S.3.01(2) of Transfused
HCV Plan
Table of Contents
Evidence
Of The Unavailability of Hospital Records (top)
-
In every case where it is asserted
that the hospital records of a person claimed
to be a Primarily-Infected Person have been
destroyed or are otherwise unavailable, the
claimant must provide, or the Administrator
must obtain, documentation from the hospital(s)
at which the person claimed to be a Primarily-Infected
Person is said to have been transfused confirming
that the records have been destroyed or are
otherwise unavailable, together with a consent
form signed by or on behalf of the person claimed
to be a Primarily-Infected Person authorizing
the Administrator to communicate with the hospital(s)
and make further inquiries about the availability
of records.
Evidence
Where There Are No Hospital Records Or Where Hospital
Records Are Available But Do Not Confirm Transfusion
And The Person Claimed To Be A Primarily-Infected
Person Received Notification As Part Of
A Blood Recipient Notification Program (top)
-
Where a person claimed to be a
Primarily-Infected Person has been the subject
of the British Columbia or Nova Scotia Blood
Recipient Notification Projects (“BRNPs”)
and has hospital records that do not confirm
that blood was transfused or, subject to paragraph
1, where hospital records are destroyed or unavailable,
the Administrator shall accept the following
in satisfaction of s.3.01(2) of the Transfused
HCV Plan:
- a letter from the British Columbia Ministry
of Health or the Nova Scotia Department of Health
(a “BRNP notification letter”) pertaining
to the person claimed to be a Primarily-Infected
Person in substantially similar form to those
found at Appendix “A” to this SOP
as proof of transfusion; and
- a consent form signed by or on behalf of the
person claimed to be a Primarily-Infected Person
authorizing the Administrator to obtain information
from any relevant provincial health authority
(such as BRNP) or hospital which may have information
about the unit numbers of blood transfused to
the person claimed to be a Primarily-Infected
Person and/or the dates of transfusion. If the
BRNP notification letter does not confirm that
the transfusion took place during the Class
Period, the Administrator shall make inquiries
of the relevant provincial health authority
as to the date of transfusion; and
- unless the information obtained through paragraphs
1 or 2(a) or (b) confirms that the date of the
alleged transfusion(s) was during the Class
Period, an affidavit of a person who is not
the person claimed to be a Primarily-Infected
Person or a Family Member of the person claimed
to be a Primarily-Infected Person confirming
that the person claimed to be a Primarily-Infected
Person was hospitalized during the Class Period,
and providing the following particulars:
- the month and year of the hospitalization(s);
- the reason for the hospitalization(s);
- the basis of the affiant’s personal
knowledge that the person claimed to be a
Primarily-Infected Person was hospitalized;
and
- whether or not the affiant has personal
knowledge that the person claimed to be a
Primarily-Infected Person was transfused during
the hospitalization(s), and if so, the basis
of that knowledge
For purposes of clarity, the Administrator must
be satisfied on a balance of probabilities that
the transfusion referred to in a BRNP notification
letter took place during the Class Period.
- The Administrator shall attempt to obtain from
the hospital(s) blood bank the unit numbers of
blood transfused to the person claimed to be a
Primarily-Infected Person. If the Administrator
obtains the unit numbers or some of them, the
Administrator shall apply the Court Approved Protocol
- Criteria for Traceback Procedure For Persons
Claimed to Be Primarily-Infected Persons - Transfused
HCV Plan.
Evidence Where There Are
No Hospital Records Or The Hospital Records Do Not
Confirm Transfusion And The Person Claimed To Be
A Primarily-Infected Person Did Not Receive
Notification As Part Of A Blood Recipient Notification
Program (top)
- Subject to paragraphs 1 and 6 and the following
constraints, the Administrator may accept any
evidence it deems reliable as proof on the balance
of probabilities of a transfusion during the Class
Period in satisfaction of s.3.01(2) of the Transfused
HCV Plan:
- evidence of the person claimed to be a Primarily-Infected
Person or a Family Member of the person claimed
to be a Primarily-Infected Person may not be
considered unless there is corroborating evidence
independent of the recollection of the person
claimed to be a Primarily-Infected Person or
any person who is the Family Member of a person
claimed to be a Primarily-Infected Person; and
- any evidence which is in the nature of personal
recollection must be in affidavit form and must
provide the following particulars:
- the month and year of the hospitalization(s);
- the reason for the hospitalization(s); and
- the basis of the affiant’s personal
recollection that the person claimed to be
a Primarily-Infected Person was transfused
during the hospitalization(s);
- Subject to paragraph 4, the following are examples
of the type of evidence which the Administrator
may consider:
- an affidavit of a medical practitioner or
hospital employee involved in the care of the
person claimed to be a Primarily-Infected Person
at the time of the alleged transfusions(s) who
recalls the transfusion(s);
- the opinion of a medical practitioner, who
practices in the speciality to which the person
claimed to be a Primarily-Infected Person’s
underlying medical condition belongs or specializes
in blood banking, that at the time the alleged
transfusion(s) took place, and given the nature
of the medical treatment the person claimed
to be a Primarily-Infected Person underwent
and/or the circumstances of the person claimed
to be a Primarily-Infected Person at that time,
it is more likely than not that the person claimed
to be a Primarily-Infected Person was transfused.
If such an opinion is advanced by a person who
does not have personal knowledge of the person
claimed to be a Primarily-Infected Person’s
underlying medical condition, the medical treatment
the person claimed to be a Primarily-Infected
Person underwent and the circumstances of the
person claimed to be a Primarily-Infected Person
at the time of the alleged transfusion, there
should be independent evidence of the underlying
medical condition, the medical treatment and
the circumstances of the person claimed to be
a Primarily-Infected Person at the time of the
alleged transfusion other than the recollection
of the person claimed to be a Primarily-Infected
Person or any person who is a Family Member
of the person claimed to be a Primarily-Infected
Person;
- an affidavit of a person who witnessed the
transfusion(s); or
- hospital or other medical or clinical records
which describe significant blood loss or refer
to a transfusion(s) at the time of the alleged
transfusion(s).
- The Administrator shall attempt to obtain from
the hospital(s) blood bank the unit numbers of
blood transfused to the person claimed to be a
Primarily-Infected Person. If the Administrator
obtains the unit numbers or some of them, the
Administrator shall apply the Court Approved Protocol
- Criteria for Traceback Procedure For Persons
Claimed to Be Primarily - Infected Persons - Transfused
HCV Plan.
Disclaimer
This Standard Operating Procedure is intended to
assist the reader with respect to the subject matter
and the procedures set forth in this Standard Operating
Procedure, however, in the event there is any difference
or ambiguity between this Standard Operating Procedure
and the 1986-1990 Hepatitis C Settlement Agreement
such difference or ambiguity will be governed by
and will be resolved by the terms of the 1986-1990
Hepatitis Settlement Agreement.
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