Appeals : Confirmed Referee Decisions : #60 -October 3, 2002

D E C I S I O N

In the present file, the petitioner informed the undersigned that he did not request any hearing and, consequently, leaves the file as constituted and to which were added the exhibits communicated by the petitioner, copies of which the Administrator's counsel has received. The latter did not request a hearing. Upon careful examination of each of the exhibits contained in the file, I must conclude that the petitioner did not receive any blood product during the period covered in the Hepatitis C (HCV) January 1, 1986 - July 1, 1990 Class Actions Settlement ("Settlement Agreement"). The terms of the Settlement Agreement clearly define what must be considered as "Blood" :

"Blood" means whole blood and the following blood products : packed red cells, platelets, plasma (fresh frozen and banked) and while blood cells. Blood does not include :

Albumin 5%, Albumin 25%, […]

[Emphasis added]

These two restrictions, with respect to the period covered and nature of the products, are clearly set out in the wording of the Settlement Agreement and must be implemented as was done by the Administrator in the present file. The petitioner has not established that he meets the eligibility requirements regarding both the period covered as well as the products received. In such circumstances, I have no choice but to reject the request for review and uphold the decision rendered by the Administrator.


Montreal, October 3, 2002

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Martin Hébert, Referee