Claimants: Additional Information
: Compensation Where the HCV Infected Person Is Deceased
Compensation Where the HCV Infected Person Is Deceased
Deceased Prior to January 1, 1999
Section
5.01 of Schedule A (Transfused Plan) and Section
5.01 of Schedule B (Hemophiliac Plan) outline the compensation
payable if the HCV Infected Person died prior to January 1,
1999 and there is medical evidence that HCV materially contributed
to his or her death. In summary, the Personal Representative
and Family Members/Dependants can agree to one of two payment
schemes:
- $50,000 coupled with up to $5,000 for uninsured funeral
expenses paid to the Estate, pre-set Family Member payments
and Dependant claims for loss of support or loss of services;
OR
- $120,000 paid in full satisfaction of ALL claims that
the Estate, Family Members and Dependants may have under
the Plans. This amount is paid jointly to them. This election
will not affect the personal claim of a secondarily- infected
Spouse or Child.
Please consult the following Chart
if there are NO minors and/or mentally incompetent adults
amongst the claimants eligible for compensation.
Please consult the following Chart
if there are minors and/or mentally incompetent adults
amongst the claimants eligible for compensation.
Section
5.01(4) of Schedule B (Hemophiliac Plan) outlines compensation
payable if the deceased Hemophiliac (or person with Thalassemia
Major) was co-infected with HIV and there is no medical evidence
that HCV materially contributed to his or her death. In summary,
the Family has no alternative but to be paid a lump sum payment
of $72,000 paid jointly to all eligible claimants.
If this is the case, please consult the following Chart.
If a minor and/or a mentally incompetent adult is
amongst the claimants eligible for compensation, payments
will be allocated in accordance with a Court approved Protocol.
Deceased After January 1, 1999
Section
5.02 of Schedule A (Transfused Plan) and Section
5.02 of Schedule B (Hemophiliac Plan) outline the compensation
payable if HCV Infected Person died after January 1, 1999.
In summary, this claim will be processed as though the deceased
HCV Infected Person was still living. In other words, the
claim will be assessed by disease level that will determine
the amount payable to the Estate. Please consult the Compensation
Schedule for details about the compensation payable for each
disease level.
If there is medical evidence that HCV materially contributed
to the death further payments are allowed. They include:
- Up to $5,000 for uninsured funeral expenses will also
be paid.
- Pre-set Family Member payments. Please consult Section
6.02 of Schedule A (TRAN) or Section
6.02 of Schedule B (HEMO) for a breakdown of the amounts
payable to each type of Family Member.
- Loss of support and loss of services for Dependants of
the deceased. Please consult Section
6.01 of Schedule A (TRAN) or Section
6.01 of Schedule B (HEMO) for more information.
COMPENSATION IF DECEASED PRIOR
TO JANUARY 1, 1999
For Claims where NONE of the Claimants is a Minor or a
Mentally Incompetent Adult
COMPENSATION IF DECEASED PRIOR
TO JANUARY 1, 1999
For Claims where AT LEAST ONE of the Claimants is a Minor
or a Mentally Incompetent Adult
COMPENSATION IF HCV INFECTED
HEMOPHILIAC (OR PERSON WITH THALASSEMIA MAJOR) WAS CO-INFECTED
WITH HIV AND DIED PRIOR TO JANUARY 1, 1999
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