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Claimants: Essential Information : Compensation Schedule : Level 5

Who is a Level 5 Claimant?

A class member is considered a Level 5 claimant if he or she has any of the following medical conditions:

  • cirrhosis of the liver
  • unresponsive porphyria cutanea tarda which is causing significant disfigurement and disability
  • unresponsive thrombocytopenia (low platelets) which is associated with purpura or other spontaneous bleeding, or which results in excessive bleeding following trauma or a platelet count below 30X109
  • glomerulonephritis not requiring dialysis.

What is the compensation for a Level 5 claimant?

A Level 5 claimant will receive an additional fixed payment of $65,000.

A Level 5 claimant will also be compensated for:

  • either his or her loss of income or loss of services in the home
  • 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 5?

A Level 5 claimant will not be compensated for:

  • care costs such as home nursing services

What is the Level 5 total compensation package?

The total maximum compensation of a claimant who has reached Level 5 is:

Level 1: $10,000
Level 2: $20,000  
Level 3: $30,000 plus $1,000 per month of completed HCV Drug Therapy
Level 4: loss of income or loss of services in the home
Level 5: $65,000
Total: $125,000 plus $1,000 per month of completed HCV Drug Therapy plus loss of income or loss of services in the home plus care costs up to $50,000 per year plus expenses as outlined above.

Note: This assumes the class member elected the Level 3, Option 1 $30,000 fixed payment.

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