Appeals : Arbitrator Decisions : #22 - August 14th, 2001

D E C I S I O N

Introduction

1. Claimant 3899 from the Province of New Brunswick submitted a claim as a primarily infected person under the HCV Transfused Plan. The claim was denied on the basis that she did not receive a transfusion of "blood" as defined by the Settlement Agreement.

2. The Claimant requested that this matter be reviewed by an Arbitrator.

3. The Parties waived the necessity of a hearing.

Facts

4. The Claimant received Rh Immune Globulin in December of 1988. This is a multiple donor blood product given intramuscularly to prevent complications created by Rh incompatibility during pregnancy.

5. The definition of Blood for the purposes of the Plan is a follows:

"Blood means whole blood and the following blood products: packed red cells, platelets, plasma (fresh frozen and banked) and white blood cells. Blood does not include Albumin 5%, Factor VIII, Porcine Factor VIII, Factor IX, Factor VII, cytomegalovirus Immune Globulin, Hepatitis B Immune Globulin, Rh Immune Globulin, Varicella Zoster Immune Globulin, Immune Serum Globulin, (FEIBA) FEVIII Inhibitor Pypassing Activity, Autoplex (Activate Prothrombin Complex), Tetanus Immune Globulin, Intravenous Immune Globulin (IVIG) and Antithrombin III (ATIII).

Decision

6. It is clear from the definition of "Blood" that "Rh Immune Globulin" is an excluded blood product.

7. It is, therefore, my decision that the Administrator properly determined that the Claimant is not entitled to compensation under the Plan.

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Dated at Halifax on this 14th day of August 2001
Gregory I. North, Q.C., C. Arb.
Arbitrator