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Hepatitis C - Class Actions Settlement
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IMPORTANT NOTICE

TEMPORARY MEASURES RELATED TO THE COVID-19 PANDEMIC – June 2021

The Courts have approved a protocol: to permit claimants to request an extension of time to take steps they were unable to complete after March 16, 2020 because they were adversely affected by the COVID-19 pandemic; and, to temporarily extend the time for the Administrator to render a decision on a claim or late claim subject to a Traceback under the Traceback Protocol because the COVID-19 pandemic has affected Canadian Blood Services’ operations.

To learn more about these temporary measures related to the COVID-19 pandemic approved by the Courts, review the information available here.

1986-1990 HCV TRUST FUND DECLARED FINANCIALLY SUFFICIENT – March 2021

The triennial Financial Sufficiency Assessment of the 1986-1990 HCV Trust Fund (Trust Fund) required under the Settlement Agreement was triggered on December 31, 2019.

In early 2021, the three Courts declared that the Trust Fund has sufficient assets overall to meet its long-term liabilities and has excess capital of between $197,596,000 and $203,578,000 as at December 31, 2019.

To learn more about the 2019 Financial Sufficiency Assessment and next steps, review the information available here.

HOLDBACK REMOVED FROM HCV LATE CLAIMS BENEFIT PLAN – March 2021

The 25% holdback on compensation payable under the HCV Late Claims Benefit Plan has now been removed by the Courts following the 2019 Financial Sufficiency orders made in early 2021.

To learn more about the HCV Late Claims Benefit Plan and this change, review the information available here.

COMPENSABLE HCV DRUG THERAPY AND THE COURT APPROVED PROTOCOL FOR MEDICAL EVIDENCE

The Courts ordered that direct-acting antiviral agents approved by Health Canada for HCV treatment are eligible as “Compensable HCV Drug Therapy” in only those cases where the treating physician certifies the treatment caused side effects which significantly interfere with the claimant’s activities of daily living. They also amended the Medical Evidence Protocol as it relates to Compensable HCV Drug Therapy.

To learn more about changes related to Compensable HCV Drug Therapy, review the information available here.

SEVEN SPECIAL DISTRIBUTION BENEFITS CREATED FROM 2013 EXCESS CAPITAL ALLOCATION

The Courts created seven new and/or enhanced benefits for class members from the 2013 excess capital that was available and dismissed the federal government’s application to have the 2013 excess capital paid to Canada.

To learn more about these Special Distribution Benefits approved by the Courts, review the information available here.

SPECIAL DISTRIBUTION BENEFIT CREATED FOR ALIVE CO-INFECTED HEMOPHILIACS FROM 2013 EXCESS CAPITAL ALLOCATION

Alive hemophiliacs co-infected with HIV who previously made the $50,000 election under section 4.08(2) of the Hemophiliac HCV Plan may now apply to the Administrator to receive benefits available based on current disease level which were not previously available to them under the Settlement Agreement.

To learn more about applying for this Special Distribution Benefit approved by the Courts, review the information available here.

SPECIAL DISTRIBUTION BENEFIT CREATED FOR ALIVE PERMANENTLY DISABLED DEPENDANTS FROM 2013 EXCESS CAPITAL ALLOCATION

Alive dependants of deceased HCV Infected Persons who themselves meet the criteria of being permanently disabled set out in the Court Approved Protocol may now apply to the Administrator to receive loss of services benefits for their own lifetime instead of the benefit ceasing at the natural life expectancy of the deceased.

To learn more about applying for this Special Distribution Benefit approved by the Courts, review the information available here.

ADDITIONAL INFORMATION

Copies of additional materials filed and orders granted by the Courts can be found by clicking on the link to the applicable province below, and then clicking on the applicable motion/application.

British Columbia
Ontario
Quebec

We're here to help you

In this Web site, you will find important information on key aspects of the Hepatitis C (HCV) January 1, 1986-July 1, 1990 Class Actions Settlement.  Please note that the settlement is for the benefit of two main groups:

  • Persons who were infected with HCV for the first time through blood transfusions during the period of January 1, 1986 to July 1, 1990, and certain members of their families;
    and
  • Persons with certain congenital clotting deficiencies (hemophilia) or Thalassemia Major who contracted HCV and received Blood and blood products in Canada during the period of January 1, 1986 to July 1, 1990, and certain members of their families.

Please read the information on this Web site very carefully. This will help you to determine whether you are eligible or not for compensation as a member of one of the two groups identified above. Once you have read and reviewed the information contained in this Web site, you can contact the Administrator if you have any questions or comments.

To do so, you may send an email or call toll-free at 1-877-434-0944 to leave us a confidential message which will be returned within 24-48 hours. Our business hours are 8:30 am to 4:30 pm, Eastern Time, Monday to Friday.

DID YOU KNOW?

  • A key feature of the benefits under The 1986-1990 Hepatitis C Settlement Agreement is that Approved HCV Infected Class Members are able to return for additional compensation if their Disease progresses.  For example, you may have been entitled to Level 2 compensation in the past, but if your Disease has already progressed or does progress in the future you may be approved at a higher disease level and awarded additional compensation. Please contact the Administrator for further information regarding this important feature of the Settlement Agreement.  
  • If you are an Approved Class Member you may be eligible for reimbursement for uninsured costs of HCV treatment and medications in addition to out-of-pocket expenses such as travel costs associated with seeking medical advice and treatment regarding your Hepatitis C. 
  • It is important to designate an Executor of your Estate in your Will for the continuation of your claim in the event that you may pass away.  It is also important to inform your Executor to contact the Administrator regarding your claim under the 1986-1990 Hepatitis C Settlement Agreement as compensation may be available to your family members if Hepatitis C has materially contributed to your death.  Please note that certain claim deadlines will apply to family member applications.   
  • You can add your email address to your file by emailing us at info@hepc8690.ca and we will update or add your email address to your file.  Your email address will remain strictly confidential and will not be distributed. 

Important notice!

Any person who submits a statement of claim to the Administrator containing intentionally inaccurate and/or false information in order to obtain undue benefits under the Agreement is liable to criminal and/or civil action.

 

Disclaimer

 
What's New

Coronavirus (COVID-19) Update

Given the fluidity of the coronavirus pandemic, we are closely monitoring developments. However, subject to government direction, we do not anticipate any disruptions regarding this Hepatitis C January 1, 1986 - July 1, 1990 Class Actions Settlement at this time.

While our call centre remains fully operational, recent surges in land line and cellular phone services by Canadians is saturating national service providers' networks and may cause disruption to call centre services, resulting in longer queue times. As an alternative you may wish to contact our office by email.

Please continue to monitor this website. Updates will be posted here if this pandemic adversely affects the administration of this Hepatitis C January 1, 1986 - July 1, 1990 Class Actions Settlement.


Service Update - March 19, 2020

On February 29, 2020, the Claims Administrator (Epiq) detected unauthorized activity on its systems. It was confirmed as a ransomware attack of the variant that is not known for data exfiltration.

This was not a data breach and at this time, there is no evidence of unauthorized access, transfer or misuse or exfiltration of any data in our possession.

As part of the comprehensive response plan to the ransomware, the Claims Administrator immediately took our systems offline globally, including Canada, as a preventative measure to protect your information. Always protecting your information is a critical priority.

Normal business operations have been restored as of Wednesday March 18, 2020. We thank you for your patience as we worked to restore our systems.

You may contact us by email at info@hepc8690.ca or toll-free at 1-877-434-0944.


November 18, 2019 - Epiq Class Action Services Canada Inc. - Privacy Policy

For more information about how your personal information is treated, please review our Privacy Policy.

 

 

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