Appeals : Arbitrator Decisions : #15 - May 30th, 2001

D E C I S I O N

The claimant had no additional evidence to present on appeal. The decision of the Administrator to deny the claimant's claim was based on the fact that the claimant had been transfused with Rh Immune Globulin and that product was specifically excluded from the definition of "blood" under the Transfused Plan.

The Hepatitis C settlement was arrived at through negotiations between class action counsel and various defendants including the Government of Canada.

The Administrator had no discretion to permit the claimant access to the Fund.

The order of the Administrator is affirmed and the appeal is dismissed.

Dated at Toronto, this 30th day of May 2001.

The Hon. Robert S. Montgomery, Q.C.
Arbitrator