A) MDL-926 TO CLOSE FOR GOOD ON DECEMBER 15, 2010

C) PREMIUM PAYMENTS

D) STATUS OF CATEGORY 7 CLAIMS

A) MDL-926 TO CLOSE FOR GOOD ON DECEMBER 15, 2010

Our office has been receiving panicky phone calls and email messages from claimants who have registered in the MDL-926 Class Action and want to know if there is still enough time to file a disease claim in the MDL-926 Class Action. Many of the claimants were “Current Claimants” who received a Five Thousand One Hundred Advance Payment, and could have made a disease claim under the easier to qualify for Fixed Amount Benefit Schedule (settlement range from $10,000.00 to $50,000.00) or the higher paying, harder to qualify, Long Term Benefit Schedule (settlement range from $75,000.00 to $250,000.00). Unless the claimant is asymptomatic, Current Claimants are the only class of claimants permitted to make a claim under the Fixed Amount Benefit Schedule.

After being open for almost Fifteen years, the MDL-926 is closing for good. Any claimants who has an implant made by the companies participating in the MDL-926 Class Action, “has” to submit any and all claims they have to the MDL-926 Claims Office by December 15, 2010. No new claims will be accepted by the MDL-926 Claims Office for the Revised Settlement Program after this date.

If you are a Current Claimant, Other Registrant or Late Registrant, and have not filed a disease claim, the chances of receiving a recovery are very slim, due to the fast approaching deadline date of December 15, 2010. Late Registrants, who are claimants who did not file a Timely claim in the RSP may still register with the MDL-926 Claims Office by December 15, 2010. Late Registrants must have proof of their implant brand, and will be paid benefits only pursuant to the Long Term Benefit Schedule to the extent  funds are available under the funding obligations of Bristol, Baxter and 3M.

If a claimant has previously filed a Disease Claim and has received a “deficiency notice” before the deadline date, they can file new documents to cure the deficiency, as long as the documents are filed before December 15, 2010.

If a claimant files a Disease Claim before December 15, 2010 and receives a “deficiency” notice after December 15, 2010, they may be granted additional time to cure the deficiency. I do not know how much time these claimants will have to cure their deficiency as the MDL-926 Claims’ Board may review each such claim on a case to case basis.

The proper paperwork to receive Explantation Benefits ($3,000.00) for Current Claimants and Other Registrants must be filed by December 15, 2010. Post 84 McGhan claimants are eligible to apply only for a Long Term Disease. No explant and rupture claims will be paid after December 15, 2010.

For further information please call the MDL-926 Claims Board at (800) 600-0311. You can also review their website http://www.claimsoffice-926.com/

B) UPDATES ON THE THREE  LETTERS SENT BY THE SF-DCT

The SF-DCT has sent out mailings to three groups of claimants. The First Mailing was sent to approximately 7,000 unrepresented claimants who have already sent in acceptable proof that they had a Dow Corning breast implant, but who have not filed a disease or Expedited Release claim ($2,000.00). This letter is to notify the claimant they are eligible to file such a claim up to June 3, 2019.

If you would like the Law Office of Stephen M. Frailich to assist you with your claim, or represent your legal interests in pursuing a disease claim, please feel free to contact our office directly at (818)223-9064 or go onto our web sites www.breastimplanylawyers.com or www.breastimplantlawyers.com and fill out the Contact Form. It is important for these claimants, who are unrepresented by an attorney, to know what your full rights are when making a Disease Claim or Expedited Release Claim.

The Second Mailing was sent to attorneys who represent 10 clients or less, who have acceptable proof of receiving a Dow Corning implant, but have not filed a Disease Claim or Expedited Release claim.

If you are unsure what your status is, or have questions on what work is being performed on your behalf, I strongly recommend you call your attorney and ask him/her what the status of your claim is. If you are not happy with the answers you received from your attorney, I would ask for a copy of your file from your attorney. You should never have to guess what your legal rights are. That is why you retained the services of an attorney in the first place.

The Third Mailing is where the SF-DCT sent out a letter to 22,100 unrepresented and represented claimants who listed a Dow Corning implant on their MDL-926 claims forms, but who have never submitted any documents to the SF-DCT. The letter informed claimants if they have documents showing that they did or do have a Dow Corning breast implant, they should file the Proof of Manufacturer form with the SD-DCT. You can obtain this form by going onto the Claimant Advisory Committee web site and downloading this form. Our office can also provide you this form free of charge.

This letter was sent October 8, 2010. If you received this letter and do not have proof you received a Dow Corning breast implant, please contact the SF-DCT and inform them of this information. If you do have proof of a Dow Corning implant, the SF-DCT urges you to submit this documentation as soon as possible.  The deadline for filing a claim for benefits is June 3, 2019.

On December 2, 2010, the SF-DCT will be sending letters to 11,200 unrepresented claimants and to 2,425 attorneys who represent 28,500 clients who received either a Rupture and/or Disease Payment in Class 5, 6.1 or 6/2 as of June 2010. This letter is seeking a confirmation of the claimants current address so that preparations can be made by the SF-DCT to issue Premium Payments (to be discussed in this update) when they are ultimately recommended and approved by the Court. This letter requests the claimant to respond by February 15, 2011. If you receive this letter, and do not respond in a timely fashion, according to the CAC, there is a strong chance that your Premium Payment may be delayed.

C) PREMIUM PAYMENTS

I have more claimants ask me about the status of Premium Payments and when they are going to be paid. As reported in one of my earlier Updates, the CAC met with the Finance Committee this fall, and The Finance Committee has decided that the Premium Payments should not be paid at this time. The Finance Committee also stated they have postponed the decision and recommend a schedule be set to review the data and uncertainties so they can report this information to the Court by June 15, 2011.

Some of the uncertainties brought up by the Finance Committee include what impact the closing of the MDL-926 Settlement Fund on December 15, 2010 might have on the Dow Corning Settlement Fund.

 In particular, there are also two pending appeals before the Court of Appeals. One appeal relates to the proper definition of Disability Level A and whether tissue expanders should be treated as “breast implants” under the Dow Plan;

There is a motion pending before the District Court Judge on whether claimants, not Dow Corning, get the benefit of interest earned on the Initial Payment.

The CAC strongly disagrees with the Finance Committee’s decision. Their position is that the analysis of data from the settlement and the MDL-926 Settlement clearly show that the Dow Corning has adequate funds to pay Premium Payments now and that they will be sufficient funds that will be available to make Base Payments in the future.

D) STATUS OF CATEGORY 7 CLAIMS

The SF-DCT has completed its review of all Class 7 (Silicone Gel Material Claims) disease claims and Notification of Status letters have been mailed. The CAC has informed us that very few claimants in Class 7 who have a deficiency in their claim, have responded by sending in medical records that addresses the deficiency. If you would like to speak to a representative of our office to better understand what you need to do to fix the deficiencies in your claim submission, please feel free to contact our office or contact the SD-DCT toll free at 1-866-874-6099.

IF YOU HAVE FILED A DISEASE CLAIM AND RECEIVED A DEFICIENCY NOTICE WITH A CURE DEADLINE DATE, YOU MUST CURE THIS DEFICIENCY BEFORE THE CURE DATE, OR YOU WILL BE PRECLUDED FROM RECEIVING COMPENSATION FOR THAT DISEASE.

If you are precluded from receiving compensation for the disease you filed for because the cure deadline has expired, you can only make a future disease claim in the future for different disease, where  the symptoms manifested itself  “after” the date the cure deadline expired.

According to the SF-DCT, in the example provided above, when making a new claim for a new disease, you cannot use any symptoms from your initial disease. This makes it very difficult to prevail on making a new claim for a new disease, after your cure deadline has expired.