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IMPORTANT NOTICE

1986-1990 HCV TRUST DECLARED FINANCIALLY SUFFICIENT – May 2018

The Courts have declared that, as of December 31, 2016, the 1986-1990 HCV Trust has sufficient assets to meet its long-term liabilities and has excess capital of between $173.6 million and $187.5 million. The court orders/judgment that have been issued by the three Courts are available here: Ontario, British Columbia, Quebec.

While the Courts held the 1986-1990 HCV Trust has excess assets overall as at December 31, 2016, the actuarial reviews projected a shortfall of about $16.8 million in the HCV Late Claims Benefit Account, which funds the benefits provided under the recently created HCV Late Claims Benefit Plan discussed below.

The Joint Committee intends to request that the Courts allocate some of the 2016 excess capital to fund the deficit in the HCV Late Claims Benefit Account. It also intends to request that the Courts allocate some of the remaining 2016 excess capital to fund additional benefits for class members and late claims class members. Work on the expert evidence and the motion materials required to support these additional allocation requests is underway.

The federal government may oppose these requests to allocate 2016 excess capital to class members and/or late class members and may bring its own motions to have the excess capital paid to it or allocated in a different manner.

The applications to the Courts to allocate excess capital will not be heard until sometime in 2019. A date has not yet been set as the Joint Committee is monitoring the actual success rate of claims made under the HCV Late Clams Benefit Plan as this plays an important part in determining whether the actuarial assumptions need to be revised. This website will be updated with the materials filed in the Courts when they become available and when a hearing date is known.

HCV LATE CLAIMS BENEFIT PLAN CREATED FOR LATE CLAIMANTS LAUNCHED – January 2018

The launch of the new $40 million HCV Late Claims Benefit Plan was announced through a successful national television, public relations and social media campaign begun in January 2018.

Persons infected with the Hepatitis C virus from blood or blood products received between January 1, 1986 to July 1, 1990 who did not make a claim prior to the June 30, 2010 deadline under the existing plans and do not meet certain exceptions to that deadline can apply now to receive benefits under the new plan.

To learn more about the HCV Late Claims Benefit Plan, review the information found here.

AMENDED COURT APPROVED PROTOCOLS – January 2018


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.

SPECIAL DISTRIBUTION BENEFITS CREATED FOR ALIVE CO-INFECTED HEMOPHILIACS – December 2017

Alive hemophiliacs co-infected with HIV who made the $50,000 election under section 4.08(2) of the Hemophiliac HCV Plan can now apply to the Administrator to receive all benefits to which they may be entitled under the Settlement Agreement.

To learn more about applying for this special distribution benefit approved by the Courts as a distribution from 2013 excess capital, review the information found here.

SPECIAL DISTRIBUTION BENEFITS CREATED FOR ALIVE PERMANENTLY DISABLED DEPENDANTS – December 2017

Alive permanently disabled dependants of a deceased Approved HCV Infected Person can now apply to the Administrator to receive loss of services benefits for their lifetime instead of the benefit ceasing at the natural life expectancy of the Approved HCV Infected Person.

To learn more about applying for this special distribution benefit approved by the Courts as a distribution from 2013 excess capital, review the information found here

COMPENSABLE HCV DRUG THERAPY AND THE COURT APPROVED PROTOCOL FOR MEDICAL EVIDENCE – December 2017

The Joint Committee’s motion/application requesting that direct-acting antiviral agents (“DAA”) approved by Health Canada be eligible as “Compensable HCV Drug Therapy” under limited circumstances where there are significant side effects and requesting corresponding changes to the Medical Evidence Protocol was adjourned on consent of the parties. Additional information will be posted on this website when the motion is to proceed.

EXCESS CAPITAL ALLOCATED TO CREATE SPECIAL DISTRIBUTION BENEFITS - August 2016

Orders issued in each of the three jurisdictions declaring that, as of December 31, 2013, the HCV fund has sufficient assets to meet its long-term liabilities and has excess capital of $206,920,000.

The Courts approved, with some modifications, seven of the nine recommendations made by the Joint Committee on how to allocate the 2013 excess capital 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 as distributions from 2013 excess capital, review the information found here.

The Administrator has automatically issued retroactive payments for these special distribution benefits where it could do so. Unfortunately, the Administrator could not make payments where it 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 or to verify your entitlement for these Special distribution benefits, please contact the Administrator to ensure it has accurate contact information. Efforts will continue to locate all entitled recipients.

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 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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