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Claimants: Additional Information : Compensation Where the HCV Infected Person Is Deceased

Compensation Where the HCV Infected Person Is Deceased

Deceased Prior to January 1, 1999

Section 5.01 of Schedule A (Transfused Plan) and Section 5.01 of Schedule B (Hemophiliac Plan) outline the compensation payable if the HCV Infected Person died prior to January 1, 1999 and there is medical evidence that HCV materially contributed to his or her death. In summary, the Personal Representative and Family Members/Dependants can agree to one of two payment schemes:
  • $50,000 coupled with up to $5,000 for uninsured funeral expenses paid to the Estate, pre-set Family Member payments and Dependant claims for loss of support or loss of services;

    OR

  • $120,000 paid in full satisfaction of ALL claims that the Estate, Family Members and Dependants may have under the Plans. This amount is paid jointly to them. This election will not affect the personal claim of a secondarily- infected Spouse or Child.

Please consult the following Chart if there are NO minors and/or mentally incompetent adults amongst the claimants eligible for compensation.

Please consult the following Chart if there are minors and/or mentally incompetent adults amongst the claimants eligible for compensation.

Section 5.01(4) of Schedule B (Hemophiliac Plan) outlines compensation payable if the deceased Hemophiliac (or person with Thalassemia Major) was co-infected with HIV and there is no medical evidence that HCV materially contributed to his or her death. In summary, the Family has no alternative but to be paid a lump sum payment of $72,000 paid jointly to all eligible claimants.

If this is the case, please consult the following Chart.

If a minor and/or a mentally incompetent adult is amongst the claimants eligible for compensation, payments will be allocated in accordance with a Court approved Protocol.


Deceased After January 1, 1999

Section 5.02 of Schedule A (Transfused Plan) and Section 5.02 of Schedule B (Hemophiliac Plan) outline the compensation payable if HCV Infected Person died after January 1, 1999.

In summary, this claim will be processed as though the deceased HCV Infected Person was still living. In other words, the claim will be assessed by disease level that will determine the amount payable to the Estate. Please consult the Compensation Schedule for details about the compensation payable for each disease level.

If there is medical evidence that HCV materially contributed to the death further payments are allowed. They include:

  • Up to $5,000 for uninsured funeral expenses will also be paid.
  • Pre-set Family Member payments. Please consult Section 6.02 of Schedule A (TRAN) or Section 6.02 of Schedule B (HEMO) for a breakdown of the amounts payable to each type of Family Member.
  • Loss of support and loss of services for Dependants of the deceased. Please consult Section 6.01 of Schedule A (TRAN) or Section 6.01 of Schedule B (HEMO) for more information.

COMPENSATION IF DECEASED PRIOR TO JANUARY 1, 1999
For Claims where NONE of the Claimants is a Minor or a Mentally Incompetent Adult

COMPENSATION IF DECEASED PRIOR TO JANUARY 1, 1999
For Claims where AT LEAST ONE of the Claimants is a Minor or a Mentally Incompetent Adult

COMPENSATION IF HCV INFECTED HEMOPHILIAC (OR PERSON WITH THALASSEMIA MAJOR) WAS CO-INFECTED WITH HIV AND DIED PRIOR TO JANUARY 1, 1999

 
 

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