Melfort lawyer says hepatitis C deal positive
by Tavis Newman

Canadians who contracted hepatitis C through the blood system from 1986 to 1990 are a stop closer to being compensated by the federal, provincial and territorial governments.

A settlement agreement was presented to the Superior Court of Ontario, as well as to courts in B.C. and Quebec, by counsel of the coalition of class action last week.

Bill Selnes, a Melfort lawyer, was the Saskatchewan representative for the coalition dealing with the class action.

“It’s an excellent agreement,” he said. “It provides fair compensation for thousands of infected people without having to proceed through court proceedings that would have taken several years.”

Selnes said the courts will review the agreement and supporting evidence to decide whether it is fair during approval hearings set for this August. He believes the courts will approve the agreement.

“It’s our belief and hope that the judge would not want to set aside an agreement that’s been reached,” he said, making note of the thousands of people involved in the class action.

Hepatitis C is a blood disease that causes inflammation of the liver.

If the settlement agreement is successful in the courts, 6,500 to 8,000 Canadians, including 200 people in Saskatchewan, will be eligible to receive compensation payments beginning this fall.

The settlement agreement does not do anything for Canadians infected through the blood system prior to 1986, because governments said they had no method of screening the blood system for the hepatitis C virus prior to then. People infected after 1990 are excluded because screening procedures had been put into place by then.

The cutoff date disappoints Fran Mamer of Star City whose son Scott was infected with hepatitis C from tainted blood he received in blood transfusions during the first weeks of his life, prior to 1986.

Doctors have told Scott, who will be 17 in August, that his disease is progressive and that there is no treatment for him at this time.

His mother is hopeful the settlement agreement may be extended to include people infected before 1986.

“I have a son who’s sick with hepatitis C, and, yes, I am concerned about his financial future,” she said. “He himself has stated that he does not want to be dependent on people, and I think he has every right to have some assistance other than from his parents or his friends or his family.”

Mamer sees the settlement agreement as a positive outcome for people who will be compensated by it.

“Money can never replace a life, but it probably gives a lot of people a little bit of a glimmer of hope that financially they can remain independent,” she said.

The proposed settlement agreement would provide a $1.118 billion settlement fund, plus interest, to Canadians infected with the hepatitis C virus (HCV) during the period from Jan. 1, 1986 to July 1, 1990, including Canadians with hemophilia who received infected blood or blood products during this period, as well as those individuals infected with HCV by a partner or parent who was infected during this period.

Under the agreement, class members will be paid for damages according to the level of their sickness.

Each member will receive an immediate payment of $10,000, and another $15,000 if a subsequent test show that the virus is still present. An additional $5,000 will be payable in the future.

Anyone who has received interferon or ribavirin drug therapy will be entitled to an additional immediate payment of $30,000.

Further payments will be available for class members whose hepatitis C has reached a designated criteria. Compensation will also be made for loss of income, loss of services in the home, costs of care, drug therapy, uninsured treatment and medication and out-of-pocket expenses. Compensation of $120,000 for estates of those who have died from hepatitis C will also be available. The settlement plan provides for the situation of those class members who get sicker from hepatitis C by permitting them to apply for further benefits at a later time.

Selnes said people who think they may be eligible for compensation can contact him to make sure they are registered.

There will also be a national campaign to provide information on registering directly with the plan.