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Hepatitis C and HIV Compensation

COMPENSATION PROGRAMS FOR INDIVIDUALS WITH HIV OR HEPATITIS C

Compensation programs for individuals with HIV or Hepatitis C have been set up over the past few years by the federal government, the provinces and the territories, as well as by the Red Cross, to financially compensate victims of the tainted blood scandal. This document presents a full list of compensation programs by type of disorder.

COMPENSATION PROGRAMS FOR INDIVIDUALS WITH HIV OR HEPATITIS C (14-11-2014)

The above document was produced in response to a need identified by the Program Committee and members; the CHS hired a summer student in 2009 to gather and publish information on three related topics:

- access to insurance (life, mortgage, travel, health insurance for overseas students, group) for people with bleeding disorders;
- federal and provincial government support programs and tax benefits for people with disabilities;
- an overview of the different compensation programs for blood-borne HIV and HCV infection created since 1989.

NOTE THAT THE DATE OF THE LATEST UPDATE IS INDICATED NEXT TO THE DOCUMENT NAME.

We do not guarantee the accuracy or completeness of any information accessed through or published or provided by the CHS. People relying on this information do so entirely at their own risk. The CHS nor any of their employees, directors, officers or volunteers may be held liable for damages of any kind that may result from the use or misuse of any such information. Names of products are provided for information only. Their inclusion is not an endorsement of a particular product or company.



Hepatitis C Compensation

Applications are still being received from Canadians who became infected with the hepatitis C virus (HCV) through the Canadian blood supply.

After a seemingly endless battle involving the federal and several provincial governments, lawyers, and people who became infected with the hepatitis C virus (HCV) through the Canadian blood supply, applications continue to be received from those who contracted HCV prior to 1986 or after 1990 and between 1986 and 1990.

Details of the compensation plan that has been approved by the courts, as well as application forms and answers to frequently asked questions (FAQ’s), may be found on the Web site of the company that has been chosen to administer the program (Crawford Class Action Services) at: www.pre86post90settlement.ca. For those who were infected between 1986 and 1990, please visit the following Web site: www.hepc8690.ca

IMPORTANT NOTICE / REMINDER


JUNE 30, 2010 was the FIRST CLAIM DEADLINE for ALIVE Primarily-Infected Persons for the following compensation programs:
•    Pre-1986 / Post-1990 Hepatitis C Settlement Agreement      
•    Hepatitis C (HCV) January 1, 1986-July 1, 1990 Class Actions Settlement

***
                                                        
The Pre-1986/Post-1990 Hepatitis C Settlement Agreement is for the benefit of people infected with Hepatitis C through the blood system in Canada prior to January 1, 1986 or between July 2, 1990, and September 28, 1998, and certain members of their families.

 Please review the information on the Web site ( www.pre86post90settlement.ca ) very carefully. This will help you to determine whether you are eligible or not for compensation. Please note that the first claim deadline under this Agreement has passed. 

Claim Deadlines 

No person may file a Claim after June 30th, 2010 except:  

1) where a Class Member was infected with Hepatitis C after July 1, 1990, and fails to submit an application by no fault of their own; or

 2) where an application is made by a Family Member or Dependant within one year following the date on which the application submitted on behalf of the HCV Infected Class Member from whom the claim is derived was approved; or

 3) where an application is made up to one year after the applicant attains his or her age of majority; or

 4) where an application is made within three years following the date upon which the HCV Infected Class Member first learned of his or her infection with HCV as a result of receiving Blood in the Class Period or being infected by a Class Member who received Blood in the Class Period, and the Court having jurisdiction over that person grants them leave to apply for compensation.


Final deadline for submitting claims under this Agreement is June 30, 2016. 

Deadline for HCV Infected Class Members Who Have Died
 The HCV Personal Representative of an HCV Infected Class Member who has died must submit an application form to the Administrator, within three years after the death of such HCV Infected Class Member or within two years after the Implementation Date*, whichever event is the last to occur.

Deadline for Secondarily-Infected Person
 A Spouse of a Primarily-Infected Class Member must submit an application form to the Administrator before the expiration of three years from the date the Primarily-Infected Class Member first makes a Claim, his or her HCV Personal Representative makes the first Claim on his or her behalf or the Primarily-Infected Class Member opts out.

Deadline for a Family Member Claim
 Family Members must submit an application form to the Administrator within one year after the date of approval of an application for compensation under this Agreement by or on behalf of the HCV Infected Class Member or within one year of the claimant attaining his or her age of majority, whichever is the last to occur.

Deadline for a Dependant Claim
 Dependants must submit an application form to the Administrator within one year after the death of the HCV Infected Class Member or within two years after the Implementation Date* or within one year of the claimant attaining his or her age of majority, whichever event is the last to occur.

***

In the Web site www.hepc8690.ca , you will find important information on key aspects of the Hepatitis C (HCV) January 1, 1986-July 1, 1990 Class Actions Settlement.  Please note that the settlement is for the benefit of two main groups: 

•Persons who were infected with HCV for the first time through blood transfusions during the period of January 1, 1986 to July 1, 1990, and certain members of their families; 
 and

•Persons with certain congenital clotting deficiencies (hemophilia) or Thalassemia Major who contracted HCV and received Blood and blood products in Canada during the period of January 1, 1986 to July 1, 1990, and certain members of their families.

Please read the information on the Web site very carefully. This will help you to determine whether you are eligible or not for compensation as a member of one of the two groups identified above. Once you have read and reviewed the information contained in this Web site, you can contact the Administrator if you have any questions or comments. 
 
IMPORTANT NOTICES

PROPOSED PROTOCOL FOR CLAIM REQUESTS RECEIVED AFTER THE FIRST CLAIM DEADLINE OF JUNE 30, 2010 DENIED

Applications were brought by Class Action Counsel in the 1986-1990 Hepatitis C Class Actions seeking approval of a proposed Late Claim Requests Protocol (“Protocol”) to deal with claim requests received by the Administrator after the First Claim Deadline of June 30, 2010.
 
Because the Courts in Ontario, British Columbia and Quebec jointly supervise the ongoing Hepatitis C Class Action settlement, all three Courts were required to hear the applications and to reach a conclusion without any material differences if the proposed Protocol was to become effective.

The decisions received from the three Courts did not reach the same conclusion. Therefore, the proposed Protocol cannot be implemented at this time. The reasons for decision of the Ontario Court may be viewed here.  The reasons for decision of the British Columbia Court may be viewed here.  The reasons for decision of the Quebec Court may be viewed here.

The Joint Committee, which assists the Courts with the implementation of the settlements, brought a similar applications before the Courts between June 20-22, 2016 following a triennial Fund Sufficiency Review that determined that there was an unallocated surplus of monies available in the Trust Fund.

The June 20-22, 2016 joint hearing regarding whether to allocate all or a portion of the surplus estimated to be between $236 million and $256 million

On June 20-22, 2016, Chief Justice Hinkson of the British Columbia Supreme Court, Justice Perell of the Ontario Superior Court and Justice Corriveau of the Superior Court of Québec held joint hearings in Toronto, Ontario, to consider the applications of the Joint Committee and the federal government about the surplus in the 1986 to 1990 Hepatitis C Settlement Agreement Trust Fund which is estimated to be between $207 million and $256 million as at December 31, 2013.

DECISIONS OF THE JUDGES

The decisions of Justice Perell (Ontario) and Justice Corriveau (Quebec) on the applications to allocate excess capital were released on August 15, 2016. The decision of Chief Justice Hinkson (BC) on the applications to allocate excess capital was released on August 16, 2016.

Each of the courts approved seven of the nine recommendations (with some minor modifications) made by the Joint Committee. Each of the courts dismissed the application of the government of Canada to have the excess capital paid to Canada.

Recommendations accepted
1.    $32 million to cover late claims;
2.    $50 million to pay amounts equal to 8.5% of fixed payments already granted;
3.    $22 million to increase fixed amounts to family members;
4.    $20 million to compensate for loss of pension benefits;
5.    $34 million to increase benefits for loss of services in the home;
6.    $629,000 for cost of care at level 6;
7.    $2 million to pay expenses for family members to attend medical appointments.

How the recommendations translate into enhancements for the class members
Late claims – a fixed amount of money has been allocated to a dedicated fund for the late claims and the Joint Committee may set up a plan for processing them and paying the eligible ones. This specific Late Claims Plan must be pre-approved by the courts.  

After the decisions were released, the Joint Committee and the  Administrator worked hard in the hope of being able to make some payments starting in December 2016.  Before payments can be made, the decisions of the Ontario and British Columbia courts had to be made into Court orders, which must be approved by the parties and signed by the judges before they become effective.  The Joint Committee, the federal government and the Ontario and British Columbia governments all agreed on the content of the orders.   Unfortunately, on December 22, 2016, the governments of Alberta, Saskatchewan, Manitoba, Prince Edward Island, Nova Scotia, New Brunswick, Newfoundland and Labrador, Yukon, Northwest Territories and Nunavut asked to include wording in the Ontario order that is not contained in the Court's decision and which the Joint Committee believes is not appropriate to include.  This dispute is what is holding up the orders being finalized, which is necessary before any payments can be made. The Joint Committee is trying to resolve this dispute and will update the 86-90 website with further developments. 

 
Please be sure to monitor the website regularly for current information.
http://www.hepc8690.ca/home-e.shtml