Breaking Breast Implant Litigation News - May 2008

BREAKING NEWS UPDATE 01/22/09

The areas that will be covered in this newest update are as follows:

A		Rupture Issues
B		Deadline Reminder to Settling Late Claimants
C		Class 7 (Silicone Gel Claim fund) – Disease Cash-Out Offers
D		Deadline Reminders
E		Status of Premium Payments
F		Cure Deadline of March 2, 2009 for Certain “ANDS” Claims
G		“ACTD” Claim Criteria Released

A RUPTURE ISSUES

Many claimants have stated that they believe their Rupture Claim should have been approved. The SF-DCT has taken the position that a rupture and/or defect must be present in the operative report and/or pathology report before a Rupture Claim can be approved.

Numerous Rupture claims are being denied where the surgeon does not state that he/she has witnessed an actual rupture and/or defect, yet the implant is partially collapsed or an extraordinary amount of silicone is found outside of the implant.

In many cases, the silicone must be absorbed by sponges in order to clean up this area. Numerous Pathology reports state that a large volume of silicone is missing from the implant and/or the implant is partially collapsed. A number of these claims have been denied because an actual rupture was not detected. The Claims Board does not accept reports that state the implant has gel-bleed, which is described as small beads of silicone that have seeped through the implant and where there is no rupture. However, silicone gel-bleed cannot account for a collapsed implant or for a large volume of silicone to be missing from the implant and/or finding large amounts of silicone outside of the implant. Common sense would dictate that in order for this much silicone to be outside of the implant, the implant could only have been ruptured no matter what the claims criteria states.

If a claimant does not agree with the deficiency letter they received from the Claims Board, they have a right to file a Request for Review as it relates to the denial of their Rupture Claim. If the Request for Review is denied, a claimant can file an Error or Corrections Appeal. If this is denied, the claimant can file an Appeal to the Claims Administrator and if this is denied, their last recourse would be to file an Appeal before the Appeals Judge.

B DEADLINE REMINDER TO SETTLING LATE CLAIMANTS

The deadline for settling Late Claimants was January 21, 2009 in which to submit all claim forms. This applies only to settling Late Claimants. It does not apply to any other claimants in the Dow Corning Class Action.

If you are a settling Late Claimant in Class 5 or 6 (Dow Corning breast implant claimants) covered by the court’s Order of December 12, 2007 then you must have submitted your claim forms and documents supporting your claims for Explant, Rupture and Disease or Expedited Release by January 21, 2009.

Settling Late Claimants are not allowed to submit a claim for Disease, Rupture or Explant after January 21, 2009. All claim forms for Disease, Rupture and/or Explant must be submitted by January 21, 2009.

C CLASS 7 (SILICONE GEL CLAIM FUND) – DISEASE CASH-OUT OFFERS

A total of 7,232 claimants in Class 7 have been sent the $3,000 Disease Cash-Out Offer. Of this amount, 75% have cashed the check and accepted the payment, 15% have returned the check and asked for a full Disease review, and 10% are pending. The majority of the claimants who rejected the offer have applied for a Disease Option 1 claim. No claims in Disease Option 2 for Class 7 have yet to be reviewed. The Settlement Facility has begun issuing Notification of Status letters, however, no Class 7 Disease claims can be paid until all Disease claims have been reviewed and the one-year time deadline to cure the deficiency has expired. This will take at least another year or more to complete.

D DEADLINE REMINDERS

The following is claim submission deadlines. Please note that different deadlines apply to the Notice of Intent Claimants and Late Claimants. These deadlines mean that your claim forms and materials must be received the SF-DCT by the posted deadline. The CAC recommends that you mail all forms early enough so that they are received by the deadline listed below. If your claim form is not received by the deadline listed below, you will not be permitted to file a claim later.

	January 21, 2009	FILING DEADLINE for LATE CLAIMANTS in CLASS 5 AND 6 to submit all claim forms and supporting documents. This deadline only applies to LATE CLAIMANTS in Class 5 and 6.
	March 2, 2009	Cure Deadline for certain claimants who previously filed a claim for Atypical Neurological Disease Syndrome (ANDS) (consult the SF-DCT about your specific cure deadline)
	May 4, 2009	Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)
	July 9, 2009	Cure Deadline for certain claimants who previously filed a claim for Atypical Connective Tissue Disease (ACTD) (consult the SF-DCT about your specific cure deadline)
	June 2, 2014	Explant Claims submission deadline for timely filed claimants in Classes 5, 6.1 and 6.2 (NOTE: this deadline does NOT apply to NOI claimants or Late Claimants)
	June 3, 2019	Disease or Expedited Release Claim submission deadline for all claims in Classes 5, 6.1 and 6.2 (this deadline does NOT apply to Late Claimants)

E STATUS OF PREMIUM PAYMENTS

Premium Payments have not been authorized at this time. The CAC does not know when they will be authorized, but they are working on this issue now with the Finance Committee. The CAC understands that these are difficult economic times for many claimants, and the Premium Payment could make a significant difference to many claimants. The CAC states that they will continue to work on and prioritize this issue.

F CURE DEADLINE OF MARCH 2, 2009 FOR CERTAIN “ANDS” CLAIMS

There is a deadline of March 2, 2009 for all claimants who received a deficiency letter from the Settlement Facility for their ANDS claims. This deadline only applies to certain ANDS claimants, and all of the affected claimants should have received a notice about the deadline from the Settlement Facility. This deadline does not apply to all ANDS claims or to new claims for ANDS. Claimants can submit new ANDS claims up to the conclusion of the Settlement Plan on June 3, 2019.

G “ACTD” CLAIM CRITERIA RELEASED AND CURE DEADLINE OF JULY 9, 2009

Detailed information about Atypical Connective Tissue Disease (ACTD) claims is now available on the CAC website (www.tortcomm.org).

The Settlement Facility mailed letters to all claimants who submitted an ACTD claim or who were reviewed for an ACTD claim and who have a deficiency to notify them of their final cure deadline for the ACTD claim. If your cure deadline expired or will expire on or before July 8, 2009, your new and final cure deadline is July 9, 2009.

If you are unable to cure your deficiencies, you can file an Appeal with the Claims Administrator, or accept payment for any approved compensation level that has been awarded, or elect to accept the Expedited Release Payment.