Court Approved Protocol

• Defined Terms and Provisions Applicable to this Protocol
• The Administrator's Decision to Accept or Reject a Claim
• Obtain And Assess Available Traceback Procedure Information
• Initiate A Records Search
• Where Blood Transfusions Were Received in Canada only During the Class Period or only During and After the Class Period
• Where Blood Transfusions Were Received in Canada Before and During the Class Period or Before, During and After the Class Period
• Indications for Additional Investigation
• Periodic Update of the Records Search in Some Cases
• Reporting
• Confidentiality
• Section 3.04(1) - Rejection of Claim
• Appeal Rights
• Results of Certain Frozen Samples

DEFINED TERMS AND PROVISIONS APPLICABLE TO THIS PROTOCOL
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1. “Traceback Procedure” means a targeted search for and investigation of the donor and/or the units of Blood received by an HCV Infected Person in Canada and, for the purpose of this Protocol, includes any one or more of the following stages of search: a Records Search, a Class Period Search and/or a Pre-Class Period Search;
2. “Records Search” means that stage of Traceback Procedure where a search is conducted to match the units of Blood received by an HCV Infected Person at any time against the records of Canadian Blood Services (“CBS”) and Hema-Quebec to determine if the HCV antibody status of the donor of some or all of the units received is known;
3. “Class Period Search” means that stage of Traceback Procedure where attempts are made to locate the donors of the units of Blood received by an HCV Infected Person during the Class Period and, where necessary, to have the donor tested to determine his or her HCV antibody status;
4. “Pre-Class Period Search” means that stage of Traceback Procedure where attempts are made to locate the donors of the units of Blood received by an HCV Infected Person before the Class Period and, where necessary, to have the donor tested to determine his or her HCV antibody status;
5. “Lookback notification” means notification that the person claimed to be a Primarily-Infected Person received Blood from a donor who, on subsequent donation or testing, is confirmed to be HCV antibody positive.

2. For the purposes of this Protocol:

1. a Traceback Procedure shall be deemed complete and all further Traceback Procedure efforts under this Protocol relating to a Claim discontinued where:

1. the person claimed to be a Primarily-Infected Person received Blood only during the Class Period or only during and after the Class Period and:

1. one of the donors or units of the Blood he or she received during the Class Period is determined to be HCV antibody positive; or
2. all of the donors or units of the Blood he or she received during the Class Period are determined not to be HCV antibody positive; or

2. the person claimed to be a Primarily-Infected Person received Blood before and during the Class Period or before, during and after the Class Period and:

1. one of the donors or units of the Blood he or she received before the Class Period is determined to be HCV antibody positive;
2. all of the donors or units of the Blood he or she received during the Class Period are determined not to be HCV antibody positive; or
3. all of the donors or units of the Blood he or she received before the Class Period are determined not to be HCV antibody positive and one of the donors or units of the Blood he or she received during the Class Period is determined to be HCV antibody positive;

2. all further Class Period Search and/or Pre-Class Period Search efforts under this Protocol relating to a Claim shall be discontinued once the Administrator has made its decision to accept or reject that Claim. Subsequent periodic Record Search updates may be required in respect of some Claims as provided in paragraph 12 of this Protocol.

THE ADMINISTRATOR'S DECISION TO ACCEPT OR REJECT A CLAIM
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3. In making its decision whether the Claim in respect of a person claimed to be a Primarily-Infected Person should be approved, the Administrator shall:

1. obtain and assess the results of the stage or stages of Traceback Procedure required by such of paragraphs 5 to 10 of this Protocol as are applicable to the claim in question;
2. carry out additional investigation where one or more of the type of indicia enumerated at paragraph 11 of this Protocol are present; and
3. where required by the provisions of paragraphs 9(e), 9(f)(ii) or 10(d)(iv) of this Protocol and/or where the Administrator undertook additional investigation as required by paragraph 3(b) of this Protocol, consider whether all of the information available to the Administrator when weighed together establishes to the satisfaction of the Administrator on the balance of probabilities, that the person claimed to be the Primarily-Infected Person was infected with HCV for the first time prior to the Class Period (the “Balance of Probabilities Analysis”).

4. Subject to the other requirements in paragraph 3 of this Protocol, the Administrator shall make its decision to accept or reject the Claim, notwithstanding that a Class Period Search and/or a Pre-Class Period Search may not have been completed:

1. when the Administrator is of the view that in all of the circumstances a Class Period Search and/or a Pre-Class Period Search is unlikely to yield any further information that will assist in assessing the Claim; and
2. notwithstanding subparagraph (a) above, no later than the later of February 18, 2001 or 6 months after the date on which the claimant has met the requirements of Sections 3.01(1)(a) and (b) of the Plan and provided Form TRAN4 and Form TRAN5, whichever is later, unless:

1. the Blood transfusion information concerning the person claimed to be a Primarily-Infected Person provided on or with Form TRAN5 was incomplete or inaccurate, in which case the 6 months will begin to run from the time the Administrator determines the Blood transfusion information is complete; or
2. the time is extended with the consent of the claimant or by a Court on a teleconference motion made by Fund Counsel on notice to the claimant.;

The Administrator shall take reasonable steps to assist the claimant to identify unit numbers for Blood transfusions received by the person claimed to be a Primarily-Infected Person where that information was not provided in the Forms, records and/or in the available Traceback Procedure information. In its discretion, the Administrator may relieve against the requirement to identify all unit numbers for Blood transfusions received where the person claimed to be the Primarily-Infected Person received Blood only during the Class Period or only during and after the Class Period and a negative is indicated on the Pre-Approval Tables annexed hereto when applied to his or her Blood transfusion history.

OBTAIN AND ASSESS AVAILABLE TRACEBACK PROCEDURE INFORMATION
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5. The Administrator shall obtain and assess the results of any Traceback Procedure in respect of a person claimed to be a Primarily-Infected Person initiated without the involvement of the Administrator. If the Traceback Procedure is complete or can be deemed complete as provided in paragraph 2 herein, the Administrator shall accept or reject the Claim:

1. where Blood transfusions were received only during the Class Period or only during and after the Class Period, by applying the appropriate subparagraph of paragraph 7 below; or
2. where Blood transfusions were received before and during the Class Period or before, during and after the Class Period, by applying the appropriate subparagraph in paragraphs 8 to 10 below.

INITIATE A RECORDS SEARCH
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6. In each case where there is no conclusive Lookback notification or the available Traceback Procedure information, if any, is insufficient to allow the Administrator to make its decision to accept or reject a Claim, the Administrator shall initiate a Records Search of those units of Blood received by the person claimed to be a Primarily-Infected Person in respect of which the HCV antibody status is unknown and:

1. where Blood transfusions were received only during the Class Period or only during and after the Class Period, proceed as directed in paragraph 7 below; or
2. where Blood transfusions were received before and during the Class Period or before, during and after the Class Period, proceed as directed in paragraphs 8 to 10 below.

WHERE BLOOD TRANSFUSIONS WERE RECEIVED IN CANADA ONLY DURING THE CLASS PERIOD OR ONLY DURING AND AFTER THE CLASS PERIOD
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7. After reviewing the available Traceback Procedure information, if any, and the results of the Records Search, if such was required, the Administrator shall:

1. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period are determined not to be HCV antibody positive, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period is determined to be HCV antibody positive, accept the Claim, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
3. where the Claim can neither be accepted nor rejected as provided in subparagraph (a) or (b) of this paragraph, the HCV antibody status of one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period remains unknown and a negative is indicated on the applicable Pre-Approval Tables annexed hereto when applied to his or her Blood transfusion history, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol; or
   
4. where the Claim can neither be accepted nor rejected as provided in subparagraph (a) or (b) of this paragraph, the HCV antibody status of one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period remains unknown and an affirmative is indicated on the applicable Pre-Approval Tables annexed hereto when applied to his or her Blood transfusion history, initiate a Class Period Search and after reviewing the results proceed as follows:

1. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period are determined not to be HCV antibody positive by the Class Period Search, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period is determined to be HCV antibody positive by the Class Period Search, accept the Claim, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol; or
   
3. where the Claim can neither be accepted nor rejected as provided in subparagraph (d)(i) or (d)(ii) of this paragraph and the HCV antibody status of one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period remains unknown following the Class Period Search, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the results of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol.
   

The directions contained in this paragraph are also depicted in the following flowchart:

WHERE BLOOD TRANSFUSIONS WERE RECEIVED IN CANADA BEFORE AND DURING THE CLASS PERIOD OR BEFORE, DURING AND AFTER THE CLASS PERIOD
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8. After reviewing the available Traceback Procedure information, if any, and the results of the Records Search, if such was required, the Administrator shall:

1. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period is determined to be HCV antibody positive, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period are determined not to be HCV antibody positive, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
3. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive and one or more of the donors or units of the Blood he or she received during the Class Period is determined to be HCV antibody positive, accept the Claim , subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
4. where the Claim can neither be accepted nor rejected as provided in subparagraphs (a) to (c) of this paragraph, all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive, the HCV antibody status of some of the donors or units of the Blood he or she received during the Class Period remains unknown and a negative is indicated on the applicable Pre-Approval Tables annexed hereto when applied to his or her Blood transfusion history, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol; or
   
5. where the Claim can neither be accepted nor rejected as provided in subparagraphs (a) to (d) of this paragraph and the HCV antibody status of one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before or during the Class Period remains unknown, after considering how to most expeditiously investigate the Blood transfusions, initiate a Class Period Search and/or a Pre-Class Period Search on the remaining units of Blood he or she received.

9. Where a Pre-Class Period Search was initiated pursuant to subparagraph 8(e) above, the Administrator shall:

1. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period is determined to be HCV antibody positive by the Pre-Class Period Search, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive by the Pre-Class Period Search and one or more of the donors or units of the Blood received during the Class Period has already been determined to be HCV antibody positive, accept the Claim, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
3. where the Claim can neither be accepted nor rejected as provided in subparagraph (a) or (b) of this paragraph, all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive by the Pre-Class Period Search and the HCV antibody status of some or all of the donors or units of the Blood he or she received during the Class Period remains unknown and a negative is indicated on the applicable Pre-Approval Tables annexed hereto when applied to his or her Blood transfusion history, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
4. where the claim can neither be accepted nor rejected as provided in subparagraphs (a) to (c) of this paragraph, all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive by the Pre-Class Period Search, HCV antibody status of some or all of the donors or units of the Blood he or she received during the Class Period remains unknown and an affirmative is indicated on the applicable Pre-Approval Tables annexed hereto when applied to his or her Blood transfusion history, initiate a Class Period Search of the remaining units of Blood received by the person claimed to be a Primarily-Infected Person during the Class Period and after reviewing the results proceed as follows:

1. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period are determined not to be HCV antibody positive by the Class Period Search, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period is determined to be HCV antibody positive by the Class Period Search, accept the Claim, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
3. where the claim can neither be accepted nor rejected as provided in subparagraph (d)(i) or (d)(ii) of this paragraph and the HCV antibody status of one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period remains unknown following the Class Period Search, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;

5. where the Claim can neither be accepted nor rejected as provided in subparagraphs (a) to (d) of this paragraph, the HCV antibody status of some or all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period remains unknown following the Pre-Class Period Search and one or more of the donors or units of the Blood he or she received during the Class Period has already been determined to be HCV antibody positive, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol; or
   
6. where the Claim can neither be accepted nor rejected as provided in subparagraph (a) to (d) of this paragraph, the HCV antibody status of some of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period remains unknown following the Pre-Class Period Search and the HCV antibody status of some or all of the donors or units of the Blood he or she received during the Class Period remains unknown, initiate a Class Period Search of the remaining units of Blood received by the person claimed to be a Primarily-Infected Person during the Class Period and after reviewing the results proceed as follows:

1. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period are determined not to be HCV antibody positive by the Class Period Search, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraphs 17 of this Protocol; or
   
2. where the Claim cannot be rejected as provided in subparagraph (f)(i) of this paragraph following the Class Period Search, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol.

10. Where a Class Period Search was initiated pursuant to subparagraph 8(e) above, the Administrator shall:

1. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period are determined not to be HCV antibody positive by the Class Period Search, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person during the Class Period is determined to be HCV antibody positive by the Class Period Search and all of the donors or units of the Blood he or she received before the Class Period have already been determined not to be HCV antibody positive, accept the Claim, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
3. where the Claim can neither be accepted nor rejected as provided in subparagraph (a) or (b) of this paragraph, the HCV antibody status of one or more of the donors or units of the Blood he or she received by the person claimed to be a Primarily-Infected Person during the Class Period remains unknown following the Class Period Search and all of the donors or units of the Blood he or she received before the Class Period have already been determined not to be HCV antibody positive, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol; or
   
4. where the Claim can neither be accepted nor rejected as provided in subparagraphs (a) to (c) of this paragraph, none of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period have been determined to be HCV antibody positive and the HCV antibody status of some of the donors or units of the Blood he or she received before the Class Period remains unknown, initiate a Pre-Class Period Search on the remaining units of Blood received by the person claimed to be a Primarily-Infected Person before the Class Period and after reviewing the results proceed as follows:

1. where one or more of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period is determined to be HCV antibody positive following the Pre-Class Period Search, reject the Claim as provided in Section 3.04(1) of the Plan, subject to the claimant's right to provide evidence to refute the Traceback Procedure result as provided in Section 3.04(2) of the Plan and paragraph 17 of this Protocol;
   
2. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive following the Pre-Class Period Search and one or more of the donors or units of the Blood he or she received during the Class Period has already been determined to be HCV antibody positive, accept the Claim, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol;
   
3. where all of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period are determined not to be HCV antibody positive following the Pre-Class Period Search, the HCV antibody status of one or more of the donors or units of the Blood he or she received during the Class Period remains unknown and none of the donors or units of the Blood received during the Class Period have been determined to be HCV antibody positive, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol; or
   
4. where the claim can neither be accepted nor rejected as provided in subparagraphs (d)(i) to (d)(iii) of this paragraph and the HCV antibody status of some or all of the units of the Blood received by the person claimed to be a Primarily-Infected Person before the Class Period remains unknown following the Pre-Class Period Search regardless of whether or not one or more of the donors or units of the Blood he or she received during the Class Period has already been determined to be HCV antibody positive, accept the Claim in reliance on the presumption provided for in the definition of Primarily-Infected Person in the Plan, subject to the effect, if any, of the Balance of Probabilities Analysis the Administrator may be required to perform as provided in paragraph 3(c) of this Protocol.

The directions contained in paragraphs 8, 9 and 10 are also depicted in the following flowchart:

INDICATIONS FOR ADDITIONAL INVESTIGATION
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11. The Administrator shall review such records, Forms, documentation and/or information it receives pertaining to the person claimed to be a Primarily-Infected Person to determine if there is any indication for additional investigation, including:

1. any indication of non-prescription intravenous drug use by the person claimed to be a Primarily-Infected Person, notwithstanding that the claimant provided the required declaration;
   
2. a failure to provide a declaration of knowledge, information and belief that the person claimed to be a Primarily-Infected Person was not infected with Hepatitis Non-A Non-B or the Hepatitis C virus prior to January 1, 1986;
   
3. a prior application to another government HCV compensation program and/or a declaration of knowledge, information or belief that the person claimed to be a Primarily-Infected Person was infected with HCV by blood received before January 1, 1986;
   
4. any indication of Blood transfusion information that conflicts with the information provided on the Forms submitted;
   
5. a relationship with the Treating Physician which appears to be of a transitory nature;
   
6. any indication of the existence of Hepatitis B, a previous unspecified Hepatitis or liver irregularity by the person claimed to be a Primarily-Infected Person prior to his or her first Blood transfusion during the Class Period;
   
7. any indication of the existence of a major surgical procedure, disease, treatment or trauma that was likely to have required a Blood transfusion but which was not detailed in the answers provided in the Forms submitted to the Administrator;
   
8. any indication of one or more of the risk factor(s) outlined at Section F of the Form TRAN2 Treating Physician Form either from the Treating Physician or in the other documentation received;
   
9. receipt of any Blood transfusions outside Canada at any time prior to his or her diagnosis with HCV; and/or
   
10. an inconclusive Traceback Procedure result;

and conduct such additional investigation as to it seems appropriate for the Claim in question, which may include obtaining additional documentation and/or medical examination as provided in Section 3.03 of the Plan.

PERIODIC UPDATE OF THE RECORDS SEARCH IN SOME CASES
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12. The Administrator shall, after having made its decision to accept or reject a Claim as provided in subparagraph 7(c), 7(d)(iii), 8(d), 9(c), 9(d)(iii), 9(e), 9(f)(ii), 10(c), 10(d)(iii) or 10(d)(iv), periodically update the Records Search of the relevant units of Blood received by the person claimed to be a Primarily-Infected Person for which the HCV antibody status remains unknown to determine if there is any additional information with which to re-assess its decision in respect of the Claim.
    
13. Where a Claim is accepted, it may later be rejected if information concerning the HCV antibody status of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person or other means of infection becomes known which would have resulted in rejection of the Claim had that information been considered at the time the Administrator's decision was taken. The claimant shall thereafter become disentitled to future payments under the Plan. Absent fraud on the part of the claimant, the claimant shall not be obligated to repay any monies received under the Plan prior to becoming disentitled under the Plan.
    
14. Where a Claim is rejected, it may later be accepted if information concerning the HCV antibody status of the donors or units of the Blood received by the person claimed to be a Primarily-Infected Person becomes known which would have resulted in acceptance of the Claim had the information been considered at the time the original decision was taken. The claimant shall become entitled to the relevant payments under the Plan.

REPORTING
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15. The Administrator shall, where it has received sufficient Traceback Procedure information from CBS or Hema-Quebec to make its decision to accept or reject a Claim, request CBS or Hema-Quebec to provide a report of available Traceback Procedure information to the claimant.

CONFIDENTIALITY
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16. The Administrator shall not use or disclose the information obtained pursuant to the Traceback Procedure other than for the purpose of performing its obligation pursuant to Ontario and British Columbia judgments dated October 22, 1999 and the Quebec judgment dated November 19, 1999 and any other relevant court orders and for no other improper purpose. Any person to whom the Administrator discloses the information obtained pursuant to the Traceback Procedure in performing its obligations pursuant to the fulfilment of the said judgments and orders shall not use the Traceback Procedure information for any purpose other than the fulfilment of the said judgments and orders.

SECTION 3.04(1) – REJECTION OF CLAIM
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17. The Administrator shall, after determining in accordance with the provisions of Section 3.04(1) of the Plan and subparagraph 7(a), 7(d)(i), (8)(a), 8(b), 9(a), 9(d)(i), 9(f)(i), 10(a) or 10(d)(i) above that a Claim must be rejected based upon the Traceback Procedure result, advise the claimant that, unless the claimant provides further evidence of first infection (“Further Evidence of First Infection”) which establishes to the satisfaction of the Administrator that the person claimed to be the Primarily-Infected Person was infected for the first time with HCV by a Blood transfusion received in Canada during the Class Period notwithstanding the Traceback Procedure result in accordance with Section 3.04(2) of the Plan, his or her claim shall be rejected (a “Section 3.04 Letter”).
    
18. A Section 3.04 Letter shall advise the claimant that he or she may elect to provide Further Evidence of First Infection by returning the election form provided to the Administrator within thirty days from the date of receipt of the Section 3.04 Letter, failing which his or her claim shall be rejected.
    
19. If the claimant elects to provide Further Evidence of First Infection and returns the prescribed election form in the prescribed time, he or she must provide, within the following six months, his or her Further Evidence of First Infection, unless that time is extended with the consent of the Administrator or by the Court on a teleconference motion arranged at the request of the claimant.
    
20. The Administrator shall, following receipt and consideration of the Further Evidence of First Infection received from a claimant, accept or reject his or her Claim based upon all of the information available to the Administrator and Section 3.04 of the Plan.
    
21. If the claimant who elected to provide Further Evidence of First Infection does not provide the Further Evidence of First Infection within the six months following his or her election, or such further time as has been agreed or ordered, his or her Claim shall be rejected.

APPEAL RIGHTS
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22. Where the Administrator rejects a Claim, it shall advise the claimant of his or her appeal rights in relation thereto.

RESULTS OF CERTAIN FROZEN SAMPLES
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23. Notwithstanding the foregoing provisions of this Protocol, no test result in respect of a frozen blood sample maintained by Canadian Blood Services shall be taken into consideration for the purpose of including or excluding any HCV Infected Person under the Plan.

Y - (affirmative) means a Class Period Search is required.
N - (negative) means a Class Period Search is not required.
1 - Except for those less than 20 years of age at time of HCV diagnosis
2 - Pre-approval for this age group for 100+ units only
3 - Pre-approval for this age group for 200+ units only

Y - (affirmative) means a Class Period Search is required.
N - (negative) means a Class Period Search is not required.
1 - Except for those less than 20 years of age at time of HCV diagnosis
2 - Pre-approval for this age group for 100+ units only
3 - Pre-approval for this age group for 200+ units only
4 - Pre-approval for this age group for 500+ units only

To assess a person claimed to be a Primarily-Infected Person transfused in more than one year during the Class period:

1. locate the number assigned in the above table for the date by month and year of each transfusion (d);
2. determine the number of units for each transfusion (u);
3. use that information in the following formula: weighted average = (d1x u1)+ (d2xu2)+(d3xu3)+etc./u1+u2+u3+etc.)
4. locate the weighted average on the table above to determine the appropriate year to use on either Table 1(male) or Table 2 (female); and
5. locate the total number of units transfused (the denominator in the above formula) in the appropriate year on Table 1 (male) or Table 2 (female).