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Chapter Nine
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Compensation
What Happens to Us?
Information re: Class Action Suits - British ColumbiaCompensation to date: The Run Around
Information re: Class Action Suits - British Columbia
ADMINISTRATOR
To receive a compensation claims form package, please call the Administrator at 1(888) 726-2656 or 1 (877) 434-0944. www.hepc8690.com info@hepc8690.com
New TOLL FREE Number
1.877.434.0944
- Distribution of Claim Forms from www.campchurch.com
-
- Camp Church & Associates
- Sharon Matthews or Kim Graham
- 4th floor - Randall Bldg.
- Vancouver BC V6B 1Z5
- 1-888-236-7797
- Grant Kovacs Norell
- Bruce Lemer
- Grosvenor Building
- West Georgia Street
- Vancouver BC V6E 4H1
- Office: (604) 609-6699
- Fax: (604) 609-6688
Before August 1, 1986
- Klein Lyons
- David A. Klein
- Ste 1100-1333 West Broadway
- Vancouver BC V6H4C1
- Office: (604) 874-7171 or 1-800-468-4466
- Fax: (604) 874-7180
Toll Free Number to get you in touch with the Hepatitis C Counsel is 1-800-229-5323
Nation Compensation Hotline is 1-888-726-2656
**if you would like more information about class action/compensation you can :
Ron Thiel at (250) 652-0608 or via e-mail at: thielron@pacificcoast.net
Trace Back Procedures
- Inquiries - this information is for anyone who has received blood transfusions in Canada, if they wish to find out if their donors were Hep C positive :
If you have any troubles with this procedure, please call Leslie Gibbenhuck at 250.490.9054 or Fax: 250.490.0620 Email: bchepc@telus.net
The Canadian Red Cross Society, 4750 Oak Street, Vancouver BC V6H 2N9
1-888-332-5663 Local 207
A little helpful information: if you go to the hospital where you had the transfusions and they say that their 'medical records' department has no record of the transfusion - ask to speak to the 'hematology department'. They apparently have records that are different from the ones kept in medical records and you can often find the information you are looking for from the hematology dept.(you are looking for dates and blood bag numbers). You will be required to fill out forms under the "Freedom of Information" act and the hospital cannot charge you (in British Columbia at least) for the provision of the information. If the hospital tells you the records have been destroyed ask them for a letter stating the date and the reason for the destruction of same.
Thursday, December 9, 1999 - Evening Support Group - Vancouver - Guest Speaker: David Klein of Klein, Lyons who represents the pre '86 post '90 group.
Disclaimer: Please note that I took these notes in rapid succession at the meeting and I trust that I have all the information down correctly. If you have any questions about the content and want to verify anything please get in touch with Lisa Porteous at David Kleins' office (604) 874-7171 or e- mail Lisa at lporteous@kleinlyons.com
There are 3 different groups that are ongoing on a simultaneous basis:
January 1, 1986 - July 1, 1990 - this is commonly known as the
"Endean" class action and has been certified in BC - Ontario and
Quebec - also the Hemophiliac Group in included and has also been certified in
all three provinces mentioned above - the govt. promised $ 1.2 Billion in
compensation for this class action - no monies have been paid out to date - and
the appeal time has now expired. The settlement is now final and will go
ahead. The necessary forms required by the govt. prior to payouts
have not been finalized but should be done and out in the mail to recipients
within the next couple of weeks. The hope is that the first cheques will
be in the mail late February or early March, 2000. The govt. has
filed an objection to the lawyer's fees.
Pre '86 - Post '90 - commonly known as the "Ted Killow" class action. Note: This is the only pre '86 - post '90 class action that has been certified and that has been done both before the provincial and federal governments. The federal govt. has provided the lists of documents required by Klein, Lyons on behalf of the class action but to date, BC has not provided these documents. The law firm will cite contempt against BC for failure to produce the documents and negligence in fulfilling their duties. I understand this was to have been heard in court on Dec. 9 and 10 but has now been postponed. No new date set at the time of our meeting. The class actions in Ontario and Quebec for this period of time have still not certified.
Red Cross Insolvency Hearings - it appears that there will be approx. 60
- 70 million dollars left after the Red Cross pays all of their creditors -
these remaining monies will go into a trust fund - the Red Cross is also trying
to get their insurers to contribute to the trust fund. There are about
4000 infected registered across Canada with regard to voting on the outcome of
the monies. You can still file a claim against the trust if you have not
yet registered but you will have no vote. It appears that there may be
about 1000 out of the 4000 that were IDU (Intravenous drug users) and they will
not get any money. The final tally of persons who could expect monies
from the Red Cross trust (only pre'86 - post '90 group) could be about 5000
persons sharing anywhere from 60 to 80 million dollars - the structure of the
payout has not yet been set but it will probably be on some type of sliding
scale. I understood from the meeting that the Red Cross plaintiffs will
only be paid out if and when the "Killow" action is settled.
David Klein has about 780 tainted blood clients at this time - 190 of which fall into the January 1, 1986 to July 1, 1990 group - 150 of which have proved they contracted Hep C through blood transfusions.
Klein Lyons has an agreement with 110 hospitals throughout BC that as of one year ago - they will no longer destroy any records they still have until the Hep C suits have been settled.
Children's Hosp. and also VGH has many of the records from the old Shaugnessy site. Also many hospitals have a separate blood division and they may have records on microfiche that will not show up in the regular hospital records - it is another avenue to pursue if you are trying to prove you received blood transfusions.
There is also a Post '90 group - there is no class action slated for this group in BC and the number of people affected is very small.
Darlene Nicolaas
Co-Chair - HepC - VSG ( Vancouver Support Group)
When one considers the effects, constraints, and ramifications that HepC inflicts on its victims and their families the need for education and understanding becomes glaringly apparent.
March 15, 2000 (3:13AM) - David Ingram Interview Notes
April 15, 2000 - additional notes for April 18.00 interview
Compensation to date: The Run Around
Source Darlene Nicolaas
Is compensation transferable: family members of a qualified HCV infected person whose death was caused by HCV - this is the key - you will have to be able to prove the death was caused by HepC - secondly - you will have to be qualified and as of Feb.25.00 no one is qualified nor is there a mechanism in place to do so. A suggestion would be to include any and all information regarding compensation in ones will and also check out the provisions of appointing a power of attorney in your province.
Call 1-888-726-2656 for the legal settlement agreement
e-mail: inf-@hepc8690.com for answers to comp questions
web site: http://www.hepc8690.com
I, personally, have spent upwards of $ 6000 from my own pocket on HepC related drugs - Rock made noises about a year ago on an enhanced care plan for people outside the compensation time but nothing has come of it.
Darlene Morrow and myself co-chair a morning support group that meets on the last Wednesday of every month at the Centre for Disease Control - 655 West 12th Ave. Vancouver, B.C. from 10:30 to 12:30. A one hour private session with the co-chairs of the group can be arranged in advance and to take place from 12:30 to 1:30 also at the CDC building.
We are a volunteer group and have just recently incorporated as a “non profit society”. We rely, at this point, strictly on donations to carry on our mandate which is support and education for all those infected and affected by HCV. We will be applying for a “charity number” from Revenue Canada but have been told this will take between 6 months and a year to get. We can be reached via our Phone-Fax # at 608-3544. Darlene Morrow, Darlene Nicolaas or Ken Winiski will return your call and answer your concerns.
March 27.1998 the two levels of government. announced a $1.2B fund for those infected between Jan.1.86 and July 1.90
March 10.99 - Red Cross plan covers those excluded by feds deal - it is thought that Allan Rock would prefer to avoid a messy court battle with the Red Cross, since it could air new information about government involvement in the Tainted blood tragedy.
March 26.99 - Red Cross proposal aimed at persons infected from 1986 to 1990. Class action lawyers have spent months talking about how to allocate the funds but no money has been given out. Details of the proposal will be announced next week as part of a restructuring plan which must be delivered to the Ontario Court by Wednesday. The agency has about $65M in three accounts that are frozen while it remains under court protection. To the best of my knowledge - today - March 16.00 it is still under court protection and has been since July 20, 1998. According to the Canadian Press on March 27, 2000 the society’s compensation package was to be made public on April 10,2000. To qualify for the Red Cross offer, victims would have to waive their right to sue the agency. Many victims feel they would be better off going to court. They feel the Red Cross should survive but not on the backs of the tainted blood victims. The offer would likely provide about $ 3000 to each person - barely enough to bury you. The compensation package must be submitted to victims to be voted on - if it is rejected claimants will likely proceed with damage claims in the billions of dollars.