Appeals : Confirmed Referee Decisions : #64 - October 10, 2002

D E C I S I O N

On May 15, 200 the Claimant submitted a claim to the Administrator as a primarily-infected person under the Transfused HCV Plan.

On June 25, 2001 the Administrator denied the Claimant's claim on the basis that the donors of all units of blood transfused to the Claimant during the class period tested negative for the HCV antibody.

On August 21, 2001 the Claimant submitted a request for a review by a Referee of the Administrator's decision.

A hearing was held on July 24, 2002 at Toronto, Ontario and the facts established are as follows:

1. The evidence presented as part of the claim, shows that the Claimant is infected with Hepatitis C.

2. In the General Information Form (TRAN 1), the Claimant states that she had two (2) blood transfusions during the class period.

3. The Claimant also indicates, in the Blood Transfusion History Form (TRAN 5), that she had blood transfusions in 1992 and 1993 without specifying the number of units that were transfused.

4. In the initial Treating Physician Form (TRAN 2), Dr. Castiglione (Physician), indicates that the Claimant presents other risk factors such as blood transfusions outside the class period.

5. The traceback procedure conducted by Hema-Quebec confirms the following elements:

a) Six (6) units of blood were transfused to the Claimant in 1989, during the class period;
b) Twelve (12) units of blood were transfused to the Claimant between 1991 and 1993, outside the class period;
c) All donors of the blood transfused to the Claimant during the class period, have tested negative for the HCV antibody.

The Board finds that the Claimant is infected with Hepatitis C. The Board also finds that the Claimant received six (6) units of blood in 1989 during the class period and she received a total of twelve (12) units of blood between 1991 and 1993 all outside the class period.

The Board finds the trace back procedures employed by the Administrator are proper and accurate and that there is no evidence provided by the Claimant or anyone else that she was infected with Hepatitis C during the class period.

In result then, the Claimant's application is dismissed and the Board confirms the Administrator's decision.

Dated at Toronto, this 10th day of October, 2002.

Gerald J. Charney, Referee