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According to Dr Kingdon, the United States Federal Drug Administration (FDA) mandated source plasma as a licensed product. In order to obtain a licence for the production of source plasma every collection centre must be inspected annually by the FDA.

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According to Dr Kingdon, all plasma used for the production of concentrates in the United States had been obtained from donors in the United States.

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According to Dr Kingdon, it was unlikely that the industrial manufacturers in the US would have continued to use imported plasma in the manufacture of concentrates for any significant period as much of the imported plasma was infected with HBV.

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According to Dr Kingdon, a manufactured product might had a shelf life of two years.

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According to Dr Kingdon, the United Stated Federal Drug Administration's inspections of blood and plasma centres were important for changing practices in the plasma industry.

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The Draft Declaration of Trust Constituting Macfarlane Special Payments Trust excluded any further action in respect of HIV and hepatitis in Scotland as well as south of the border.

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Richard Henderson wrote to Ronald Powell to say that the Trust Deed and the undertaking not to take further legal action would have to be changed in respect of Scottish pursuers so that it no longer precluded any future action in respect of hepatitis.

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The Trust Deed was amended to set out, in a schedule, the undertakings to be given by Scottish litigants.

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The Macfarlane (Special Payments) (No.2) deed of trust was varied and the undertaking in the substituted schedule covering Scotland included, as per the agreement made in June 1991 in Scotland, HIV but not hepatitis.

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Scottish Home and Health Department officials became aware that the Scottish undertaking was different from the equivalent in England and Wales and sought to understand why.

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A scheme was drawn up for patients infected with HIV by blood and tissue transfer in Scotland. The reference to hepatitis in the proposed undertaking was deliberately removed.

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A minute seeking the approval of the NHS Chief Executive in Scotland recorded that "strong representations" had been received from the infected parties through their solicitors that because the settlement had been in respect of HIV, any undertaking to give effect to that settlement could not properly exclude hepatitis infections.

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A letter from Richard Henderson to J & A Hastie Solicitors referred to the reasons for excluding hepatitis infections from the undertaking.

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John Major accepted William Waldegrave's proposal for a pre-emptive announcement but told the Inquiry that "I did not wish for a backlash that it had been imposed on a take-it-or-leave-it' basis."

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A press release issued by the solicitors making up the plaintiffs' steering committee on the day of the Prime Minister's announcement in 1991 in the House of Commons stated: "These figures reflect the legal hurdles which the Plaintiffs must surmount in their litigation against the Government ... The figures do not represent proper compensation in moral terms for this appalling tragedy - that is not their purpose."

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The Inquiry's Second Interim Report noted the Government had accepted that compensation should be paid and that there was a moral case to do so.

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A letter from Paul Gray to Andrew McKeon recorded that the Prime Minister had agreed to the proposal to allocate a further £20 million to the Macfarlane Trust.

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The increase in non-discretionary payments from £10,000 to £20,000 within an unchanged overall allocation of £20 million was confirmed by the Chief Secretary to the Treasury.

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The terms of reference of the Inquiry required it to consider the "appropriateness of preconditions (including the waiver in the HIV Haemophilia Litigation) imposed on the grant of support from the Trusts and Funds".

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Plaintiffs in the litigation felt that they had no real choice but to accept the settlement. The wife of one of the plaintiffs explained that the Government announced a settlement payment in December 1990 and her husband attended a meeting in London with Mark Mildred of Pannone Napier to discuss the matter. HIV-infected people with haemophilia and all litigants, or at least a commanding majority, had to accept the offer, drop the litigation, and sign a waiver of rights.

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