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Claimants: Essential Information
: Compensation Schedule
: Level 3
Who is a Level 3 Claimant?
A class member is considered a Level 3 claimant if he
or she:
- develops non-bridging fibrosis; or
- has taken HCV Drug Therapy; or
- has met or meets a protocol for HCV Drug Therapy, even
if the therapy was not taken.
What is the compensation for a Level 3 claimant?
A Level 3 claimant has TWO options:
Level 3, Option 1:
A Level 3, Option 1 claimant can choose to receive an additional
fixed payment of $30,000. If the claimant chooses this payment,
he or she cannot claim for his or her loss of income or compensation
for loss of services in the home at this time.
- having taken HCV Drug Therapy, at the rate of $1,000 per
month of completed therapy
- uninsured HCV treatment and medication expenses
- out-of-pocket expenses such as travel, hotels, meals and
other similar expenses attributable to seeking medical advice
regarding HCV treatments
- out-of-pocket medical expenses incurred in establishing
a claim
Are there any damages which are not recoverable at Level
3, Option 1?
A Level 3, Option 1 claimant will not be compensated for:
- loss of income or services in the home
- care costs such as home nursing services
What is the Level 3, Option 1, total compensation package?
The total maximum compensation of a claimant who has reached
Level 3 under Option 1 is:
| Level 1: |
$10,000 |
|
| Level 2: |
$20,000 |
|
| Level 3: |
$30,000 |
plus $1,000 per
month of completed HCV Drug Therapy |
| Total: |
$60,000 |
plus $1,000 per
month of completed HCV Drug Therapy plus expenses as outlined
above. |
Level 3, Option 2:
A Level 3, Option 2 claimant can waive the fixed payment
of $30,000 and choose to be compensated for either his or
her loss of income OR compensation for loss of services in
the home, but not both at the same time. As with all the other
benefits, these compensation amounts are not taxable as income.
A Level 3, Option 2 claimant will also be compensated
for:
- having taken HCV Drug Therapy, at the rate of $1,000 per
month of completed therapy
- uninsured HCV treatment and medication expenses
- out-of-pocket expenses such as travel, hotels, meals and
other similar expenses attributable to seeking medical advice
regarding HCV treatments
- out-of-pocket medical expenses incurred in establishing
a claim
Are there any damages which are not recoverable at Level
3, Option 2?
A Level 3, Option 2 claimant will not be compensated for:
- care costs such as home nursing services
Note: Initially, loss of income compensation
is paid at 70% of annual loss of net income based on a maximum
gross earned income of $75,000 less income tax and less payroll
deductions. The 70% and $75,000 caps will be removed and the
difference paid, with interest, upon the courts determination
that the fund is sufficient.
Note: Loss of compensation for services
in the home is paid to a maximum of $240 per week.
What is the Level 3, Option 2, total compensation package?
The total maximum compensation of a claimant who has reached
Level 3 under Option 2 is:
| Level 1: |
$10,000 |
|
| Level 2: |
$20,000 |
|
| Level 3: |
loss
of income or loss of services in the home plus $1,000
per month of completed HCV Drug Therapy |
| Total: |
$30,000 |
and loss of income
or loss of services in the home plus $1,000 per month
of completed HCV Drug Therapy plus expenses as outlined
above. |
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