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http://www.nationalpost.com/news/national/story.html?f=/stories/200111 30/812393.html November 30, 2001 Bad blood not fault of Red Cross: court Sarah Schmidt National Post The Canadian Red Cross Society is not liable for distributing a blood product in the 1980s that could have contained HIV, the Ontario Court of Appeal ruled yesterday. A three-judge panel unanimously overturned the lower court's decision against the Red Cross; it had found that the agency had been negligent by delaying the transition to a heat-treated blood product, which deactivates viruses, such as HIV. The lower court awarded three hemophiliac plaintiffs damages totalling more than $1.5-million, of which the federal government was ordered to pay 25%. Wayne Robb and Gray Rintoul have already died of AIDS-related complications. The third plaintiff, Christopher Le Blanc, 20, contracted HIV at the age of three. He now has AIDS, and is ill in a North Bay hospital. The principle obstacle to getting heat-treated Factor IX(F-IX), a manufactured blood factor concentrate to treat Hemophilia B, into Canada was regulatory, and the Red Cross did not impede that process, the ruling said. The plaintiffs became infected with HIV in 1985 after taking F-IX. The Court of Appeal disagreed with the trial judge's conclusion that the federal government was required to expedite the approval process for heat-treated F-IX. Kenneth Arenson, counsel for the plaintiffs, said his clients directed him yesterday to seek leave to appeal to the Supreme Court of Canada. "The whole world knows what happened with the delay of heat-treated F-IX. The three families are devastated, again. The injustice of it is just welling up in them once again." In April, the Supreme Court unanimously ruled in a similar case that the Red Cross was responsible for infecting three blood recipients with AIDS; the agency had failed to adequately screen out high-risk donors from blood banks in the early years of the epidemic, the court ruled. 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