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Filing Deadlines for Breast implant Claims , Breast Implant Helpline

Written by lisaspitzer on . Posted in Breast Implant News

The Breast Implant Helpline Is here to keep you informed on filing deadlines and Breast Implant Claim Updates

Breast Implant Claim Filing Deadlines

1. Deadlines to “register” a claim with the bankruptcy court

During the bankruptcy proceedings, claimants were required to file a Proof of Claim form. By Order of the bankruptcy court, the deadline to be considered “timely” was set as November 30, 1999.

Section 2.02 (b)(i) of Annex A to the Settlement Facility and Fund Distribution Agreement also established a process where claimants who had not filed a timely Proof of Claim but on whose behalf such a form was filed, could file a “Notice of Intent” form with the court. Section 2.02 (b)(iii) set the deadline as 90 days after the Effective Date of the Plan, which was June 1, 2004. Therefore, the deadline to file a Notice of Intent form was August 30, 2004

2. Deadlines to file a claim for benefits with the Settlement Facility

All deadlines for timely claimants to file a claim for benefits are linked to the Effective Date of the Plan – June 1, 2004.

Deadline  Benefit  Annex A Reference
June 1, 2006  Deadline to submit Rupture claim  Section 6.02 (a)(iii)
June 1, 2006  Deadline to submit Class 7 claim  Section 6.04(h)(ii)
June 1, 2006   Deadline to submit Class 9/10 claim  Section 6.03 (c)
June 2, 2014  Deadline to submit Explant claim  Section 6.02 (a)(i)
June 3, 2019  Deadline to submit Disease or Expedited
Release claim  Section 6.02 (a)(ii)

3. Deadlines to cure deficiencies in claim submissions

Annex A establishes time limits for claimants to fix problems in their claims after the Settlement Facility notifies them of the problems in a “Notification of Status” letter.

Type of Claim  Deadline  Annex A Reference
Explant  6 months from the date of the NOS letter  Section 7.09 (a)(iii)
Rupture  6 months from the date of the NOS letter  Section 7.09 (c)(ii)
Disease  1 year from the date of the NOS letter  Section 7.09 (b)(ii)(1)
Class 7 Disease  1 year from the date of the NOS letter  Section 7.09 (b)(ii)(1)
Class 9, 10  6 months from the date of the NOS letter  Section 6.03 (f)

4. Deadlines that apply only to Notice of Intent Claimants

Type of Claim  Deadline  Reference
Expant and Rupture  October 20, 2008  NOI Consent Order

5. Deadlines that apply only to "Eligible Late Claimants"

Type of Claim  Deadline  Reference
Class 7, 9,10  July 21, 2008  Late Claimant Order
Class 5, 6.1, 6.2  January 21, 2009  Late Claimant Order

The filing of your Breast Implant claim and keeping up with deadlines can be very confusing. Do not try to got it alone. Call the Breast Implant Helpline for a breast implant lawyer

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