Appeals: Confirmed Referee Decisions : #117 - November 26, 2003

D E C I S I O N

The claimant, who resides in South Porcupine, Ontario, submitted a claim as primarily infected person under the HCV Transfused Plan. The claimant's claim was denied because the Administrator found that he did not receive a blood transfusion during the class period.

The claimant stated that he has received two blood transfusions in Canada in his lifetime. One transfusion was received prior to 1986 and one transfusion was received during the period between January 1, 1986 and July 1, 1990.

Dr. Alfred Cooper completed the Treating Physician Form and he stated that having regard to the definition of blood the claimant did receive a blood transfusion in the period January 1, 1986 to July 1, 1990.

Carol Miller gave evidence that she had faxed Dr. Cooper and asked him if he had medical documents to support a transfusion. The doctor replied on the same day stating that he answered the question based on verbal information from the patient and he had no medical documentation to support a transfusion. The fax and return fax were available for inspection by the claimant.

The claimant further claimed that he was in Toronto General Hospital in June of 1990 and he received a bag of blood on an IV pole injected into his arm. He describes it as being red and that he said it was after back surgery which consisted of a spinal fusion.

Neither the hospital records, nor the trace by Canadian Blood Services, nor the doctor's notes who did the surgery, show any evidence of transfusion.
The usual trace back was done through Canadian Blood Services and there is no record of the claimant receiving any blood.

After reviewing the evidence, I have come to the conclusion that the claimant was not transfused during the class period, that is between January 1, 1986 and July 1, 1990, even though he has clearly been diagnosed with Hep C which was diagnosed in 1997 he is not eligible under the terms of the settlement to receive any compensation from the Fund.

In result then, the claim is dismissed and the Administrator's decision is upheld.

DATED at Toronto, this 26th day of November, 2003.

"G. Charney"_______
Gerald J. Charney, Referee