BREAKING NEWS UPDATE 06/12/09
The areas that will be covered in this newest update are as
Court Rules in Favor of the Claimant Advisory
Committee on “Disability A” Motion.
June 10, 2009, the Court entered an Order ruling
in favor of the CAC on the pending motion
interpreting the “Disability A” dispute.
Previously, the SF-DCT interpretation of a Level
A claim (complete disability) would be the
claimant would have to be disabled in the area
of “vocation” AND “self care. The CAC pursued a
motion before Judge Hood, taking the position
that a claimant who filed a Level A claim
(complete disability) stating that a claimant
must document their Level A disability in the
area of “vocation” OR “self care”, which is a
much easier standard in which to prevail on a
Level A claim.
SF-DCT will now identify claimants whose claims
are affected this ruling, and will notify these
claimants if they now qualify for Level A
payments. It is not known whether Dow Corning
will appeal this ruling.
IF YOU HAD A DOCTORS REPORT THAT WAS SUBMITTED
AT A LEVEL “A”, AND YOUR CLAIM WAS DENIED AND
YOU ACCEPTED A LEVEL B OR LEVEL C SETTLEMENT,
PLEASE FEEL FREE TO CONTACT MY OFFICE FOR A FREE
EVALUTION OF YOUR CLAIM, TO SEE IF YOU WOULD
QUALIFY FOR A LEVEL A, WHICH IS A $50,000.00
CONTACTING OUR OFFICE FORE THE MDL-926 (RSP)
Our office has been receiving
constant phone calls requesting our
representation for their claims which have been
unresolved in the MDL-926 Class Action. Many of
these claimants, who are “Current Claimants”,
have a valid rupture claim, which will essential
double their disease claim settlement.
However, unlike the Dow Corning
Class Action, the rupture claim will not be paid
until the Disease Claim is resolved. Most
claimants are confused as to what their rights
are, and have given up on their claim, because
they are so frustrated after waiting for their
claim to be settled since 1994. To make matters
worse, the MDL-926 Class Action will be ending
HAVE AN UNRESOLVED CLAIM, FEEL FREE TO CONTACT
OUR OFFICE FOR A FREE EVALUATION OF THE STATUS
OF YOUR CLAIM. WE WILL PROVIDE YOU WITH AN
ANSWER, ONE WAY OR THE OTHER.
STATUS OF DISEASE CLAIMS PROCESSING
For Disease Option
One (settlement range from $10,000.00 to
$50,000.00) claims, the Claims Administer
reports that there is approximately a 3-4 month
backlog to review new Disease Option One claims.
The backlog for re-reviews of RAI’s, which is
reviewing additional information sent n by
claimants to cure a deficiency) is approximately
5 or more months.
For Disease Option Two (settlement range from
$75,000.00 to $250,000.00) claims, the Claims
Administer reports there remains a significant
backlog in reviewing new Disease Option Two,
particularly claims for GCTS and Lupus. There is
also a significant backlog of approximately 7 or
more months to conduct re-reviews in Disease
Option 2 claims.
Please be aware of the following claim
Note that different deadlines
apply to Notice of Intent (NOI) Claimants and
Late Claimants. Most of these deadlines mean
that your claim forms and material must be
received by the SF-DCT by the posted deadline.
If your claim form is not received by the
deadline, you will not be permitted to file a
July 9, 2009-Cure Deadline
for certain claimants who previously filed a
claim for ACTD.
June 2, 2014-Explant Claims
submission deadline for timely filed claimants
in Classes 5,6.1 and 6.2. This deadline does not
apply to NOI claimants or Late Claimants.
June 3, 2019-Disease or
Expedited Release Claim submission deadline for
all Classes 5, 6/1 and 6/2. This deadline does
not apply to Late Claimants.
Referrals from other Law Firms
As many claimants
know, our office is the only law firm left in
the United States that “exclusively” represents
breast implant claimants. We do not handle any
other type of class action or personal injury
We have received
quite a few requests from other Law Firm to
handle their breast implant claims, as they no
longer want to handle their breast implant
claims for several different reasons. Some of
these Law Firms simply send their files to our
office for a review , without first consulting
with our office. Many of these files are large
and we have limited storage space left, so all
we ask is to contact our office FIRST before
sending any files.
Regarding Premium Payments
Assessor – who is charged with making
recommendations regarding the adequacy of assets
to make Premium Payments – issued an update for
the fourth quarter of 2008. They basically said
that they have reviewed the liabilities and
assets of the SF-DCT as of the end of the fourth
quarter of 2008 and estimates that the SF-DCT
would remain solvent. They also stated that
until patterns of filing and claims acceptance
becomes more certain, use of the current
estimate of determining whether Premium payments
can be made is premature.
If the SF-DCT is required to re-evaluate all the
Level B claims that were rejected at Level A (as
per the Court's new ruling as to the proper
definition of a Level A Option One claim), one
would have to wonder if a substantial amount of
additional payments are paid out to claimants,
would this have any bearing on when or if the
Premium Payment would be made. This is only my
opinion and not based on any facts.
The Claimant Advisory Committee, which is doing
a fantastic job representing the interest of all
class members, will continue to work with the
Finance Committee to urge them to recommend
payments of Premium Payments to the District
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