A campaigner who believes her lifetime of health issues were caused by a pregnancy test drug says she is “devastated” a High Court judge has thrown out a bid for compensation.
Tracy Newton, from Little Ouse, near Littleport, is one of more than 170 claimants attempting to sue for damages allegedly caused by the hormone-based drugs.
The drugs, including Primodos, were given to women to test if they were pregnant from the 1950s until the late 1970s and are alleged to have caused birth defects.
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A group of 172 claimants brought legal action against three drug companies as well as the Government.
An initial litigation attempt collapsed in 1982.
In the most recent outcome last Friday (May 26), Mrs Justice Yip ruled in favour of the defendants and struck out all the claims.
She ruled there was no new evidence since 1982 linking the tests with foetal harm, and the claims have “no real prospect of success”.
Tracy said: “I was devastated when I first saw the news.
“Leading up to the judgement, I’d been thinking: ‘Yes, we’ve got this, we will get justice at last’.
“But the reality is we are taking on the Government and companies that have huge and powerful legal teams.
“We may not have the same resources – but we’re going to carry on fighting.
“We are not going to give up; we will never give up.”
Tracy’s mother says she was given two tablets during the early stages of her pregnancy and believes it was Primodos – but there’s no mention of it on her medical records.
In February 1968, her baby daughter was born with dislocated hips and enlarged organs.
Tracy is currently in a wheelchair and waiting for an operation on her hip – but repeated infections because of her suppressed immune system have delayed the surgery.
Mrs Justice Yip said in the ruling: “Having carefully considered the material placed before me, I conclude that the position has not materially changed in the claimants’ favour...
“...Further, it is not in the interests of the claimants to maintain the litigation in circumstances where there is no viable plan to progress the claims and no real prospect of success.
“I am driven to the conclusion that the proceedings are an abuse of process and that the only appropriate response is to strike out the claims.”
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