Note: This case is settled.

Hepatitis C Tainted Bloodclass action

News And Updates

The following items are news releases relating to the Hepatitis C Tainted Blood Class Action.

2007
8-JUN-2007 The Courts of British Columbia, Alberta, Ontario and Quebec have approved the pre-1986/post-1990 Settlement Agreement that was entered into with the federal government. The decisions are on our Court Documents page. The full text of the Settlement Agreement is on our Settlement Documents page.

The settlement administration system can now be established. We are in the process of finalizing the claim forms and drafting a notice of settlement which sets out how to file a claim. It is anticipated that the claim centre will be operational before the end of the summer.

8-JUN-2007 Courts Approve Pre-1986/post-1990 Hepatitis C Settlement Agreement (24 KB)
2-JAN-2007 Legal Notice (13 KB)
2006
15-DEC-2006 We have reached an agreement with the federal government on the terms of the settlement agreement for all those infected with hepatitis C from the Canadian blood system between January 1, 1958, and December 31, 1985, and between July 2, 1990, and September 28, 1998. The settlement is national in scope with a total value of over $1 billion. To view the Settlement Agreement, please visit our Settlement Documents page.

We realize that many class members are in desperate need of financial assistance, so we are trying to move the settlement approval process forward as quickly as possible.

The agreement is based, to the extent possible, on parity with the federal share of compensation for those infected from 1986-1990 (the federal government paid 8/11ths of the 1986-1990 settlement). As was the case with the 1986-1990 settlement agreement, this agreement is designed so that those who are most sick and have suffered the most damage from their hepatitis C infection will receive the highest amounts of compensation. Hepatitis C has varying effects on the human body, and the compensation plan is structured to reflect this fact.

Class members will be paid on a present-value basis, that will provide a lump-sum payment based on an individual’s current health status, age, and the probability of disease progression. This is different from the 1986-1990 settlement, which only paid increased benefits once the disease actually progressed, requiring ongoing administration and re-application. In addition to the lump-sum payment, claimants will be eligible to apply for payment of past loss of income and loss of services. Payments will also be available to estates and surviving family members.

Eligibility criteria will be the same as in the 1986-1990 agreement, which involved the submission of appropriate medical records and evidence to document the existence of a hepatitis C infection, current health status and the source of infection. In addition, as with the 1986-1990 agreement, there are provisions in the final settlement agreement that permit alternative application measures in the absence of documented proof, such as the provision of affidavits from independent parties, in order to confirm that the infection was due to the blood supply.

The final settlement agreement includes a deduction of 8/11ths of the amount of compensation paid to class members out of the insolvency of the Red Cross (approximately $7,490 per person, regardless of health status). This compensation was not made available to the 1986-1990 Class. The amount will only be deducted from those who received payments from the Red Cross. No deduction will be applied for compensation paid by a provincial/territorial government.

Two steps remain before class members begin to receive compensation payments. The first is to seek approvals of the Courts in British Columbia, Alberta, Quebec and Ontario (representing the national class), where the class actions are filed. The second step is the creation of the administrative structure to receive and to evaluate applications.

The first part of the Court process is to seek approval of plans to notify the class of the date set for approval of the agreement in order to give class members an opportunity to attend, and to object if they so choose. The actual hearings for the Court to approve the agreement take place following the notification period. This process begins on December 15, 2006, with both parties seeking approval of the notification plan in Quebec. This will be followed shortly by similar hearings in the remaining three Courts.

15-DEC-2006 $1B Hepatitis C Compensation Agreement Completed and Now Proceeds to Courts (55 KB)
25-JUL-2006 Prime Minister Harper announces agreement to compensate pre-1986/post-1990 hepatitis C victims (54 KB)
25-JUL-2006 Address by the Prime Minister announcing compensation for Hepatitis C Victims (45 KB)
2005
18-NOV-2005 Memorandum of understanding marks progress in Hepatitis C compensation discussions (49 KB)
18-NOV-2005 Government of Canada, Memorandum of Understanding (54 KB)
2004
22-NOV-2004 Government of Canada to discuss compensation options for persons infected with hepatitis C (49 KB)
2002
21-NOV-2002 Blood victims renew call for more compensation (55 KB)
21-NOV-2002 RCMP charge six in tainted-blood scandal (50 KB)
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Lisa Porteous
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