BREAKING NEWS UPDATE 02/21/08

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

A

 

Class 7-Silicone Gel Material Claims
 

B

 

Update on Payments of “Additional” and “Premium” Payments to Claimants in Classes 9 and 10-Covered Other Products
 

C

 

Update on processing and payment of Notice of Intent or conditional Claimant claims
 

D   DEADLINES

CLASS 7-SILICONE GEL MATERIAL CLAIMS

Approximately 11,848 Class 7 claims have been approved for either an Expedited Release Payment ($600) or a Disease Cash Out ($3,000). The total fund is $57.5 million and $16 million has been paid out to date. The SF-DCT expects to complete all Proof of Manufacturer reviews within the next year.

As POM claims are being approved, the SF-DCT will send either the Expedited Release Payment to eligible claimants who selected this option or a Disease Cash Out Offer to claimants who selected the disease review. There is approximately 10,263 Proof of Manufacturer files pending review, and 872 Disease claims pending review, mostly in Disease Option 1. At this time the SF-DCT is “not” processing Class 7 Disease claims and likely will not process any disease claims until the POM reviews are complete.


UPDATE ON PAYMENTS OF “ADDITIONAL” AND “PREMIUM” PAYMENTS TO CLAIMANTS IN CLASSES 9 AND 10-COVERED OTHER PRODUCTS

The SF-DCT is currently mailing checks for “Additional” and “Premium Payment” to claimants in Classes 9 and 10 (certain covered Dow Corning implants EXCLUDING BREAST IMPLANTS) who have an approved Medical Condition claim. The payment Grid amounts are listed on the CAC web site (www.torcomm.org)

Class 9 and 10 claimants who received a deficiency in their Proof of Manufacturer have until August 1, 2008 to submit documents showing they have a Covered Dow Corning implant. If acceptable proof is not submitted by August 1, 2008, then the claim in Class 9/10 will be permanently excluded form the Dow Corning settlement.


UPDATE ON PROCESSING AND PAYMENT OF NOTICE OF INTENT OR CONDITIONAL CLAIMANT CLAIMS

As previously reported, The District Court approved a Consent Order that allowed Notice of Intent (NOI) or Conditional claimants to be eligible for Explant and Rupture Benefits. NOI claimants do not have the return the NOI Acceptance Form because all NOI claimants are now deemed to be Settling NOI Claimants.

If you think you may be an NOI claimant and did not receive a package sent by the SF-DCT, you should call the SF-DCT at (866)874-6099 to receive a package. The deadline for NOI claimants to file a claim for benefits is October 20, 2008. There are approximately 4,700 NOI claimants in Class 5 and 6. and of this number, over 2000 NOI claimants have not submitted a Proof of Manufacturer form.

There are approximately 1,100 Rupture and 970 Explant claims filed by NOI claimants pending review in Classes 5 and 6. Processing of these claims should be completed with the next 120 days. Explant claims will be paid in full ($5,000) and Rupture claims will be paid in installments (the first payment will be $10,000) until all NOI claims are processed.

If you are an NOI claimant, then you have additional time to have your Dow Corning breast implants removed to document and submit a Rupture claim. The deadline for NOI claimants to submit an Explant and/or Rupture claim is October 20, 2008. If you need financial assistance to have your implants removed, contact the SF-DCT and ask about the Explant Assistance Program. Please remember that the extension of the Rupture deadline applies only to NOI claimants. It does not apply to timely filed claimants, as the deadline to file a Rupture claim for timely filed claimants was June 1, 2006.


DEADLINES:

Deadline Date Type of Deadline
April 2, 2008 Cure Deadline for certain claimants who previously filed a claim for Polymyositis or Dermatomyositis (consult the SFDCT about your specific cure deadline)
May 1, 2008 Cure Deadline for certain claimants who previously filed a claim for Primary Sjogren's Syndrome (PSS), Mixed Connective Tissue Disease (MCTD) or Overlap Syndrome (OS) (consult the SF-DCT about your specific cure deadline)
July 21, 2008 LATE CLAIM DEADLINE FOR CLASS 7, THE SILICONE MATERIAL CLAIMANT FUND and LATE CLAIM DEADLINE FOR CLASSES 9 AND 10, COVERED OTHER PRODUCTS FUND. This deadline only applies to Class 7, 9 and 10 Late Claimants listed in the Court's Order of December 12, 2007.
August 1, 2008 Deadline for Other Product Claimants to submit documents to cure any deficiencies in their Proof of Manufacturer.
August 18, 2008 Cure Deadline for certain claimants who previously filed a claim for Systemic Sclerosis / Scleroderma (consult the SF-DCT about your specific cure deadline)
October 1, 2008 Cure Deadline for certain claimants who previously filed a claim for General Connective Tissue Symptoms (consult the SF-DCT about your specific cure deadline)
October 20, 2008 NOI CLAIMANTS' Deadline to submit Explant and/or Rupture claims – Classes 5, 6.1 and 6.2 (this deadline only applies to NOI claimants; it does NOT apply to timely filed claimants)
November 1, 2008 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)
December 15, 2008 Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)
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.
February 2, 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)

PREVIOUS BREAKING NEWS:

FACT

In 1997, The Mayo Clinic found one in four women with implants will need surgery within five years for ruptures or other disfiguring complications. 

FACT

What effect does silicone have on the enzyme system, cell membranes, DNA damage, interference with repair mechanisms and the effect on energy production?

CONTACT INFO

Law Offices of 
Stephen M. Frailich

22287 Mulholland Highway, PMB No. 409
Calabasas, Ca. 91302
(818) 223-9064
(818) 223-9062 (Fax) 
Visit breast implant law ; breast implant blog &
www.frailichlaw.com

Call Toll-Free
1-800-573-3236 (24 Hour Voice Mail)
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