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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