-> BREAKING NEWS UPDATE - 02/10/07
The areas that will be covered in this newest update are as follows:
Class 7- Should I accept the $3,000 settlement offer?
Class 7- I received a letter saying I am not eligible because I did not file a Benefit Schedule Option Form in the MDL-926 Class Action
Waiting time for Claims Processing and Payments
EXTENSION OF THE JANUARY 17, 2007 CURE DEADLINE
Claimants in the MDL-926 Class Action who have been denied benefits because they signed a Release before 1
||Denial of Rupture claims in Dow Class Action|
|(A)||Why has only 279 Disease Option
2 claims been approved, while 10,511 Disease Option 1 claims have
|(B)||What a claimant can do if their Disease Option 1 Level A claim was denied, but accepted at Level B?|
|(C)||What happens if your claim in the MDL-926 Class Action was reduced by 50% because you had a Dow Corning implant and the SFDCT has rejected your Proof of Manufacturer claim for your Dow Corning implant?|
|(D)||Rupture claims that are still
being denied, when supporting documents describe the
implants as “leaking”
|(E)||Waiting time for Claims Processing and Payments|
|(F)||Notice of Intent (NOI) claimants still not entitled to Rupture or Explant Benefits|
|(A)||Deadline for filing a Rupture Claim|
|(B)||Deadline for filing a Class 7, 9, 10.1 and 10.2 claim|
|(C)||Real time waiting estimate for the SFDCT’s processing disease claims|
|(D)||Does your claim fit into the 5% of Option 1 Level A claims that are accepted?|
**PERSONAL COMMENTARY - 05/10/06 **
It has been over one year since my last commentary, and a lot has happened in that one year in the Dow Corning Class Action.
**BREAKING NEWS - February 27, 2006 **
|(a)||Options for claimants who received $5,000 in the MDL-926 Class Action, and their claim is still not settled:|
|(b)||Options for registered claimants of the Dow Class Action, who still do not have proof of their implant brand;|
|(c)||SFDCT denials of Disease Option One Level A claims;|
|(d)||SFDCT revised reviews of denied Rupture Claims;|
|(e)||SFDCT Claims Administrator, David Austern;|
READ FULL NEWS UPDATE
November 4, 2005
|(b)||Problems with the SFDCT reviews of “Rupture Claims|
|(c)||Dow Corning change of position on post 1971 Cronin implants|
|(d)||Problems with the Explant Assistance Program|
|(e)||Extension of Deficiency Deadlines|
|(f)||Estimated waiting time of the SFDCT for reviewing claims|
READ FULL NEWS UPDATE
July 27, 2005
For those of you that have been asking, here is the newest update. I will keep with my promise to “not” write in “legalese.” The areas that will be covered in this update are as follows:
|(a)||Status of doctors on the quality assurance or watch list.|
Claims that are being denied because the medical report does not list Dow Corning or uses the small letter “s” for silicone/silastic in reports from 1970 and 1971.
|(c)||Claimants who have received a deficiency notice from the SFDCT on their medical claim and the one year deadline is approaching.|
|(d)||Claimants who received a 50% settlement in the MDL-926 Class Action and the SFDCT has rejected their Dow proof and cannot recover the other 50%.|
|(e)||Claimants who received a 50% settlement in the MDL-926 Class Action and the SFDCT is approving their medical settlement at a lower level than was accepted in the MDL-926 Class Action.|
|(f)||What is happening with claims that were filed after November of 1999 and before August 31, 2004, that have been put on hold?|
|(g)||Denial of proof claims for Cronin implants received after 1971.|
|(h)||What can I do if my attorney will not return my calls or answer my questions and I do not know what is going on with my claim?|
APRIL 21, 2005
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.
SEPTEMBER 1, 2004
JUNE 1, 2004
APRIL 12, 2004
On April 2, 2004, Judge Denise Page Hood entered an Order setting the Effective Date for June 1, 2004. This means that approved claims can begin to be paid by the Settlement Facility beginning later in June. This also means that New Claimants will only have 89 DAYS after June 1, 2004, in which to register with the SFDCT by filing a "Notice of Intent" form.If YOU HAVE NOT REGISTERED, you should do so ASAP!Once this deadline passes, no new claimants will be allowed to register in the Dow Corning Class Action.
The Court of Appeals for the Sixth Circuit entered an Order granting the dismissal of the Nevadan's appeal. The Court can been requested to set an Effective Date of June 1, 2004. The Effective Date has not been set yet; this is only a proposed Effective Date. When the Court rules, an update will be posted on this website.
*** IMPORTANT UPDATE 3/20/04 ***
We have raised approximately $330,000 in cash and pledges into the Escrow Account, notwithstanding the attempts by the TCC to pour cold water over the funding of this account.
FEBRUARY 26, 2004
The Court of Appeals for the Sixth Circuit has scheduled oral argument on the last remaining Appeal for April 21, 2004.
*** IMPORTANT UPDATE 2/9/04 ***
POSSIBLY GREAT NEWS!
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.
*** 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.
** UPDATE -
**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.
NOVEMBER 1, 2003
On October 30, 2003, the Court of Appeals for the 6th Circuit ordered that the Nevada appeal be scheduled for oral argument "at the earliest practicable date." This is the last appeal remaining challenging the Amended Joint Plan of Reorganization of Dow Corning. As soon as this appeal is resolved, the Amended Joint Plan can go "effective" and allow claims to be paid.
In related news, the Court of Appeals for the 6th Circuit rejected, for the third time, the brief submitted by the Korean claimants that challenges Judge Hood's Order allowing Australian claims to be processed in Australia. The Court of Appeals returned the brief and reset the briefing schedule. Please note that the appeal will not hold up an Effective Date once the Nevada appeal is resolved. The Korean appeal relates only to the order on the Australian processing option; it does not affect the overall appeal of the Amended Joint Plan.
As soon as we receive any new information, it will be posted to this website.
SEPTEMBER 29, 2003
Due to pressures from the breast implant manufacturers, the FDA plans to put silicone implants back on the market, without adequate research. In 1992, due to serious concerns about the safety of breast implants, the FDA placed restrictions on them. Most silicone gel breast implants eventually rupture, and release chemicals into the body. Silicone implants have harmed hundreds of thousands of women and cost taxpayers millions of dollars. Why is the FDA preparing to approve silicone breast implants on October 15, 2003?
For women who have or had a Dow Corning breast implant, there are two new ways to meet "acceptable" proof of manufacturer. First, Dow Corning has acknowledged that there may be references in medical records to "Rubin" implants or labels that state, "Silastic Mammary Implant Rubin Design High Profile Contour, Q7-2573." This implant was commercially available during 1984 through 1986. It is Dow Corning's historical understanding that Dr. Rubin worked solely with DCC. Credible, contemporaneous documents identifying the claimant's breast implants as Rubin implants, Rubin Design implants or Q7-2573 implants would be deemed Acceptable proof of manufacturer for implants implanted between 1984 and 1986. Any claim outside these years containing Rubin, Rubin Design or Q7-2573 should employ the waiver/IRP process.
JULY 18 2003:
On July 17, 2003, Judge Hood entered an Order granting the Motion of Dow Corning to approve claim processing Australia for certain breast implant claimants. The order also overruled the objections filed by the Korean claimants. Under the terms of the motion, the Australian Claimants must file a dismissal of their appeal pending before the U.S. Court of Appeals for the 6th Circuit no later than one business day after the Order if final and non-appealable.
Once this happens, then only one appeal with remain (appeal of certain Nevadan claimants). It is anticipated that the U.S. Court of Appeals for the 6th Circuit will schedule a date for oral argument in the near future, and they will issue an opinion and order."
JULY 11 2003:
On July 8, 2003, a hearing was held before Judge Hood on the motion by the Tort Claimants Committee and Dow Corning that would allow the processing of certain Australian claims in Australia. One objection to this motion was filed by Yeon-Ho Kim, who represented approximately 2,500 Korean claimants.
Judge Hood heard oral arguments from Dow Corning and Mr. Kim and took the motion under consideration. She did not issue an opinion or order at the hearing. If the motion is granted, then the Australians who are currently pursuing an appeal of the Plan of Confirmation before the U.S. Court of Appeals for the 6th Circuit have agreed to withdraw their appeal. If they withdraw their appeal, then only one appeal will be remaining (the appeal of certain Nevada claimants). No claims can be paid until all appeals are resolved and the Effective Date of the Plan occurs.
JUNE 26 2003:
On June 18, 2003, the Tort Claimants Committee and Dow Corning filed a motion before Judge Denise Hood requesting approval for claim processing in Australia for certain breast implant claimants in Classes 6.1 and 7. If approved, the proposal would resolve one of the two remaining appeals pending before the United States Court of Appeals for the Sixth Circuit.
The proposal would allow certain Australian breast implant claimants who either filed a timely Proof of Claim or who asserted a claim against Dow Corning or Dow Corning Australia in an Australian court, either individually or as a member of a class, to submit their claim to an Independent Claim Reviewer in Australia. The claims would be processed using the protocols and qualification criteria already defined for Class 6D (an existing Australian that allowed processing in Australia) and would use the compensation categories already in the Plan for Classes 6.1 and 6D. The maximum liability for payment of these claims would be $10 million (U.S.).
The Plan Proponents have requested expedited consideration of the motion. A hearing is scheduled for July 8, 2003, in Detroit before Judge Hood. The Plan Proponents have requested expedited consideration of the motion to avoid causing any further delay in the pending appeals before the Sixth Circuit Court. The Plan Proponents have reserved the right to withdraw from the proposal for the claim processing in Australia if it appears that the Effective Date will be delayed or claim processing would be complicated in any way as a consequence of filing the motion.
The Sixth Circuit Court of Appeals recently issued a schedule to submit briefs on the two remaining appeals in the Dow Corning bankruptcy case. The first brief is due on April 21 with a reply brief due by May 21, with the final briefs being due June 18th. The Court has agreed to expedite the appeals. It is not known when the Court will announce its ruling on the appeals.
I understand many recipients of Dow Corning implants whose unresolved claims are going on "ten years" have completely lost faith in the legal system, are fed up with what they see as "corporate greed and irresponsibility," feel completely abandoned by the medical profession and feel there will not be a settlement in their lifetime. For these claimants (which also include many of my own clients) who have been getting sicker and sicker and realize no amount of money will bring back the good health and years they have lost, I can only pray and hope that the Dow Plan will finally start this year so this endless merry go round can stop. For my clients, and future clients, I will do everything possible to expedite your settlements once the Effective Date of the Plan is announced.
On December 11, 2002, Judge Denise Page Hood entered an order that allows claim form packages to be mailed to all claimants and law firms during the week of February 18, 2003. These packages will contain forms for you to submit proof of your product identification and to apply for settlement benefits.
Two appeals were filed to Judge Hood's December 11, 2002, Order approving the settlement plan. The appeals were filed on behalf of certain Nevada claimants and certain Australian claimants. The sole issue on appeal is whether the release of third party non-debtors (such as shareholders and insurers of the debtor" Dow Corning) is legally valid. The Court of Appeals for the Sixth Circuit has not set a schedule for when the appeals will be heard. The Tort Claimants Committee and Dow Corning are filing a motion requesting that the court expedite the appeals. If granted, this could mean a quicker, and perhaps final decision in the bankruptcy case. Once there is a final decision, claims can be paid.
DECEMBER 16, 2002:
On December 11, 2002, Judge Denise Page Hood, United States District Judge, issued a 36 page opinion relating to the Sixth Circuit Court of Appeals January 29, 2002 Opinion regarding the Dow Corning Corporation bankruptcy. The Sixth Circuit previously held that non-consenting creditors may be enjoined from filing claims against non-debtors if certain factors were met. The Sixth Circuit remanded the matter for further findings on these factors. In her Opinion, Judge Hood finds that there is sufficient evidence in the record to support the release and injunction under the Joint Plan.
The Court also issued an Order authorizing the Settlement Facility to mail the Claims Form Packages during the week of February 18, 2003. Participation Forms will not be mailed with the Claim Forms and will be mailed at a future date following the Effective Date of the Joint Plan.
What does this mean in plain English? This means the Claims Forms will be mailed out during the week of February 18, 2003, and the claims will be processed. BUT no one will be getting paid until the appeals are completely resolved. There is no effective date of the Plan yet.
The Appellants have 30 days to seek a rehearing from Judge Hood or they can appeal it to the Sixth Circuit Court. However, it is my opinion that the ruling from Judge Hood will make it pretty rough to appeal this issue further, and the Sixth Circuit has ruled on this issue already. If there is an appeal to the Sixth Circuit and this is denied, they could appeal to the Supreme Court.
OCTOBER 11, 2002:
The United States Supreme Court ruled on October 7, 2002, DENYING the request by certain Nevadan objectors to hear their appeal. This means that the Supreme Court will not hear any appeal at this time on the Dow Corning bankruptcy Settlement Plan.
The Settlement Plan is presently pending before US District Court Judge Denise Page Hood on the issue of whether sufficient facts were produced at the confirmation hearing in 1999 to support the release of liability of Dow Chemical and other third parties. Most experts feel that there are sufficient facts in the trial records to support the release of Dow Chemical and other third parties. The Settlement Plan cannot begin until all of the appeals are resolved. As soon as Judge Hood makes her ruling on the appeal, I will post an immediate update on this website.
SEPTEMBER 25, 2002:
On September 19, 2002, the U.S. District Court entered an order approving the settlement negotiated by the Plaintiff Tort Committee and Dow Corning and the U.S. Government. The settlement resolves claims filed by various federal agencies seeking reimbursement of expenses incurred on behalf of implants claimants (e.g., claims for removal of Dow Corning breast implants incurred by Medicare or other federal agencies). The appeal involving additional findings of act on the third-party non-debtor release is still pending before the District Court. There will be an update to this page when the Court enters an order regarding the release appeal.
SEPTEMBER 5, 2002:
The issues of additional findings of fact that support the release of third party non-debtors in the Dow Corning settlement plan has been briefed and argued to the US District Court. The matter is presently under submission, and as soon as there is a ruling, the decision will be posted to this update page. Once the US District Court rules, there will more then likely be another round of appeals to the US Court of Appeals to the 6th Circuit. We do not know how much longer the appeals may take, as this depends on the schedule of the courts.
The motion by the Nevadan objectors asking the US Supreme Court to accept its appeal is also pending. The US Supreme Court is not in session at the present time, so no decision on the motion is expected until the Court resumes its session in October 2002.
It appears there has been a settlement with the US Government, so the only remaining issues to be resolved has to do with the appeals filed by certain Nevada and Australian claimants and several claimants who are representing themselves without an attorney. These objectors want the ability to collect money from Dow Corning in the Settlement Plan AND also be able to sue Dow Chemical and/or other related companies outside of the bankruptcy court proceedings.
All signatures to the proposed settlement of the US Government's claims have been obtained and submitted to the US District Court. The matter is now under submission to Judge Denise Page Hood.
There is no new information on when the claim form packages will be mailed. On July 22, 2002, the Tort Claimants Committee sent a letter to the US District Court urging the Court to mail claims form packages as soon as possible. No action is currently schedules. As soon as we receive any "new" news, we will post an update to this webpage.
JUNE 21, 2002:
Judge Denise Page Hood conducted a hearing on Friday, June 14, 2002. The hearing concerned objections and appeals filed by certain Nevada and Australian claimants, and several other claimants who are representing themselves without an attorney. These objectors are arguing that the Dow Plan cannot legally release Dow Chemical (parent company of Dow Corning) and subsidiary companies of Dow Corning from liability for Dow Corning's breast implants. These objectors want the ability to collect money from Dow Corning in the Settlement Plan AND also be able to sue Dow Chemical and other related companies outside of the bankruptcy court proceedings.
In January of 2002, the 6th Circuit Court of Appeals addressed their objections and ruled that Dow Chemical and the other related companies could be released from liability for Dow Corning's breast implants as part of a reorganization of Dow Corning in bankruptcy. The 6th Circuit Court sent the case back to Judge Hood for further proceedings to determine if the trial record contained facts that support the release of liability in this case.
Written briefs and objections on the "release" issue were submitted to Judge Hood earlier this year. The Tort Claimants Committee believes that the trial records has sufficient facts in evidence to justify the release of Dow Chemical and the other related companies in this case. The hearing on June 14th was to allow all parties to make any additional oral arguments regarding the release of liability issue. The release of Dow Chemical and the subsidiary companies is the ONLY issue left in the pending appeals.
Judge Hood heard the oral arguments and indicated that she would like to move quickly in issuing a ruling. As soon as she issues her ruling, we will post a new update to this website page.
My last update of 2/12/02 stated that Judge Hood held an Informal Status conference with the parties to set up its schedules to submit briefs on additional "Findings of Fact," which they were ordered to do by the Sixth Circuit Court of Appeals. However, before a final Scheduling Order could be entered, in comes the US Government who filed a "Petition for Rehearing" to the Sixth Circuit Court. The Petition asked the court to hold another hearing of the full panel to hear the arguments on whether the Joint Plan can release claims of insurers of third parties.
The Sixth Circuit had already ruled on these issues in its 1/29/02 Order, but the US Government's Petition was asking the Court to reconsider and overturn its earlier ruling. Until the Sixth Circuit ruled on the pending Petition filed by the US Government, Judge Hood, back at the District Court, who does not have jurisdiction over the US Governments objections to the Joint Plan, could not enter a Scheduling Order.
On May 3, 2002, the Sixth Circuit "denied" the motion of the Government to rehear the appeals. On May 13, 2002, the Sixth Circuit issued its mandate officially returning the bankruptcy case back to the US District Court and Judge Denise Hood. It is anticipated that Judge Hood will soon schedule a hearing on the case.
And finally, just recently the Nevada claimants filed a petition to the US Supreme Court asking it to accept the appeal on the Dow Corning settlement plan on the issue of the release of Dow Corning's shareholders. Last week the Supreme Court returned the petition because it exceeded the page limit set by the court. The Nevada claimants have 60 days to refile the petition with the page limits allowed.
When there is a new hearing date or any other developments in the case, this page will be updated.
FEBRUARY 12, 2002:
Judge Denise Page Hood, the federal judge presiding over the Dow Corning bankruptcy case, held an informal status conference on Monday, February 11, 2002. Representatives of the Tort Claimant's Committee attended as did other official committee representatives and those objecting to the settlement plan. A proposed schedule was discussed by all of the parties that would allow for an expedited briefing and submission to Judge Hood on the issues raised by the 6th Circuit Court of Appeals decision. At this time, the schedule for submitting legal briefs and holding a hearing has not been set. When an order is signed with a definite schedule, it will be posted on the Tort Claimant's Committee's website. I will post this information on this "Update" page of my web site. Please check back for an update when the order is signed.
As soon as we receive any new information, it will be posted to this website.
JANUARY 29, 2002
The 6th Circuit Court of Appeals issued an opinion on January 29, 2002, affirming (approving) the Amend Joint Plan of Reorganization of Dow Corning. To read a copy of the opinion,
The first issue on appeal was whether a bankruptcy court may enjoin (prevent) objectors from suing a non-debtor corporation (i.e., Dow Corning's shareholders-Dow Chemical and Corning) as part of a reorganization plan in bankruptcy. The 6th Circuit Court of Appeals ruled that the bankruptcy court may do so, and they affirmed (approved) the earlier rulings of the bankruptcy and district courts. However, they sent the case back to the lower court for findings of facts that demonstrate that an injunction was appropriate in this reorganization plan. This means that the district court must issue an order that specifically lists the facts that support her earlier finding that objectors cannot sue a non-debtor (i.e., Dow Chemical and Corning)
As part of this decision, the appeals court found that the reorganization plan did not provide adequate protection to ensure that the claims of the U.S. Government (Class 15) would be paid in full. Specifically, they determined that a procedural mechanism was needed to allow the U.S. Government to assert claims for subrogation under Medicare and other federal programs.
The second issue on appeal was whether the reorganization plan classified foreign claimants appropriately. The court ruled that the plan did treat foreign claimants appropriately and equally with non-foreign claimants under the bankruptcy code, and affirmed (approved) the earlier rulings of the bankruptcy and district courts.
Dow Corning has paid the Initial Payment of approximately $1 billion to the claimant's trust. This money is being invested by the Interim Financial Advisor and is earning interest dedicated solely for claimants. Dow Corning does not get any of the interest earned by the claimant's trust. The Settlement Facility offices are also operational.
While the ruling by the 6th Circuit Court of Appeals will undoubtedly cause additional, unexpected delays in making payments to claimants, the Tort Claimants Committee will continue to urge the courts to expedite the appeals and rule quickly.
6th Circuit Court of Appeals Schedules Oral Argument
Oral argument on the pending appeals to the Amended Joint Plan of Reorganization of Dow Corning is scheduled for October 23, 2001 at 3:00 p.m. Eastern Time. The 6th Circuit Court of Appeals is located in Cincinnati, Ohio. Oral argument is limited to 30 minutes per side. This means that all parties appealing the Joint Plan have a total of 30 minutes to present their case on appeal. Parties opposing the appeals also have a total of 30 minutes to present argument why the plan should remain confirmed (approved).
In a separate order, the 6th Circuit Court of Appeals denied the request of the Nevada Claimants and the United States. Both of the parties had asked for separate oral argument, for additional argument time, and for leave to have two counsel argue on their behalf. The Court denied all of these requests and ordered all parties that filed an appeal to consolidate their oral argument, limited to 30 minutes, and limited to one attorney for all appellants.
At this time, the Plan of Reorganization of Dow Corning is still on appeal. The Plan will not be effective (meaning final and able to be fully implemented) until all appeals are concluded. There will not be any payment of claims until the Plan is effective.
However, the independent claims office that will handle the processing and payment of claims in the Dow Corning bankruptcy case is now operational. This office will be called the Settlement Facility-Dow Corning Trust (SF-DCT). While the appeals are pending, the SF-DCT has been authorized to begin mailing claim forms and information. Judge Hood has ordered that the claim forms must be prepared by January 8, 2002 and ready for mailing at a time to be decided by the District Court.
If you are a present client of the Law Office of Stephen M. Frailich and your address and phone number has recently changed, please call our office to provide us with updated information.
Dow Corning Bankruptcy
Since declaring bankruptcy and excluding itself from the original Global Settlement in 1994, Dow Corning has been under the protected shield of bankruptcy. Lengthy negotiations between Dow Corning and the Tort Claimants Committee resulted in the Amended Joint Plan of Reorganization ("the Joint Plan"). The Joint Plan includes the "settlement" that the attorneys for breast implant claimants negotiated with Dow Corning in the context of the bankruptcy proceedings.
The Joint Plan was approved by the majority of claimants (94%), and has been approved by the bankruptcy court. Approximately 22 appeals were filed after the Joint Plan was approved by the bankruptcy court in November of 1999. On November 13, 2000, the district court ruled on the appeals, and affirmed once again the Joint Plan. The losing party to the appeal has now filed another appeal to the Sixth Circuit Court, and it is that appeal that is still pending. Until this appeal is ruled upon, the Joint Plan will not start. It is expected that the Joint Plan will be implemented sometime later this year, or early 2002.
If you are UNSURE whether or not you have already registered your bankruptcy claim with DATICON SYSTEMS, you may still be able to file a late claim, which is called a Rule 3005 Notice of Intent to File, but you need to call 713-225-7200 IMMEDIATELY to confirm your registration.
The amount which has been set aside to fund the Joint Plan totals approximately $3.2 billion. Benefits to Dow Corning product recipients will range from approximately $2,000 for an expedited release payment to $250,000 for the highest level of disease compensation. If there is enough money in the fund, a 20% Premium Payment may be added to the settlement amounts. The exact amount of claimants who will make a claim against this fund is currently unknown, but estimates are that more than 600,000 claims have already been filed.
There will be different benefits available to claimants under the Fixed Amount and Long Term Benefit Schedules, including:
|1.||A $5,000 payment for the removal of DOW implants after 12/31/91|
A rupture payment for DOW implants which is approximately $20,000
($25,000 if the 20% premium payment is made);
|3.||Fixed Amount Benefit Schedule Grid which will provide benefits on a graded scale, ranging between $10,000 and $50,000 ($12,000 and $60,000 if the 20% premium payment is made);|
Long Term Benefit Schedule Grid which will provide benefits on a graded scale, ranging between $75,000 and $250,000 ($90,000 and $300,000 if
the 20% premium payment is made)
|5.||$2,000 expedited payment|
While the Joint Plan received overwhelming claimant support (94%), and has been approved by the bankruptcy court and affirmed by the District Court, due to appeals filed by certain objectors, the Joint Plan may not begin until the last appeal is resolved.
If you would like to know what legal rights you are entitled to, at no cost, please fill out our online contact form.