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IMPORTANT NOTICE

The decisions of Justice Perell, Justice Corriveau and Chief Justice Hinkson on the applications to allocate excess capital were released in mid-August 2016.  Each of the courts approved 7 of the 9 recommendations (with some modifications) made by the Joint Committee. Each of the Courts dismissed the federal government’s application to have the excess capital paid to Canada. A copy of the decisions can be found by clicking on the link to the applicable province below.

The recommendations approved by the Courts, known as the HCV Special Distribution Benefits, are:

·         Late claims – a fixed amount of money has been allocated to a dedicated fund for the late claims and the Joint Committee is preparing a plan for processing them and paying the eligible ones. This specific Late Claims Plan must be pre-approved by the courts. 

·        Fixed payments – Level 1, 2, 3, 5 and 6 fixed payments, the $50,000 fixed payment (1999 dollars) under the Hemophilia Plan, and fixed payments for the estates of persons who died before 1999 ($50,000, $72,000 or $120,000 in 1999 dollars) have each increased by an amount equal to 8.5% of the 2014 dollar value of these payments. 

 

·        Family Member payments – payments to children over 21 and to parents of a deceased HCV infected approved claimant have increased by $4,600 (1999 dollars)

 

·        Loss of Income (pension benefits compensation) – 10% increase subject to a maximum adjustment of $20,000 annually

 

·        Loss of Services – increase the maximum number of hours per week which may be  compensated from 20 to 22

 

·        Cost of Care – increase the maximum amount payable per year from $50,000 (1999 dollars) to $60,000 (1999 dollars)

 

·        Out of Pocket Expenses –compensation of $200 in the event a family member (or more than one family member) accompanies an HCV infected person to a HCV related medical appointment. This payment is $200 regardless of how many family members attend the appointment and is paid from August 16, 2016 (date of the last judgement approving the recommendation) and forward only. 

All of the benefits described above are retroactive (payments will be made to increase previously made payments in line with these HCV Special Distribution Benefits) except the Out of Pocket Expenses benefit.  All payments for HCV Special Distribution Benefits will be indexed to the date of payment.

NEW UPDATE

In December 2017 and January 2018, the Courts granted the Joint Committee’s recent motions/applications described below.

            A.    Late Claims

An HCV Late Claims Benefit Plan was approved to provide benefits to Late Claimants who were infected with the Hepatitis C virus from blood or blood products during the class period (January 1, 1986 to July 1, 1990) and/or their family members who:

  • did not make a claim prior to the first claim deadline of June 30, 2010; and 
  • do not meet the requirements and/or timelines for the exceptions to the June 30, 2010 deadline set out in the settlement agreement and the existing court approved protocols.

The total amount the Courts have allocated for the HCV Late Claims Benefit Plan is about $40 million.

The type and amount of benefits provided under this Plan are the same as those provided under the original Transfused HCV Plan and Hemophiliac HCV Plan (indexed to 2014 dollars) including the recently awarded HCV Special Distribution Benefits described above.  In order to ensure that there are sufficient funds to pay all eligible late claimants, 25% of compensation payable to claimants under the HCV Late Claims Benefit Plan will be held back.  The Courts will determine if and when this 25% holdback can be modified or eliminated and any heldback compensation paid out to eligible late claimants with interest.

Note:    If you are already an approved class member, you are not eligible to receive compensation under the HCV Late Claims Benefit Plan.

The Courts also approved a national Notice Campaign for the HCV Late Claims Benefit Plan, using television ads, public relations and social media campaigns to alert Late Claimants of their ability to make a claim under the HCV Late Claims Benefit Plan.  The campaign was launched on January 31, 2018.  

To learn more about the HCV Late Claims Benefit Plan, visit the website created for this campaign http://www.hepcclassaction.ca or call 1.866.353.4003, Monday to Friday, from 7 am to Midnight (EDT).  Here is a link to the  Facebook page created for the HCV Late Claims Notice Campaign https://www.facebook.com/HepCClassAction.

A copy of the HCV Late Claims Benefit Plan can be found here http://www.hepcclassaction.ca/assets/hcv-late-claims-benefit-plan-and-appendices.pdf

            B.    Alive Co-Infected Hemophiliacs

The Courts allocated $5.1 million to allow alive hemophiliacs co-infected with HIV who made the $50,000 election under section 4.08(2) of the Hemophiliac HCV Plan to apply to the Administrator to receive all benefits to which they may be entitled under the Settlement Agreement, the HCV Special Distribution Benefits listed above and any future benefits ordered.  If a co-infected hemophiliac applies for this benefit, the amounts they have received to the date of their application will be indexed to the date of their application and deducted from the amount of this Special Distribution Benefit.

If you are a co-infected hemophiliac who made this election, please contact the Administrator to discuss the additional compensation that might be available to you if you apply for this Special Distribution Benefit. 

            C.    Alive Permanently disabled dependants of an Approved HCV Infected Person

The Courts allocated $4.3 million to allow loss of services benefits to be paid for the lifetime of all alive permanently disabled dependants of an Approved HCV Infected Person instead of those payments ceasing at the natural life expectancy of the Approved HCV Infected Person.

If you are a permanently disabled dependant of an Approved HCV Infected person who has died and the loss of services benefits you received are no longer being paid to you, contact the Administrator to apply for this Special Distribution Benefit.

            D.    Amended Court Approved Protocols

The Courts amended various court approved protocols, mostly to make them apply to late claims under the proposed HCV Late Claims Benefit Plan and to address various drafting issues. Copies of the amended court approved protocols can be found in the Documents portion of this website.

            E.    Compensable HCV Drug Therapy and the Court Approved Protocol for Medical Evidence

The Courts adjourned, on consent, the Joint Committee’s motion/application requesting the courts to approve: 

    • direct-acting antiviral agents (“DAA”), that have been approved by Health Canada, as “Compensable Drug Therapy” under section 1.01 of the Transfused HCV Plan, Hemophiliac HCV Plan and HCV Late Claims Benefit Plan (Plans) where the Treating Physician certifies that the HCV infected Person suffered adverse side effects as a result of the DAA treatment. 
    • amendments to the Court Approved Protocol for Medical Evidence pertaining to Disease Level 3 to:
      • add treatment with a DAA where the Treating Physician certifies that the HCV Infected Person suffered adverse side effects as result of taking the DAA treatment; and
      • remove option D, which uses the CASL Guidelines as an option to satisfy the Disease level 3 criteria of the Medical Evidence Protocol.

If this motion is granted, a HCV Infected Person whose Treating Physician certifies that he or she suffered adverse side effects as a result of the DAA treatment would be eligible to receive $1000/month (indexed) for each completed month of treatment and would be reclassified at Disease Level 3 so that they are eligible for a payment of $30,000 (indexed) under the Plans.

Copies of the materials filed and the 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.   

Status of Payments

Between February 2 and July 24, 2017, the Administrator issued retroactive payments for the HCV Special Distribution Benefits listed above where it could do so. Unfortunately, several payments could not be made where the Administrator did not have current contact information for the recipient or the name and contact information for an executor of the estate.  If you or someone in your family has not received an expected payment, please contact the Administrator to ensure it has accurate contact information.  Efforts will continue to locate all entitled recipients.

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 us toll-free, at 1-877-434-0944. 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

March 4, 2015 – Recent HCV Diagnosis Exception to the June 30, 2010 First Claim Deadline

The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals who first learned of their infection with HCV within three (3) years prior to first having advised the Administrator of a potential claim.  To view the Court Approved Protocol, click here

 

March 4, 2015 - Issuance of Initial Claims Packages after the June 30, 2010 First Claim Deadline

The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals upon request, provided that certain conditions are met. To view the Court Approved Protocol, click here

 

May 1, 2014 – Request Form – Deficiency Deadline Extension

Should you wish to request and extension of your Deficiency Deadline, please submit a “Request Form – Deficiency Deadline Extension” setting out (a) the steps already taken to cure the deficiencies; (b) the reasons why the deficiencies have not been cured to date; and (c) the new steps you propose to take to cure the deficiencies and how long these steps will take. To view and print a “Request Form – Deficiency Deadline Extension”, click here.

 

May 1, 2014 – Deficient Claims, Claimants that Cannot be Located and Duplicate Claims

The Court has approved a protocol with regards to Deficient Claims, Claimants that Cannot be Located and Duplicate Claims. To view the Court Approved Protocol, click here.

 

Pre 1986 / Post 1990 Settlement

For further information on that settlement visit

www.pre86post90settlement.ca


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