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Claimants: Additional Information : The Traceback Procedure

The Traceback Procedure

What Is It? (top)

Pursuant to Sections 3.03 and 3.04 of the Transfused HCV Plan (Schedule A), any person making a claim under the Transfused HCV Plan is required to consent to a Traceback Procedure. In accordance with Section 3.04 of the Transfused HCV Plan, a Traceback Protocol was approved by the Courts on August 18, 2000 and amended on February 6, 2001 on the recommendation of the Joint Committee.

The Traceback Procedure involves several steps:

  1. Applying tables devised by a Court-appointed medical expert to determine whether a traceback procedure is required.  These tables take into account the person's age, sex, number of units received, and prior transfusion history.
  2. Searching existing donor information records of the Canadian Blood Services and Héma-Québec to ascertain whether the donors of the blood you received have tested positive for the HCV antibody.
  3. Where information is not available, contacting the donors to have them tested to see if they were the source of the infection.

There are a number of factors that may affect the length of time required to complete a traceback procedure:

  • Number of units transfused to the claimant
  • Date of transfusion
  • Whether or not donors have come back to donate after June 1990
  • Location of donors who have not come back after June 1990
  • Willingness of donors to come in for testing

Why is it Necessary? (top)

The Traceback Procedure ensures that only persons infected by Blood transfusion received between January 1, 1986 and July 1, 1990, receive benefits under the 1986-1990 Hepatitis C Settlement Agreement.

When Will the Traceback Procedure Be Completed? (top)

Barring exceptional circumstances, the Administrator has a maximum of 6 months from the date the claim submission is complete to complete the traceback procedure, failing which the claim will be approved for payment.  A claim submission is complete once the requirements of Sections 3.01(1)(a) and (b) of the Transfused Plan and Forms TRAN 4 and 5 are met.

Who Performs Traceback Procedures?

The Administrator upon receipt of your claim submission or you and your Physician may initiate Traceback Procedures.  The traceback procedure is performed by Canadian Blood Services (“CBS”) or Héma-Québec (for transfusions that took place in the province of Québec). CBS and Héma-Québec are committed to assist potential class members to receive compensation in a timely way.

  • Canadian Blood Services (CBS)
    CBS is a national, independent, non-profit, charitable organization whose sole mission is to manage the blood supply for Canadians.
  • Héma-Québec
    Héma-Québec has a mission to provide Quebeckers with sufficient quantities of blood components, derivatives, and substitutes.

Please Note! We advise you not to contact CBS or Héma-Québec in relation to your Traceback procedure, as this will not impact the way any specific case is prioritized.

CBS Traceback Program

CBS has set up an internal program, the Litigation Notification Program (LNP) solely for the purpose of conducting tracebacks requested by the Administrator appointed to administer the 86-90 Hepatitis C Class Action Settlement. CBS conducts these tracebacks on an expedited basis in accordance with the Court approved Traceback Protocol.

The core process by which CBS conducts a traceback investigation is the same whether the case is an LNP case or not. This core process must comply with regulatory guidelines and is subject to audit by Health Canada. An LNP traceback is simply a truncated form of a traditional traceback investigation in the sense that CBS investigates only those units which it is requested to investigate by the Administrator. For example, in a case where there are no pre-class transfusions, CBS will stop the LNP traceback investigation upon identifying one (1) positive donor (who is associated with the class period transfusion). The traceback investigation will then be transferred to CBS` regular traceback program for completion.

CBS` LNP traceback Coordinator receives all traceback requests from the Administrator and directs the requests to the appropriate Blood Centre, which is then responsible for conducting the traceback investigation.

How to Read Unit Numbers

Claimants may notice, on occasion, that their unit numbers as set out in the hospital reports differ slightly from those set out in the hospital records. An example of how they differ is as follows:

Hospital Record Unit Numbers Hospital Report Unit Numbers
(6) 281976
048294 - 4		 281976
048294

 

The additional number enclosed in brackets at the beginning of the Hospital Record Unit Number in the first example and after the hyphen at the end of the Hospital Record Unit Number in the second example is a "check-digit".The check-digit allows CBS to verify the unit number. Health care practitioners and blood bank technicians need not document the check-digit of transfused products. Except for the check digit, the unit numbers are the same and are treated as such by CBS.

Hospital Record Confirmation

In cases where the Administrator has initiated the traceback procedure, CBS may, if necessary have to confirm transfusion records with the hospital.  CBS will notify the Administrator when confirmation of the transfusion records is received.  It is standard operating procedure for Héma-Québec to confirm all transfusion records prior to undertaking the traceback procedure. 

Hospital confirmation is normally required as a result of one or more of the following: 

  • Transfusion records that were submitted do not clearly indicate the HCV Infected Person’s identity; i.e. his or her name and  date of birth.   Confirmation is required to determine that the units provided by the claimant were indeed transfused to the HCV Infected Person and not another individual and/or;
  • Transfusion records submitted are illegible.  The hospital will be asked to provide another copy of the record and/or;
  • Transfusion records submitted fail to confirm that the units that were cross-matched were transfused to the HCV Infected Person.  The hospital must confirm that the cross-matched units were transfused before a traceback procedure will be undertaken and/or;
  • Transfusion records submitted are incomplete.  There is evidence that the HCV Infected Person had transfusion events that were not included in the claim submission.  The hospital must confirm that the transfusion event did occur.  If the transfusion event did occur, copies of transfusion records will have to be forwarded by the hospital to CBS or Héma-Québec.

Results of the Traceback Procedure (top)

  • Pursuant to Section 3.04(1) of the Transfused HCV Plan (Schedule A), if any donor of blood received by a claimant before 1986 tests positive, the Administrator shall not, at that point, approve the claim. 
  • The Plan also provides that if all the donors of the blood received by a claimant between January 1, 1986 and July 1, 1990 test negative, the Administrator shall not approve the claim.  

Examples of Cases

The following examples are illustrations of possible traceback procedure results:

Transfusions Received by the HCV Infected Person during the CLASS PERIOD ONLY

Claim is Approved

If a donor is tested positive, the traceback procedure will stop and the Administrator will accept the claim as directed under the Traceback Protocol.  The claim must otherwise be complete and meet the approval criteria of the Settlement Agreement.

Claim Must Be Denied

If all donors have been tested and they all tested negative for HCV, the Administrator must reject the claim as directed under the Traceback Protocol.

Transfusions Received by the HCV Infected Person during BOTH the "Pre-Class Period" and "Class Period"

Claim is Approved

If all donors of the blood received by the HCV Infected Person during the "pre-class period" are negative and one donor of the blood received during the "class period" is positive, the Administrator will accept the claim, as directed by the Traceback Protocol.  The claim must otherwise be complete and meet the approval criteria of the Settlement Agreement.

Claim Must Be Denied

If a donor of blood received by the HCV Infected Person during the pre-class period is tested positive, the traceback procedure will stop and the Administrator must reject the claim, as directed by the Traceback Protocol.

Rejection of a Claim - Appeals

The Administrator may determine that your claim must be rejected based upon the traceback procedure result.  The Administrator will mail a letter about this determination to you and further advise that you have the opportunity to elect to provide further evidence of first infection by a blood transfusion during the class period by returning the “election page” attached to the letter.  The “election page” must be returned within 30 days after receipt of the letter.  You must then provide, within the following 6 months your further evidence of first infection by a blood transfusion during the class period.

If, after the Administrator has considered the further evidence of first infection by a blood transfusion during the class period, your claim is denied, you may then submit all of the evidence to an independent arbitrator or referee for determination.

 

 

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