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Cumberlege Report
03 February 2022
Lead MP
Alec Shelbrooke
Wetherby and Easingwold
Con
Responding Minister
Maria Caulfield
Tags
NHSEconomyStandards & Ethics
Word Count: 23425
Other Contributors: 10
At a Glance
Alec Shelbrooke raised concerns about cumberlege report in Westminster Hall. A government minister responded.
Key Requests to Government:
The lead MP asks the Government to update on the progress towards appointing a Patient Safety Commissioner as recommended in recommendation 2. He requests an explanation as to why a Redress Agency is not being set up despite its importance in providing compensation and support for victims, especially when many are facing severe physical and financial consequences.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The lead MP is concerned about the lack of progress in implementing recommendations from the Cumberlege report. He highlights numerous cases where women have been harmed by mesh implants, including one constituent who had her life 'destroyed' due to complications from a mesh implantation procedure that she was convinced she should undergo. The MP also mentions Paula Goss, a constituent of his colleague Luke Hall, who set up an organisation for rectopexy mesh victims and has over 1,100 members. He emphasizes the importance of taking mesh complications seriously and ensuring proper redress for those affected.
Alan Brown
SNP
Central Ayrshire
Suggests considering Scottish Government's initiative of setting aside money for mesh removal surgery fully funded by them in the UK context. Mr Brown agreed with the lead MP's views on mesh and focused on sodium valproate, discussing a case of a constituent who was prescribed sodium valproate and whose daughter suffered from foetal anticonvulsant syndrome. He highlighted the disappointment of constituents like Mr and Mrs McKerrow when the UK Government ignored Baroness Cumberlege's recommendation for ex gratia payments to those harmed by sodium valproate, emphasising the psychological damage caused to families who feel guilty despite being blameless. The point is that Baroness Cumberlege says the Government have an ethical duty to consider redress, so what does the Minister say to her constituents about that ethical duty that should be placed on the Government?
Allan Dorans
SNP
Glasgow North West
Mr Allan Dorans thanked the right hon. Member for Elmet and Rothwell for securing the debate on the Cumberlege report, highlighting the impact of Primodos, a drug prescribed to pregnant women in 1975 which caused severe birth defects. He shared the tragic story of his constituent Nan McGradie's daughter Michelle, who suffered from life-long health issues due to Primodos exposure. Dorans criticised the government's decision not to establish an independent redress agency for those harmed by medicines and medical devices, arguing that it was cruel and took no account of victims' suffering.
Caroline Nokes
Con
Romsey and Southampton North
Highlights that women's voices are being ignored and dismissed, which is not acceptable. I urge the Minister to listen carefully to the voices of MPs representing their constituents, who consistently raise issues such as sodium valproate, Primodos, and mesh. She highlights the case of women suffering from Foetal Valproate Syndrome due to prolonged use of the drug during pregnancy, emphasising the need for redress and specialist centres for support. Nokes also inquired about collaboration with DWP to ensure women affected by mesh implants are exempt from repeated reassessments. I do not want to be too difficult, but I do not think it is any excuse to say that because it is difficult for everyone to get compensation, we should not try here.
Feryal Clark
Lab
Enfield North
She expressed depression over minimal progress on Cumberlege review recommendations and highlighted the patronising attitude towards women's voices. She acknowledged the work of campaigners, especially the Association for Children Damaged by Hormone Pregnancy Tests. Feryal also shared a constituent's experience with Primodos leading to lifelong health issues. The Government has not fully implemented all nine recommendations from the Cumberlege review.
Hannah Bardell
SNP
Livingston
Argues that there is a moral responsibility for the Government to follow through on their commitment once they have started reviewing an issue, especially when it involves people who have already suffered significantly. Ms Bardell highlighted the impact of sodium valproate and Primodos on women and their families, citing her constituent Wilma Ord's case. She criticised the Government's reluctance to implement redress mechanisms despite repeated calls for action since 2015. She emphasised the need for a culture change in healthcare that acknowledges the human cost and harm caused by medical negligence. Does the Minister recognise that this is not only about compensation, but about exposing the failures so that they never happen again? Eighteen members of the Primodos support group have died in the past two years.
Julian Lewis
Con
New Forest East
Paid tribute to campaigners and expressed concern about the long delay in addressing health disasters, using TVT surgery cases as an example. Highlighted the negative impacts on constituents Mandy, Helen, and Emma, including physical pain, financial loss, and emotional distress. Emphasised the need for better informed consent and alternatives discussed with patients before surgery.
Liz Twist
Lab
Blaydon and Consett
Ms Twist highlighted the ongoing impact of sodium valproate on women and their children, citing her constituent Bethany Dodgson's experience with foetal valproate syndrome. She praised Janet Williams and Emma Murphy from In-FACT for their campaigning efforts to raise awareness about the drug's risks. Ms Twist reiterated concerns over the lack of a redress agency and the need for swifter action on implementing recommendations from Baroness Cumberlege's report, including establishing an effective patient safety commissioner and ensuring ongoing involvement of patients in future processes. This is really important. Baroness Cumberlege is absolutely clear about setting up a redress agency to administer decisions using a non-adversarial process with determinations based on avoidable harm looking at systemic failings, rather than blaming individuals.
Mike Penning
Con
Hwyca, Meirionnydd Dwyfor
Asks if the terms of reference that prevented Baroness Cumberlege from discussing individual compensation and redress were deliberately written to restrict her. Mr Penning expressed concern about the repeated debates on the Cumberlege Report and criticised the government for ignoring its conclusions. He highlighted cases of women affected by Primodos, a medication associated with severe side-effects and miscarriages. He questioned why the Department was waiting for those affected to pass away before addressing the issue and called for compensation as per recommendation 4 of the report. He clarified that in the case of Primodos, it was not a drug meant to cure anything but rather a tablet used to determine pregnancy. Despite other methodologies being deemed safe at the time, GPs continued to prescribe Primodos knowing it was unsafe. May I press the Minister and draw her back to recommendation 4 of Baroness Cumberlege's report for the Government talks about—this is my word—compensation. That is so important because, as we heard, some of these people have been caring for their loved ones for the last 50 years. Mr Penning stated that the Government should settle with Primodos victims now, as they are currently in court due to the government's refusal to implement Cumberlege recommendation 4. He argued that settling out of court is better and would prevent further distress for these individuals.
Sarah Green
Lib Dem
Chesham and Amersham
Highlighted the work of the Epilepsy Society on sodium valproate, supported their 'Safe Mum, Safe Baby' campaign for safer epilepsy medication during pregnancy. Criticised the Government's narrow focus on preventing future harm rather than supporting those already affected by issues like surgical mesh implants. Called for redress schemes to be established despite the Government claiming a lack of evidence that such schemes would help victims who have endured financial and health hardships due to defective medical devices. My constituent has approached several legal firms who will not take on her case because the two surgeons who operated on her also work for the law firms advising them on whether such cases will be successful.
Mrs May expressed concern about the lack of progress in implementing recommendations from the Cumberlege report, highlighting damage caused by medical devices and medicines such as Primodos, vaginal mesh, and sodium valproate. She emphasized that victims have faced rejection from state bodies and called for urgent action to support those affected and prevent future incidents. I want to press the Minister. I have concerns about NHS Resolution and the way it operates. There are systems elsewhere, where an independent medical expert is brought in at a very early stage, there is much more of a sense of no-fault compensation, and of not needing to go to litigation. Asked for an intervention.
Government Response
Maria Caulfield
Government Response
The Government have apologised on behalf of the healthcare sector and are implementing changes as per Baroness Cumberlege's review. These include a women's health strategy, appointment of an ambassador for women's health, reforming clinical negligence processes to make compensation quicker and easier, setting up NHS Resolution to settle claims out-of-court, and launching a consultation on wider reforms to the clinical negligence system. The MHRA is also undergoing substantial revision with a new customer service centre and chief safety officer. A database for medical device information has been legislated through the Medicines and Medical Devices Act 2021, and measures are being taken to improve transparency of payments made by pharmaceutical companies and providers.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.