The areas that will be covered in this update are as follows:
| (a) | Approximate Response time from SFDCT to process explant, rupture and medical claims | ||
| (b) | Denial of proof claims for claimants who received Cronin implants after 1971 | ||
| (c) | Potential remedies for individuals who did not file a claim within 90 days of the June 1, 2004 deadline | ||
| (d) | Denials of rupture claims |
The following information was obtained directly from the SFDCT, and should only be used as an approximate reference guide as to the length of time it will take for the SFDCT to process claims. This information was obtained from the SFDCT as of March 2005.
TIME FRAMES FOR
PROCESSING CLAIMS
Explant Claims:
| Received | Estimated Review Time |
| Prior to 3/04 | 30 to 60 days |
| From 3/04 to 5/04 | 2 to 4 months |
| From 6/04 to 7/04 | 4 to 6 months |
| From 7/04 to 8/04 | 6 to 8 months |
| From 9/04 to 12/04 | 8 to 10 months |
| From 01/05 to 03/05 | 10 to 12 months |
Rupture Claims:
| Received | |
| Prior to 05/04 | 30 to 60 days |
| From 5/04 to 6/04 | 2 to 4 months |
| From 7/04 to 9/04 | 4 to 6 months |
| From 10/04 to 2/05 | 6 to 8 months |
| From 03/05 | 8 to 10 months |
Disease Claims:
| Received/ OPTION 1 | |
| Prior to 4/04 | 4 months |
| From 5/04 to 6/04 | 6 to 8 months |
| From 7/04 to 9/04 | 8 to 10 months |
| From 10/04 to 2/05 | 10 to 12 months |
| OPTIONS 11 | |
| 05/04 | 4 TO 6 months |
| From 5/04 to 6/04 | 6 to 8 months |
| From 7/04 to 11/04 | 8 to 10 months |
| From 12/04 to 2/05 | 10 to 12 months |
DENIAL OF PROOF CLAIMS FOR CLAIMANTS WHO RECEIVED CRONIN IMPLANTS AFTER 1971
The SFDCT is routinely denying proof of manufacture claims wherein the claimant received Cronin implants after 1971. My office has had success in obtaining approval of implant proof claims where claimants received Cronin implants up to the year 1977. If you medical claim was denied because you received a Cronin implant after 1971, please contact my office as we may be able to help you.
POTENTIAL REMEDIES FOR INDIVIDUALS WHO DID NOT FILE A CLAIM WITHIN 90 DAYS OF THE JUNE 1, 2004 DEADLINE.
For those individuals who did not file a claim within 90 days of the June 1, 2004 deadline, they can file an appeal with Judge Denise Page Hood at:
UNITED STATES DISTRICT COURT
FOR THE EASTERN DIVISION OF MICHIGAN
THE THEODORE LEVIN UNITED STATES COURTHOUSE
231 W. LAFAYETTE, 5TH FLOOR
DETROIT, MICHIGAN 48226-2797
While there is absolutely no guarantee that Judge Hood will grant relief to such individuals, you have nothing to lose in filing an appeal and explain the reasons why you were not able to file your claim by the deadline date. If you filed a claim with the MDL-926 Class Action and were confused and felt that you had registered in the Dow Corning Class Action, or if you live in a rural area and did not have access to information that would allow you to register on time, these facts should be stated in your Appeal. The severity of your medical condition, the attempts you made to register is information that should be listed in your Appeal.
DENIALS OF RUPTURE CLAIMS
Claimants whose rupture claims have been denied have to file a response to cure their deficiencies within 6 months from the date of their Notice of Status letter. The deadline date will be listed in the Notice of Status letter.
If your rupture claim has been denied, and you feel that your operative report clearly states that your implants were ruptured and silicone came into contact with your body and was not the result of gel bleed, you have the right to request that your claim be placed in the Individual Review Program (IRP). You have sixty days from the date you receive your Notice of Status letter, in which to file your IRP claim.