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Hepatitis C - Class Actions Settlement
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IMPORTANT NOTICE

The decisions of Justice Perell, Justice Corriveau and Chief Justice Hinkson on the applications to allocate excess capital were released in mid-August 2016.  Each of the courts approved 7 of the 9 recommendations (with some modifications) made by the Joint Committee. Each of the Courts dismissed the federal government’s application to have the excess capital paid to Canada. A copy of the decisions can be found by clicking on the link to the applicable province below.

The recommendations approved by the Courts, known as the HCV Special Distribution Benefits, are:

·         Late claims – a fixed amount of money has been allocated to a dedicated fund for the late claims and the Joint Committee is preparing a plan for processing them and paying the eligible ones. This specific Late Claims Plan must be pre-approved by the courts. 

·        Fixed payments – Level 1, 2, 3, 5 and 6 fixed payments, the $50,000 fixed payment (1999 dollars) under the Hemophilia Plan, and fixed payments for the estates of persons who died before 1999 ($50,000, $72,000 or $120,000 in 1999 dollars) have each increased by an amount equal to 8.5% of the 2014 dollar value of these payments. 

 

·        Family Member payments – payments to children over 21 and to parents of a deceased HCV infected approved claimant have increased by $4,600 (1999 dollars)

 

·        Loss of Income (pension benefits compensation) – 10% increase subject to a maximum adjustment of $20,000 annually

 

·        Loss of Services – increase the maximum number of hours per week which may be  compensated from 20 to 22

 

·        Cost of Care – increase the maximum amount payable per year from $50,000 (1999 dollars) to $60,000 (1999 dollars)

 

·        Out of Pocket Expenses –compensation of $200 in the event a family member (or more than one family member) accompanies an HCV infected person to a HCV related medical appointment. This payment is $200 regardless of how many family members attend the appointment and is paid from August 16, 2016 (date of the last judgement approving the recommendation) and forward only. 

All of the benefits described above are retroactive (payments will be made to increase previously made payments in line with these HCV Special Distribution Benefits) except the Out of Pocket Expenses benefit.  All payments for HCV Special Distribution Benefits will be indexed to the date of payment.

NEW UPDATE

The Court Orders have been approved by all parties, signed by the supervising judges and issued by the Courts. A copy of the Court Orders can be found by clicking on the link for the applicable province below.

The Administrator has begun processing the payments approved by the Court Orders.  Given the large number of HCV Special Distribution Benefits payments to be made, payments need to be made over time in 3 stages. 

  • The first stage of payments will be made during the week of February 6, 2017 to alive primarily infected and secondarily infected claimants in respect of the Fixed payment benefit described above.

  • The second stage of payments will be made in mid May, 2017 to:

    • the estates of deceased claimants entitled to the Fixed payment benefit described above;

    • family members entitled to the Family Member payment described above.

  • The third stage of payments will be made in mid July, 2017 to:

    • claimants entitled to the Loss of Income (pension benefits compensation) benefit described above;

    • the Loss of Service benefit described above

    • the Cost of Care benefit described above

We will update this website to give you a more precise date for the second and third stage of payments when that information becomes available.

The Joint Committee will also be filing with the Courts motions/applications regarding the following:

  • a proposed Late Claims Plan

  • a request to permit co-infected Hemophiliacs who elected to accept  the all-inclusive sum of $50,000 (1999 dollars) an opportunity to re-elect and opt-in to the Settlement so long as the amount they received is deducted from the amount they are entitled to under the Settlement

  • a request that the loss of services payments made to disabled children of a deceased HCV infected approved claimant be extended to the lifetime of the disabled child.

We will update this website to let you know if and when the Courts approve these motions/applications.

IMPORTANT:  Please ensure that the Administrator has up-to-date contact information (including an email address if you have one) for:

  • class members who were infected

  • family members who have received payments under the Settlement

  • the executor of the estate of any deceased class member or deceased family member who has received payments or is entitled to payments under the HCV Special Distribution Benefits.

The best way to ensure contact information is current is to email the Administrator at info@hepc8690.ca and include the name of the claimant, family member or estate and the claim number (if you have it) in the subject line of the mail.  

Copies of the materials that were filed with each of the Courts, as well as the decisions of the Courts and the Court Orders/Judgment can be reviewed by clicking on the links to the applicable province below.

British Columbia
Ontario
Quebec

We're here to help you

In this Web site, you will find important information on key aspects of the Hepatitis C (HCV) January 1, 1986-July 1, 1990 Class Actions Settlement.  Please note that the settlement is for the benefit of two main groups:

  • Persons who were infected with HCV for the first time through blood transfusions during the period of January 1, 1986 to July 1, 1990, and certain members of their families;
    and
  • Persons with certain congenital clotting deficiencies (hemophilia) or Thalassemia Major who contracted HCV and received Blood and blood products in Canada during the period of January 1, 1986 to July 1, 1990, and certain members of their families.

Please read the information on this Web site very carefully. This will help you to determine whether you are eligible or not for compensation as a member of one of the two groups identified above. Once you have read and reviewed the information contained in this Web site, you can contact the Administrator if you have any questions or comments.

To do so, you may send an email or call us toll-free, at 1-877-434-0944. Our business hours are 8:30 am to 4:30 pm, Eastern Time, Monday to Friday.

DID YOU KNOW?

  • A key feature of the benefits under The 1986-1990 Hepatitis C Settlement Agreement is that Approved HCV Infected Class Members are able to return for additional compensation if their Disease progresses.  For example, you may have been entitled to Level 2 compensation in the past, but if your Disease has already progressed or does progress in the future you may be approved at a higher disease level and awarded additional compensation. Please contact the Administrator for further information regarding this important feature of the Settlement Agreement.  
  • If you are an Approved Class Member you may be eligible for reimbursement for uninsured costs of HCV treatment and medications in addition to out-of-pocket expenses such as travel costs associated with seeking medical advice and treatment regarding your Hepatitis C. 
  • It is important to designate an Executor of your Estate in your Will for the continuation of your claim in the event that you may pass away.  It is also important to inform your Executor to contact the Administrator regarding your claim under the 1986-1990 Hepatitis C Settlement Agreement as compensation may be available to your family members if Hepatitis C has materially contributed to your death.  Please note that certain claim deadlines will apply to family member applications.   
  • You can add your email address to your file by emailing us at info@hepc8690.ca and we will update or add your email address to your file.  Your email address will remain strictly confidential and will not be distributed. 

Important notice!

Any person who submits a statement of claim to the Administrator containing intentionally inaccurate and/or false information in order to obtain undue benefits under the Agreement is liable to criminal and/or civil action.

 

Disclaimer

 
What's New

March 4, 2015 – Recent HCV Diagnosis Exception to the June 30, 2010 First Claim Deadline

The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals who first learned of their infection with HCV within three (3) years prior to first having advised the Administrator of a potential claim.  To view the Court Approved Protocol, click here

 

March 4, 2015 - Issuance of Initial Claims Packages after the June 30, 2010 First Claim Deadline

The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals upon request, provided that certain conditions are met. To view the Court Approved Protocol, click here

 

May 1, 2014 – Request Form – Deficiency Deadline Extension

Should you wish to request and extension of your Deficiency Deadline, please submit a “Request Form – Deficiency Deadline Extension” setting out (a) the steps already taken to cure the deficiencies; (b) the reasons why the deficiencies have not been cured to date; and (c) the new steps you propose to take to cure the deficiencies and how long these steps will take. To view and print a “Request Form – Deficiency Deadline Extension”, click here.

 

May 1, 2014 – Deficient Claims, Claimants that Cannot be Located and Duplicate Claims

The Court has approved a protocol with regards to Deficient Claims, Claimants that Cannot be Located and Duplicate Claims. To view the Court Approved Protocol, click here.

 

Pre 1986 / Post 1990 Settlement

For further information on that settlement visit

www.pre86post90settlement.ca


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