Appeals: Confirmed Referee Decisions : #90 - October 23, 2002

D E C I S I O N

This arbitration is an appeal from the decision of the Administrator denying a claim for compensation on the ground that the claimant did not receive transfused Blood within the Class Period from a donor determined to be HCV antibody positive.

The claimant received a blood transfusion at the time of prostate surgery on April 7, 1986. This was the only transfusion received in the Class Period. A Traceback was done following established protocol: it indicated the blood received by this claimant was not infected with Hepatitis C.

The claimant was understandably upset when he found that the "check digit" numbers at the end of the unit number of the blood transfused were incorrect. Those numbers were 8 and 5. A further check shows that blood was not transfused. It is regrettable that this kind of error was made in the recordkeeping at the hospital. It has exacerbated the claimant's distrust of the system.

I am satisfied on the explanation of Lindsay Patterson of the Canadian Blood Services, sent to Carol Miller, Appeals Coordinator, The 86-90 Hepatitis C Claims Centre, advising of the validation through a mathematical equation. He further stated that health care practitioners and blood bank technicians frequently omit this check digit when documenting the unit numbers of transfused products. Except for the check digit, the unit numbers are the same and are treated as such by the Canadian Blood Service.

It is with regret that I must dismiss the appeal and affirm the decision of the Administrator.

I would be remiss if I failed to commend the claimant for an excellent presentation.

Dated at Toronto, this 23rd day of October 2002.

The Honourable Robert S. Montgomery Q.C.
Referee