Compensation for thalidomide victims

After years of campaigning, German thalidomide victims have been told that they can finally claim compensation for their disabilities, despite being told for years that they were 'out of time.'

The drug thalidomide was taken by thousands of mothers in the 1950's and 60's to prevent morning sickness, but it led to many children being born with stunted or absent limbs.

Many mothers in Germany were prescribed the drug produced by drug company Grünenthal and up until 1983, those born with disabilities relating to thalidomide in Germany were able to claim compensation from the company.

However, a ruling in 1983 prevented any further compensation claims being made against the company, with the German government taking the line that victims had had enough time to claim compensation already.

Since the ruling, over 100 people have been told that they cannot claim compensation, causing outrage and distress to the many people affected by the drug.

In a generous turn of fortune for the victims, the years of campaigning have now paid off and the German family ministry are lifting the ban on further claims until the end of 2010.

In another victory for the victims, those affected who live in other countries can also claim in Germany, if their mothers were prescribed the drug manufactured by Grünenthal.

Unfortunately for those living in Britain, when the drug was produced here it was manufactured by a different company, Distillers Biochemicals, so victims living in Britain will not benefit from the turnaround in Germany.

The move does provide some hope for British thalidomide victims though, as the turnaround by the German government puts pressure on the UK government to look at it's policy towards thalidomiders.

In anticipation of the influx of compensation claims, a foundation funded jointly by Grünenthal and the German government has put aside an extra £900,000 per year.

Typically, German thalidomiders receive £10,000 a year to compensate for their disabilities and to assist them in leading a normal a life as possible.

Although 460 British victims agreed a settlement with Distillers Biochemicals and its successor Diageo, the UK charity the Thalidomide Trust says that the living costs of those affected by Thalidomide have spiralled and the government needs to step in like the German government have.

Many are forced to pay for expenses such as £18,000 wheelchairs and £60,000 specially adapted cars entirely from their own resources.

Campaigners say the UK government is morally culpable since in 1957 a state agency allowed the drug to be prescribed freely on the NHS by ruling that it had “proven value”.

Nick Dobrik, a member of the Trust’s national advisory committee and a thalidomider himself who lobbied strongly in Germany for more compensation, said: “This is a victory for the International Contergan Thalidomide Alliance which campaigned in Germany but unlike the German government, the British state is refusing to give any assistance whatsoever.

“They are putting their heads in the sand but this is a case of justice, not entitlement.”

Many are hoping that the ruling in Germany will encourage other governments to look at doing more for victims of thalidomide.