The HCV Infected Person Died Before January 1, 1999 - DB9 Claims

What happens if there is disagreement among Family Members, when the deceased died before January 1, 1999?

Under the $50,000 election, the Estate receives a lump sum payment of $50,000, coupled with reimbursement for Uninsured Funeral Expenses to a maximum sum of $5,000. In addition, there is compensation available for Dependant Family Members for their loss of financial support, or for Loss of Services in the home. Family Members may also be eligible for pre-set amounts under the Settlement Agreement, but they must file individual Family Member Claims.

Under the $120,000 election, Family Members receive a lump sum joint payment of $120,000. They may also be reimbursed for Uninsured Funeral Expenses to a maximum sum of $5,000.

Once all Family Members have made a decision, including Former Spouses and Dependants, the election is to be indicated in Section B, Question 3 of the GEN 21 or GEN 21M Form. The HCV Personal Representative must also sign and date the Form in Section F in the presence of a witness. The witness will have to sign the Form and print his or her name in the space provided next to his or her signature.

However, in cases where Family Members are claiming the joint lump sum payment of $72,000 under the Hemophiliac Plan, (HEMO 22 or HEMO 22M) there is no other option. The Claim cannot be processed until every Family Member and all Dependants have agreed to the allocation of the $72,000.

If Family Members are unable to come to an agreement under the $120,000 or $72,000 options, they can apply to the Court asking the judge to allocate the joint payment for Family Members.