BREAKING NEWS UPDATE 01/22/09

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

A       RUPTURE ISSUES

Many claimants have stated that they believe their Rupture Claim should have been approved.  The SF-DCT has taken the position that a rupture and/or defect must be present in the operative report and/or pathology report before a Rupture Claim can be approved. 

Numerous Rupture claims are being denied where the surgeon does not state that he/she has witnessed an actual rupture and/or defect, yet the implant is partially collapsed or an extraordinary amount of silicone is found outside of the implant. 

In many cases, the silicone must be absorbed by sponges in order to clean up this area.  Numerous Pathology reports state that a large volume of silicone is missing from the implant and/or the implant is partially collapsed.   A number of these claims have been denied because an actual rupture was not detected.  The Claims Board does not accept reports that state the implant has gel-bleed, which is described as small beads of silicone that have seeped through the implant and where there is no rupture.  However, silicone gel-bleed cannot account for a collapsed implant or for a large volume of silicone to be missing from the implant and/or finding large amounts of silicone outside of the implant.  Common sense would dictate that in order for this much silicone to be outside of the implant, the implant could only have been ruptured no matter what the claims criteria states.

If a claimant does not agree with the deficiency letter they received from the Claims Board, they have a right to file a Request for Review as it relates to the denial of their Rupture Claim.  If the Request for Review is denied, a claimant can file an Error or Corrections Appeal.  If this is denied, the claimant can file an Appeal to the Claims Administrator and if this is denied, their last recourse would be to file an Appeal before the Appeals Judge.

B       DEADLINE REMINDER TO SETTLING LATE CLAIMANTS

The deadline for settling Late Claimants was January 21, 2009 in which to submit all claim forms.  This applies only to settling Late Claimants.  It does not apply to any other claimants in the Dow Corning Class Action.

If you are a settling Late Claimant in Class 5 or 6 (Dow Corning breast implant claimants) covered by the court’s Order of December 12, 2007 then you must have submitted your claim forms and documents supporting your claims for Explant, Rupture and Disease or Expedited Release by January 21, 2009. 

Settling Late Claimants are not allowed to submit a claim for Disease, Rupture or Explant after January 21, 2009.  All claim forms for Disease, Rupture and/or Explant must be submitted by January 21, 2009.

C       CLASS 7 (SILICONE GEL CLAIM FUND) – DISEASE CASH-OUT OFFERS

D       DEADLINE REMINDERS

E      STATUS OF PREMIUM PAYMENTS

F        CURE DEADLINE OF MARCH 2, 2009 FOR CERTAIN “ANDS” CLAIMS

G       “ACTD” CLAIM CRITERIA RELEASED AND CURE DEADLINE OF JULY 9, 2009