The victims of Canada’s tainted blood scandal, those involved in the 1986-1990 Hepatitis C Settlement Agreement, have won their court case against the Attorney General of Canada. The settlement claimants will now share the $207 million remaining compensation fund surplus.
Instead of being returned to the government, most of the remaining surplus will now go to: class action members who missed a deadline to access the funds, increase fixed payments already being made, increase payments to family class action members, and support dependents of deceased class members. (The National Post)
“With this ruling by Judge Paul Perell of Ontario’s Superior Court, the Pacific Hepatitis C Network is hopeful that the systemic discrimination of people affected by tainted blood, and the overall hep C community will see a more just and fair allocation of funding programs, and a more robust approach in both identifying and linking people to care and treatment now that hepatitis C is curable for most people living with it.” Daryl Luster, the Pacific Hepatitis C Network’s president.
The 1986-1990 Hepatitis C Tainted Blood Settlement Agreement
“Following widespread contamination of blood and blood products with hepatitis C virus (HCV) in the late 1980s, a settlement of the 1986‐1990 Hepatitis C Class Action was approved by the courts in Ontario, British Columbia and Quebec in 1999. The settlement created a fund paid for by the governments…This amount and the investment income generated are used to pay scheduled benefits to class members over the course of their lifetimes and to their dependents after their death depending on the severity of their illness and what losses they suffer as a result of infection with HCV.” (CHS, 20 Questions and Answers)
Troubles Accessing the Compensation
However, over the years, thousands of claimants and possible claimants have had trouble gathering the information/proof required to access the compensation. In 2009, for example, 40 percent of claims hadn’t yet been approved and less than half of the available money had been successfully claimed. This was even when 2009 was only a year before the deadline to apply for compensation. (CBC)
For more information about this settlement and court case, please contact the Canadian Hemophilia Society.