As you know, the reason claimants cannot get paid at the present time while the Nevadans' Appeal before the Sixth Circuit Court of Appeals is still pending, is because Dow Corning and Dow Chemical's insistence they will not allow the bankruptcy settlement and Plan to go forward so long as "any" Appeal of the release of Dow Chemical from liability is pending.
Recently, attorney Geoff White who is representing the 48 Nevadan claimants, has stated that his clients would agree to abandon their Appeal, provided that their bankruptcy fees are paid from another fund. Dow Corning and Dow Chemical and the Tort Claimants' Committee have refused to negotiate the resolution the Appeal.
This sum, for the bankruptcy work that was performed over the years to support their principle, is slightly less than $400,000. Mr. White has stated that once a trust fund is established that will pay off a lien that will be assessed against the Nevadans settlement recoveries when and if their cases are settled, they will agree to dismiss their appeal.
The Tort Claimants Committee (Ralph Knowles) has responded and has stated that in his opinion no money can or should be paid out of the limited fund for claimants to help pay these fees. The TCC position is that it would not be wise to just pay the $400,000 demand from the $2.35 billion fund for claims, since it could not do that. The TCC feels there is no provision in the Dow Plan that would allow such a payment. Mr. Knowles states it simply cannot and should not happen.
At the present time there is a considerable amount of animosity between the offices of Geoff White and the TCC, and the responses that have gone back and forth have become very personal in nature. It is obvious that there will be no negotiation between their respective offices. Since the party who loses the appeal to the Sixth Circuit, will ultimately appeal to the US Supreme Court, in such an event, the Dow Plan will not start at the soonest until the end of 2005 or early 2006.
In the event that the Nevadan claimants win their appeal, the Dow Plan could come to a grinding halt as this would mean that these claimants could now sue Dow Chemical, and this could force Dow Corning to reassess their position in the Class Action. This could result in the Dow Plan collapsing. I do not want to see that happen. That is why I have decided to become proactive and have become involved in this matter, in the hopes that I can assist in having Geoff White's appeal dismissed ASAP so the Dow Plan can start this summer.
The Good News……. I have been in contact with the Law Firm of Richardson, Patrick, Westbrook & Brickman in South Carolina. Their law firm has opened up a trust account to accept payments solely from attorneys to pay the $400,000 to Geoff White's firm, so the appeal can be dismissed. Said law firm imposed a February 21, 2004, deadline in which to receive the required funds.
The Bad News……….Pursuant to my conversation with Attorney H. Blair Hahn, who is in charge of this trust fund, only $50,000 has been received in this trust fund. At this rate, it appears likely that the $400,000 will not be raised by the February 21st deadline, and the trust account will be closed and refunds will be made.
The Good News……...Pursuant to several conversations and emails with Attorney Hahn, I was able to persuade him to allow contributions from anyone (including claimants) and to suspend the deadline of February 21, 2004.
The Good News………I was also able to persuade Attorney Hahn to accept all contributions, no matter how small, with the agreed upon stipulation that if the $400,000 is not successfully raised, refunds would be made to everyone, regardless of the amount of the contribution. Attorney Hahn will also provide to me once a week the balance in this trust account, which I will then have published on my three web sites.
Although I am personally against the idea of claimants having to pay any money towards this goal of $400,000, I am also shocked, disappointed and especially embarrassed that my colleagues could not be united enough to raise this money. However, with that said, I see this as a GOLDEN OPPORTUNITY for claimants to take destiny into their own hands and resolve this sorted mess which the courts, judges, attorneys, Tort Claimant Committee and Dow Corning cannot do on their own.
The choices are (1) to let this trust account close on February 21st because of under funding, which will guarantee that the Dow Class Action will not start until the earliest at the end of 2005 or (2) take this fight to the public and let the claimants decide their own future and raise this money, which would result in the Dow Class Action starting to paying benefits this year.
I am actively involved in trying to arrange to get this message broadcast to the public at large and to the estimated 500,000 claimants through the mainstream media. I am using my own resources in other areas in getting this message published. If claimants would be willing to make contributions in mass, even as small as $10.00 with the guarantee this money would be refunded if the $400,000 is not raised, I feel confident the $400,000 can and "will" be raised.
The Possibly Great News………If the $400,000 is raised, the appeal will be dismissed, and the long wait will be over. I have spoken several times recently with Attorney Geoff White who has stated he will dismiss his appeal once he receives this money.
Please note that I will refrain from this point on from engaging in any discussions about the merits of any of the positions taken in the proceedings. My goal is to simply provide a way to obtain the dismissal of the Nevada appellants' appeal, so the Dow Class Action can start paying benefits this year.
I urge each and every claimant to make a check payable to: "Breast Implant Escrow Account" and send the check to the Law Offices of Richardson, Patrick, Westbrook & Brickman at 1037 Chuck Dawley Boulevard, Building A, Mt. Pleasant, South Carolina 29464. This account has been opened at Wachovia Bank, N.A. at 177 Meeting Street, Charleston, South Carolina 29401. The account number is :2000017589428.
Although I know times are extremely tough and money is scarce, please jump on this opportunity and join together to get this money raised, so others do not control your destiny. If everyone makes a small contribution, no matter how small, this money "WILL BE RAISED!!!!."
*** As of 3/20/04, there is $330,000 in the Escrow Account, from cash and pledges. Read More...
*** As of 3/12/04, there is $300,000 in the Escrow Account, from cash and pledges.
*** As of 3/1/04, there is $281,550 in the Escrow Account, from cash and pledges.
** On February 9, 2004, there was $30,000 plus $20,000 in pledges in the Escrow Account. As of February 18, 2004, there was $65,000 in the Escrow Account.
