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Appeals : Confirmed Referee Decisions : #58 -September 18, 2002

D E C I S I O N

In this matter, there was no hearing as per the expressed wishes of both parties. After having closely examined all documentation placed on file as prepared, I
recognize that this case concerns a person who died in November of 1995 and who received, still according to documentation on file, eleven (11) blood products.
Such products were provided over two periods, one in 1991 and one in 1995. I was unable to trace any other blood transfusion reference at any other time.

However, the current request for review applies to the January 1, 1986 to July 1, 1990 Hepatitis C Settlement Agreement period ("Settlement Agreement")
approved following the launching of a Class Action suit. We must recognize that evidence submitted in this case prove that transfusions took place outside the
Settlement Agreement period relevant to this situation.

In such circumstances, and based on the available evidence, I must reject the request for review and uphold the decision of March 19, 2001 as made by the
Administrator of the Plans.


Montreal, September 18, 2002

___________________
Martin Hébert, Referee

 

 

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