CM Solicitors Director and head of Clinical Negligence and personal injury claims answer the common questions in regards to MMR Litigation.
I have seen in the press that in some cases, court proceedings were started too late. What does this mean and might I have a case?
Firstly if your proceedings were issued too late then your claim under the Consumer Protection Act was never going to be successful from the point the latest issue date was missed. If this was the case you may have a claim for professional negligence for loss of chance against your former solicitors.
Your original MMR MR case should have been issued before the 10th anniversary of when the vaccine was supplied by the manufacturer this date is known as the date of supply. The date of supply is therefore 10th anniversary of the date the vaccine left the manufacturer’s factory. The date of supply is not the same as the date of vaccination the date of supply will be an earlier date than the date of vaccination.
How could my former solicitors have found out the date of supply?
They could have written to the manufacturers and asked for it.
Is it correct that the court ordered that only the autism cases could be advanced and that all other cases and conditions should be put on hold?
No. In July 2000 the lawyers representing the MMR MR families tried to delay pleading a case for autism and only plead a case in relation to bowel conditions. Justice Bell would not allow this as the vast majority of claims related to autism. Autism had to be pleaded but not exclusively. In July 2001 Justice Bell responding to a letter from the families solicitors restated his position.
Are you running these claims on a no win no fee basis?
Yes, we offer a No Win, No Fee basis. Just pop us a call or email to find out more information.
If you or someone you know would like to speak to us, entirely in confidence, about any of these issues then please call our head of negligence Michael Shaw on 0800 1 444 111 or email him at firstname.lastname@example.org . Alternatively you can use the enquiry form situated at the side or at the foot of this page.