Infected haemophiliacs could pursue their cases in the US courts

Hong Kong haemophiliacs infected with HIV via contaminated blood products during the 1980s would struggle to take legal action locally but could sue for negligence in the US, experts believe.

Eric Cheung Tat-ming, an assistant professor with Hong Kong University's law faculty, said that as the incident happened a long time ago, it might be difficult for the victims to launch legal action against pharmaceutical firms due to time limitations under existing laws.

Under the Limitation Ordinance, a plaintiff can claim damages from personal injuries within three years - either from the date of the incident or from the point when they first became aware of their illness.

'Although the court has the discretionary power to extend the time limitation, it will be the main obstacle the victims have to face,' Professor Cheung said.

The South China Morning Post reported yesterday that Hong Kong haemophiliacs in the mid-1980s were forced to rely on HIV-contaminated blood-clotting medicine sold across the region by a US company - even while it marketed a newer, safer version elsewhere.

Cutter - a biological firm owned by the German pharmaceutical giant Bayer - sold its Factor V111 concentrate named Koate to Hong Kong public hospitals for 18 months after it started distributing a heat-treated version free of HIV in the US.

Hong Kong doctors had asked for the new products through Cutter's local distributor, Luen Chong Hong. But they were told that none was available.