mrelvisburger
Junior Member
What is the name of your state (only U.S. law)? Minnesota
I contracted Hep-C in canada while receiving Canadian Red Cross blood products from December 92-March 93. I missed the first two distributions of the federal settlement in Canada, and because a third distribution may not be funded, I have decided to wait until 2010 to officially opt out of the Fed settlement. Under the terms of the canadian (Federal) settlement, I would be able to collect any Provincial settlement AND retain the right to initiate my own suit.
I am eligible for a separate provincial settlement from Quebec.
It turns out that my 'class' (The 1990-1996 group) was the victim of blood, collected in US Federal Prisons and sold to the Canadian Red Cross as having been tested. The Can Red Cross failed to test anyway, as was their responsibility. They are out of the blood distribution business in Canada, as a result. They are also initiating a huge suit against the US Feds (it was a Clinton administration initiative).
Questions: As an American, living in Minnesota, can I sue the Canadians (all concerned parties) along with the US feds?
Two, because the State of Minnesota is using State mechanisms (and serious funds) to provide my chemotherapy (currently) might it be in their interest to also sue all parties?
And three, how likely is it that a State AG will also sue on my behalf, or do I need separate counsel? My feeling is that if the State is likely to not want to help me, then I have no compelling reason to tip them off to the actionable nature of the process that led to their treating me (nor recoupment).
I'm concerned about jurisdiction, and very curious as to whether a State will be as interested as they should be in recovering expenses related to what amounts to malpractice. Thank you.
Minnesota
I contracted Hep-C in canada while receiving Canadian Red Cross blood products from December 92-March 93. I missed the first two distributions of the federal settlement in Canada, and because a third distribution may not be funded, I have decided to wait until 2010 to officially opt out of the Fed settlement. Under the terms of the canadian (Federal) settlement, I would be able to collect any Provincial settlement AND retain the right to initiate my own suit.
I am eligible for a separate provincial settlement from Quebec.
It turns out that my 'class' (The 1990-1996 group) was the victim of blood, collected in US Federal Prisons and sold to the Canadian Red Cross as having been tested. The Can Red Cross failed to test anyway, as was their responsibility. They are out of the blood distribution business in Canada, as a result. They are also initiating a huge suit against the US Feds (it was a Clinton administration initiative).
Questions: As an American, living in Minnesota, can I sue the Canadians (all concerned parties) along with the US feds?
Two, because the State of Minnesota is using State mechanisms (and serious funds) to provide my chemotherapy (currently) might it be in their interest to also sue all parties?
And three, how likely is it that a State AG will also sue on my behalf, or do I need separate counsel? My feeling is that if the State is likely to not want to help me, then I have no compelling reason to tip them off to the actionable nature of the process that led to their treating me (nor recoupment).
I'm concerned about jurisdiction, and very curious as to whether a State will be as interested as they should be in recovering expenses related to what amounts to malpractice. Thank you.
Minnesota