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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