Appeals : Arbitrator Decisions : #44 - May 29th, 2002

D E C I S I O N

IN THE MATTER OF AN ARBITRATION PURSUANT TO THE
1986 - 1990 HEPATITIS C SETTLEMENT AGREEMENT

1. The Claimant applied for compensation as a Primarily-Infected Person pursuant to the Transfused HCV Plan.

2. By letter dated April 9, 2002, the Administrator denied the claim on the basis that the traceback investigation confirmed that one of the donors of the blood transfused to the Claimant, prior to the commencement of the class period on January 1, 1986, had tested positive for the HCV antibody.

3. The Claimant requested that the Administrator's denial of his claim be reviewed by an arbitrator.

4. I was appointed as arbitrator on April 22, 2002.

5. On April 25, 2002, I wrote to the Claimant requesting that he advise me whether or not he wished to have an oral hearing.

6. On April 29, 2002, the Claimant's wife telephoned my office and spoke to my assistant, Sandy White. The Claimant's wife informed Ms. White that the Claimant no longer wished to appeal from the Administrator's decision. She said that they had been told the Claimant had first been infected by Hepatitis C as a result of a blood transfusion received in 1985 and that they had no further evidence to present. I note that in the General Claimant Information form signed by the Claimant on May 25, 2000, he expressly authorized the Administrator to deal with his wife in connection with this claim.

7. On April 30, 2002, I sent a letter to the Claimant indicating that, based on the telephone conversation of the previous day between his wife and my assistant, I understood he no longer wished to appeal from the Administrator's decision to reject his claim for compensation under the Transfused HCV Plan. I requested that the Claimant advise me whether or not this was correct. I also stated that, if I did not hear from the Claimant by May 10, 2002, I would proceed to dismiss the appeal on the basis of the information submitted by the Administrator.

8. A true copy of my letter to the Claimant dated April 30, 2002 is attached as Appendix "A".

9. I have received no reply from the Claimant, or anyone on his behalf, to the aforesaid letter.

10. Based on the traceback results, it appears that the donor of blood which was transfused to the Claimant on June 30, 1985 tested positive for the HCV antibody.

11. In the absence of any further evidence, it is clear that the Claimant has not established that he was first infected by a blood transfusion in Canada between January 1, 1986 and July 1, 1990, as required by Article 3.01 of the HCV Plan.

12. Accordingly, the Administrator's denial of the Claimant's request for compensation is hereby upheld.

DATED at Halifax, Nova Scotia, this 29th day of May, 2002.

S. BRUCE OUTHOUSE, Q.C.
Arbitrator

APPENDIX "A"

BLOIS, NICKERSON & BRYSON
BARRISTERS & SOLICITORS
Since 1864

FRANKLYN W. CORDON, Q.C. WILLARD STRUG, Q.C. 1568 Hollis Street
S. BRUCE OUTHOUSE, Q.C. ROBERTA J. CLARKE, Q.C.* P.O. Box 2147
GORDON R. KELLY THOMAS M. MACDONALD Halifax, Nova Scotia
COLIN D. BRYSON PAMELA J. MACKEIGAN Canada, B3J 3B7
GLENN R. ANDERSON = RICHARD J. MELANSON
ELIZABETH A. WHELTON N. KENT CLARKE Telephone: 902-425-6000
PHILIP S. GRUCHY R. LESTER JESUDASON Fax: 902-429-7347
KIM A. JOHNSON ANGELA J. SWANTEE E-mail: bouthouse@bloisnickerson.com
JULIE E. SMITH Website: www.bloisnickerson.com

S. DAVID BRYSON, Q.C., COUNSEL, RET'D

= also of the Ontario Bar * also of the Newfoundland Bar

April 30, 2002

Mr.

Dear Mr. :

Re: 1986-1990 Hepatitis C Class Action Settlement - Claim No. 872

telephoned my office on April 29, 2002 and spoke to my assistant, Sandy White. Ms. indicated that you no longer wished to appeal from the Administrator's decision to reject your claim for compensation under the Transfused HCV Plan. Please advise me if this is correct.

If it is, or if I do not hear from you by May 10, 2002, I will proceed to dismiss the appeal on the basis of the information submitted by the Administrator.

Yours very truly,

BLOIS, NICKERSON & BRYSON

S. Bruce Outhouse

SBO:sw
cc: Ms. Carolyn J. Horkins, Fund counsel
(via fax - 416-369-7250)