Appeals: Confirmed Referee Decisions : #133 - March 15, 2004

D E C I S I O N

1. On January 6, 2003, the Administrator denied the claim for compensation as a Primarily-Infected Person pursuant to the Transfused HCV Plan on the basis that the Claimant had not provided sufficient evidence that he was infected for the first time with HCV by a blood transfusion received in Canada within the Class Period.

2. The Claimant requested an oral hearing by a Referee to review the decision of the Administrator.

3. The Claimant resides in Hobbema, Alberta, and received eight units of transfused blood at the University of Alberta Hospital in Edmonton, Alberta, between the 31 st day of March and the 21 st day of April 1987. He was transferred to the Wetaskiwin Hospital for follow-up rehabilitation treatment.

4. The hearing was held on July 8, 2003 at Hobbema, Alberta.

5. Neither party disputed the following facts:

• The clinical records from the University Hospital related to an admission for surgery for a central fracture dislocation of his right hip following a motor vehicle accident.
  
• He was discharged on April 29, 1987.
  
• The Claimant is infected with Hepatitis C.
  
• A trace back was initiated in May 2000.
  
• By letter of November 6, 2002, the Claimant was told the results of his trace back confirmed the donors of the blood transfused to him during the Class Period had tested negative for the HCV antibody and that his claim would be rejected unless he would prove infection by a blood transfusion received in Canada during the Class Period notwithstanding the results of the Traceback Procedure.

6. At the time of the hearing, the Claimant stated that he wanted to have produced all the records from the Wetaskiwin Hospital to satisfy himself there were no blood transfusions that occurred during that hospitalization.

7. I reviewed University of Alberta Hospital records, the Tran 2 form and the Other Risk Factor Inquiry Form in the presence of the Claimant, Fund Counsel and Carol Miller, the Appeals Coordinator of the Hepatitis C January 1, 1986 – July 1990 Claims Centre.

8. During review of the Tran 2 filled out by a Dr. T.K. Idicula, it was noted that he had left blank the questions under Section E-Patient History, and questions 1-8 of Section F, Disease Verification, in the Tran 2.

9. I asked him to relate his prior medical history from birth, and noted:

• He had been married 4 times, with six children and had numerous other sexual liaisons between age 18 and 47,
  
• he had been incarcerated for four months in Alberta for a conviction for assault and for 30 days for another matter.
  
• He had four tattoos between 1972 and 1974 one of which he applied himself admittedly without sterilizing the needle and using India ink.
  
• He had injected himself with cocaine on one occasion in 1974 and ingested it on many other occasions.
  
• He admitted to alcohol abuse and that he had been sent to Alberta Hospital for 30 days of treatment in the early 1980s.
  
• He admitted to having ulcers currently.
  
• He admitted his family doctor has urged him to cease consumption of alcohol over a period of nearly 30 years.
  
• His mother overused alcohol and died of cirrhosis of the liver.

10. I noted from the hospital records that he was diagnosed with alcoholism at the time of his admission to hospital.

11. On October 24, 2003 Fund Counsel provided the records they had obtained from the Wetaskiwin General Hospital for the period of January 1, 1986 to July 1, 1990, as well as a copy of a letter from Canadian Blood Services to Sarah Gallant dated September 24, 2003 with enclosures and a copy of a letter from Canadian Blood Services to Sarah Gallant dated October 1, 2003 with enclosure. This information revealed that the hospital has a record of the claimant being cross-matched for two units of blood, however the units were kept on hold in Edmonton and there is no record of the units being transfused in the Claimant during the Class Period.

12. These records were transmitted to the Claimant on November 12, 2003.

13. The Claimant advised on December 11, 2003 that he desired a further in person hearing to review and consider the additional documentation and the same was set for January 13, 2004.

14. The Claimant did not attend at the subsequent hearing date.

15. Telephone and written correspondence were issued to determine the Claimant’s wishes. At the end of February, 2004 the Claimant advised that he was prepared to have me conduct a document review and to proceed to issue my decision based on all the foregoing information presented to me.

16. The Claimant did not present any evidence to suggest that the donors of the blood products were infected with the virus.

17. From a review of all of the documentation submitted by the Claimant together with his oral evidence at the hearing, I concluded the declaration by Dr. Idicula in the Tran 2 was incomplete and in any event likely made without knowledge of all the relevant medical information, in particular the relevant risk factors present prior to his hospitalization including his incarceration, alcoholism, tattoos, intranasal drug use, non prescription intravenous drug use in the periods prior to the hospitalization which could have put him in contact with the Hepatitis C virus in other high risk activities without his knowledge or recollection.

18. I found no evidence to show on a balance of probabilities or otherwise, that he was infected for the first time with HCV by a blood transfusion received in Canada during the Class Period.

19. Accordingly, I uphold the Administrator’s denial of the Claimant’s request for compensation.

Dated at Edmonton, Alberta, this 15 th day of March 2004.

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Shelley L. Miller, Q.C.
Referee