http://www.hcvadvocate.org/news/news...Rev-103.html#3

Red Cross Pleads Guilty, Apologizes for Tainted-Blood Scandal of 1980s

SourceURL:http://www.canada.com
Colin Perkel, Canadian Press
HAMILTON (CP) - Tens of thousands of Canadians infected with AIDS or hepatitis C got an apology from the Canadian Red Cross on Monday after the charity pleaded guilty to distributing tainted blood in exchange for dropped criminal charges.

"The Canadian Red Cross Society is deeply sorry for the injury and death caused to those who were infected . . . and for the suffering caused to families and loved ones of those who were harmed," Dr. Pierre Duplessis, the organization's secretary general, told the Ontario Superior Court in a video-taped apology as tearful victims looked on.

"We accept responsibility through our plea for having distributed harmful products to those that rely on us for their health."

The charity accepted responsibility for the deadly tainted-blood scandal of the 1980s and early 1990s and said it would pay a $5,000 fine and dedicate $1.5 million to a scholarship fund and research project aimed at reducing medical errors.

In exchange for a guilty plea under the federal Food and Drugs Act, the Crown withdrew charges of criminal negligence causing bodily harm and common nuisance.

At a news conference, Duplessis apologized again to victims, saying "blood they had trusted to give life ended up taking it away."

An emotional Mike McCarthy, spokesman for the Canadian Hemophilia Society and tireless activist for victims, welcomed the admission of wrongdoing but with little satisfaction.

"How can anyone be satisfied? Thousands of people lost their lives. Hundreds and hundreds of people are living with these fatal viruses today," McCarthy said.

"There's no great outcome here for anybody that's gone through the tainted-blood scandal."

John Plater, who contracted HIV and hemophilia from the bad blood, called the conviction a historic occasion.

"This will go down in history as the first day we got finally to the reality that there was breaking of law that led to this," said John Plater, who is also Ontario president of the Canadian Hemophilia Society.

"We (had) thought a terrible mistake had caused the worst public health disaster in this country's history and what we've heard today is: No, in fact, people broke the law."

In an agreed statement of facts, prosecutor John Ayre told the court the organization had been too slow in implementing screening for HIV and hepatitis C in blood in the 1980s.

Ayre said convicting the non-profit organization of a criminal offence and levying a large fine would cripple its ability to carry on the humanitarian relief work for which it is renowned.

"The Red Cross has now said it is sorry and responsible for its actions," Ayre told the court.

"The apology . . . is as complete as one could contemplate."

Justice James Kent accepted the plea but asked to hear from victims before issuing a sentence on June 30.

Victims will have that opportunity through a website. (www.attorneygeneral.jus.gov.on.ca/vw/blood)

The blood scandal is considered one of the worst public health disasters in Canadian history.

More than 1,000 Canadians became infected with blood-borne HIV and up to 20,000 others contracted hepatitis C after receiving tainted-blood products.

About 3,000 people had died by 1997 and the death toll has grown, although it's not clear by how many.

As part of the settlement, the Red Cross will dedicate $750,000 to a post-secondary education fund for victims and their families.

It will also give the University of Ottawa another $750,000 to set up a national research initiative aimed at preventing errors in the health-care sector.

Duplessis said none of the money will come from charitable donations.

Instead, the organization, which has already paid victims $70 million, will use its own internal funds from the sale of its blood-related assets.

The organization ended its involvement in blood distribution in 1998 following a damning public inquiry and transferred those services to the Canadian Blood Services and Hema Quebec.

The agency then used proceeds from the transfer to provide $70 million in compensation to those infected, restructured under bankruptcy protection and brought in new leadership.

Michael Edelson, lawyer for the Red Cross, said it would be unfair for anyone to focus on the proposed $5,000 fine.

"People may have a perception that it's a slap on the wrist but don't forget there's a $1.5-million initiative here which will last for many years to come (and a) previous payment of $70 million," said Edelson.

The charges were laid in November 2002 after a complex five-year investigation by the RCMP.

Several individuals, including Dr. Roger Perrault, a former director at the Red Cross, still face criminal charges.

Perrault's lawyer denied any criminal activity by his client but has asked the courts to stay the charges because Perrault is in poor health.

Plater said he could live with the Red Cross plea bargain, but added that victims would be less forgiving if deals are struck in cases yet to come before the courts.

"We'll be outraged if we see the same sort of plea-bargaining going on there," Plater said.

Victims also say they are still fighting for proper compensation.

Ottawa and the provinces announced a $1.2-billion package in 1998, but it offered benefits only to victims infected from 1986 to 1990.

Allan Rock, then health minister, said pre-1986 victims were excluded because nothing could have been done before then to prevent spread of the disease.

Several provinces including Ontario and Quebec have since extended compensation to those victims.

__________________
Mr. Jan B. Wade
Blood Management Consultant
Enhance Outcomes - Control Cost
For Information Call - 360 296-1807
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