that, ultimately, there would be a cost saving of domestic products because it would mean you had to import less of the more expensive commercial products, though it is importa nt to note that is not quantified in this document, th e calculation presented. 67 Interestingly, Dr Macdonald, from the Scottish Home & Health Department, puts forward a more principled view of the need for self-sufficiency. So leaving cost aside, as a point of principle, he fee ls that the domestic Blood Service should be self-sufficient. When I say "principled", I mean putting it forward as a point of principle, not a judgement value if that is a more morally sound position. Paragraph 4 of the minutes of the meeting: "Dr Maycock said that one estimate was that the plasma from around 416,000 donations of blood would be needed annually in order to prepare the materials considered necessary to treat haemophiliacs in accordance with present views of ideal treatment. At present, about 228,000 donations in England and Wal es were used annually for the preparation of these materials. He thought that the BPLs at Elstree and Liberton, when the latter was operational, would ha ve the capacity to increase production of AHG concentr ate to meet UK demand, but that some additional staff a nd equipment would be required at both laboratories. Dr Macdonald said that the new building at Liberton should be open and functioning by the end of 1974; he had some reservations about pursuing Mr Watt's 68 statement that the laboratory would be able to prep are AHG concentrate from 2000 litres of plasma per week . After discussion, it was agreed that the Blood Transfusion Service should increase production of A HG concentrate to meet all UK requirements, provided t hat the necessary addition of funds could be made available." Pause there, sir, just for -- to refer to a couple of matters from that paragraph. A questio n which may be in your mind about what happens next f rom 1974 to 1975 period is why there was no decision taken, at that stage, to redevelop BPL more fundamentally than the incremental changes that wer e made. Part of the answer to that question may lie in Dr Maycock's analysis here, which is repeated in la ter documents that we will come to, in which he says th at, if you look at Elstree and Liberton together, then, as long as there are some additional staff and equipme nt made available, then they would have the capacity t o increase production of AHG concentrate to meet UK demand. The suggestion there is that the two fractionation plants can cope with what is going to be asked of them, subject to those pieces of equipment of the staff being made available. If we go to the end of the document, the 9 following action was agreed. Point 7, the first action point is: "Supply Division (that's a division within the DHSS] should be asked to start negotiations with a view to arranging a central call-off contract for the purchase of freeze dried AHG concentrate on the basis of a demand for 20 million units per annum fr om about 40 haemophilia centres." Then point (iv), as well, if we go on to the next page, please: "The question of UK production to be referred to the proposed Joint Steering Committee on Blood Products Production for consideration." So again, sir, two strands. One is the central contract to purchase commercial concentrates and th e second is further work and a new body, the Joint Steering Committee, to look at joint production. Those were the action points suggested at that meeting. ANSWER: So if we just go back to the previous page, Supply Division starting negotiation "on the basis of a demand for 20 million units". Now, earlier in this meeting we said there was no additional money for that. So what was being proposed, presumably, was that this would come from 70 existing budgets?