FAQ: The HCV Infected Person Died
Before January 1, 1999 - DB9 Claims
The HCV Infected Person Died Before January 1, 1999 - DB9
What happens if there is disagreement
among Family Members, when the deceased died before January
If you are the Personal Representative for the Estate, you have
proof that the death of the HCV Infected Person was caused by
his/her infection with HCV, and you cannot get all Family Members
to agree to sign the GEN 21 or GEN 21M Form, you may elect the
$50,000 option for the Estate, instead of the $120,000 option.
Under the $50,000 election, the Estate receives a lump sum
payment of $50,000, coupled with reimbursement for Uninsured
Funeral Expenses to a maximum sum of $5,000. In addition,
there is compensation available for Dependant Family Members
for their loss of financial support, or for Loss of Services
in the home. Family Members may also be eligible for pre-set
amounts under the Settlement Agreement, but they must file
individual Family Member Claims.
Under the $120,000 election, Family Members receive a lump
sum joint payment of $120,000. They may also be reimbursed
for Uninsured Funeral Expenses to a maximum sum of $5,000.
Once all Family Members have made a decision, including Former
Spouses and Dependants, the election is to be indicated in
Section B, Question 3 of the GEN
21 or GEN
21M Form. The HCV Personal Representative must also sign
and date the Form in Section F in the presence of a witness.
The witness will have to sign the Form and print his or her
name in the space provided next to his or her signature.
However, in cases where Family Members are claiming the joint
lump sum payment of $72,000 under the Hemophiliac Plan, (HEMO
22 or HEMO
22M) there is no other option. The Claim cannot be processed
until every Family Member and all Dependants have agreed to
the allocation of the $72,000.
If Family Members are unable to come to an agreement under
the $120,000 or $72,000 options, they can apply to the Court
asking the judge to allocate the joint payment for Family
Index of Questions