Dow Corning Breast Implant Class Action News and Updates
JULY 29, 2015
Scheduling Order Regarding Consent Order to Establish Guidelines for Distributions from Class 7 Silicone Material Claimants’ Fund. To read the order, click here.
JULY 17, 2015ATTORNEYS:
Wells Fargo, the paying agent for the SF-DCT, requires law firms to provide an updated w-9 before payment can be issued. You can download a copy of the updated w-9 form here. Please complete and return the w-9 to the SF-DCT.
JUNE 12, 2015
Copy of the Notice to Class 7 Claimants Establishing Guidelines mailed by the SFDCT. To read the notice, click here.
JUNE 2, 2015
Judge Hood as issued an Order Authorizing Distribution of the Notice in reference to the Class 7 Consent Order. To read the order, click here.
MAY 26, 2015
CAC FILES MOTION ASKING FOR APPROVAL TO PAY CLASS 7 CLAIMS AND TO RESOLVE THE DISPUTE CONCERNING PREVIOUSLY DENIED “MARSHALING” CLAIMS
On Friday, May 22, 2015, the CAC filed a proposed Consent Order asking the Court to authorize payment of disease claims for Class 7 claimants. Most claimants in Class 7 have been previously paid a $600 Expedited Release Payment, a Foreign Gel Claimant Payment, or a $3,000 Cash-Out Offer. Claimants that rejected the Cash-Out Offer and elected for a full disease review have been waiting for payment on their approved disease claim. With the filing of the motion, the CAC hopes that these claimants can now be paid once the Consent Order is entered by the Court.
In addition, the CAC has reached an agreement with Dow Corning regarding thousands of Class 7 claims that were previously denied by the SF-DCT on the grounds that the claimant allegedly had not “marshaled” their recoveries from their primary manufacturer (Bristol, Baxter). Under this agreement, claims will be reviewed to determine if the claimant was eligible to apply for disease compensation from the Revised Settlement Program. If so, then that claimant cannot apply for the same disease in Class 7. However, if a claimant was not eligible to receive benefits for a particular disease in the RSP, then that claimant may seek compensation from Class 7.
For example, if a claimant was an Other Registrant in the RSP, the only disease option she was eligible for was Disease Option 2 (called Long Term Benefits). Other Registrants were not eligible for Disease Option 1 (Fixed Benefits) and diseases like ACTD. These claimants may now seek compensation for Disease Option 1 from Class 7.
The SF-DCT will re-review the claims that were previously denied and will send eligible claimants either a $600 Expedited Release Payment or $3,000 Cash-Out Payment. The Cash-Out Payment is available only to those claimants who submitted a disease claim in 2006. Claimants may reject the Cash-Out Payment and instead elect for a full disease review; however, if the claim is not approved, they will not be eligible for the Cash-Out Offer again.
A copy of the proposed Consent Order is available here.
MAY 4, 2015The MDL Common Benefit Trust fund has announced that it will offer women who were not compensated for Explantation in either the MDL or Dow Corning Settlement a chance to apply for $5,000 explant payment. For more information about this program, please click here. Please note that this program is not affiliated with either the RSP or Dow Corning Settlement Plan.
If you are having difficulty getting your medical insurance to cover the cost of the explant surgery, there is a new resource for women. The Insurance Coverage Assistance Program will be available to provide advice and assistance on how to assess this Medicare, Medicaid, and health care coverage for issues related to breast implants. This program is to be operated by the National Center for Health Research, a consumer-oriented non-profit group in Washington, D.C., that has helped women seek insurance coverage for breast implant removal. The National Center currently operates the breastimplantinfo.org website. You may email them at email@example.com with your name and email address for more information, including their toll-free number. If you do not have access to email, you can call them at 202-223-4000.
FEBRUARY 10, 2015On January 27, 2015, the Court of Appeals reversed the District Court’s authorization to make 50% partial Premium Payments. Fortunately, the SF-DCT has already made 98% of the partial Premium Payments to eligible, approved claimants. This money does not need to be repaid. Claimants can keep the partial Premium Payment checks that were issued to them. Unfortunately, the remaining 2% of claimants who did not receive their partial Premium Payment check (or returned it for reissuance, or who had lost checks) are on hold pending either a consensual resolution to pay their claims or a court order. A copy of the ruling is under the tab “Court Orders.”
Today, February 10, 2015, the CAC filed a petition for rehearing on this ruling, asking the Court of Appeals to reconsider or rehear the issue based on what the CAC believes are two serious legal errors. A copy of the petition is under the tab “Appeals to the 6th Circuit” and then under the sub-tab “Premium Payments.”
If you need help with your Dow Corning Breast Implant Class Action claim contact us for a breast implant class action attorney