Posts Tagged ‘anaheim’
Breast Implant Lawyers Accepting Dow Corning Breast Implant ClaimsOur Breat Implant lawyers are reviewing Dow Corning Breast Implant Claims for women implanted with Dow Corning implants prior to June 1, 1993 and who are registered with the SF-DCT.
We are here to help with your Dow Corning silicone breast implant claims and will connect you with a female silicone breast Implant lawyer who has been helping women for 2 decades. Our lawyers have helped women obtain settlements for breast implant diseases such as Lupus, Scleroderma and General Connective Tissue Diseases.
DECEMBER 3, 2015
The District Court issued an Order approving the Consent Order To Establish Guidelines for Distributions From The Class 7 Silicone Material Claimants’ Fund. This means that the Court has authorized approved disease claims in Class 7 to be paid and has approved the parties’ agreed interpretation of “marshaling.” The order will become final once the 30-day time period for appeals has expired and no appeals have been filed. Payments can begin once the Order is final. This means that payments will not begin until sometime in January 2016 or thereafter.
DECEMBER 1, 2015
Copy of the SFDCT letter sent to claimaints with an approved Disease Option 2 claim regarding Increased Severity – Please note the deadline date of June 2, 2019 is incorrect. The correct deadline date is June 3, 2019. To read the response, click here.
SEPTEMBER 15, 2015
Omnibus Response to Objections & Submissions Responding to Consent Order to Establish Guidelines for Distribution From Class 7 Silicone Materials Claimants Fund. To read the response, click here.
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.
MAY 4, 2015
The 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 firstname.lastname@example.org 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, 2015
On 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.”
February 10, 2015,
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 CLAIM CONTACT US TODAY
Breast Implant Helpline keeps you updated on all breast implant news. Years after the Dow Corning Silicone Breast Implant disaster a new silicone breast implant hits the market. The FDA has approved a new silicone gel breast implant from Johnson & Johnson.
Next Generation breast Implant?
The Food and Drug Administration said it has approved a next-generation silicone breast implant from Mentor, a unit of New Brunswick-based Johnson & Johnson. Ladies let’s remember who this is. The same folks that bring you the vaginal mesh implant that is ruing lives nationwide. We watch with skepticism. The company’s MemoryShape breast implant uses a cross-linking gel design that the FDA says is firmer than previous implants. FDA regulators approved the new implant for breast enhancement and reconstruction in women at least 22 years old.
Can Silicone Breast Implants Make A Comeback?
Silicone gel implants have made a comeback recently after safety concerns kept them off the market for nearly 25 years.
The FDA banned sales of silicone breast implants in 1992, saying manufacturers had not provided enough medical data showing their safety and effectiveness. At the time, there were worries about a connection to a variety of diseases, including cancer and lupus. Alarming cases of ruptures added to the concern. Women are still waiting on settlements from the Dow Corning Class Actions and a new breast implant explant program has been announced.
The FDA said Friday it approved Mentor’s new implant based on studies tracking six years of data in 955 women. The agency said complications with Mentor’s MemoryShape implants were similar to those from previously approved silicone gel implants.
FDA is requiring Mentor to meet a number of requirements in connection with the new approval, including:
• Tracking the 955 women with the new implant
• Conducting a new study of 2,500 women who receive the new implant
• Evaluating women’s comprehension and perception of the implant’s labeling
• Analyzing any implants that are removed from women and returned to the manufacturer
More than one in five women who get implants for breast enhancement will need to have them replaced within five years, accord to an FDA analysis of company data released in 2011. Despite that relatively high failure rate, FDA regulators concluded that the silicone-gel implants are basically safe, as long as women understand they come with complications. Some critics of the implants say the failure rate may be even higher, since many women have dropped out of the company studies.
We will be watching.
You may have received a letter from the Dow Corning Trust explaining a Breast Implant explant program. For help in understanding your rights and to speak to a breast implant explant lawyer contact the Breast Implant Helpline today
There is a Breast Implant Explant Program Deadline
The final deadline to submit an Explant Claim to the SF-DCT is June 2, 2014. You must have acceptable Proof of Manufacturer before you can be considered for the Explant benefit. The Explant benefit is $5,000.00. To qualify for this benefit, you must have your Dow Corning implants removed and not replaced with silicone.
It can take six months or longer to schedule an explant surgery and to obtain the necessary medical records from your surgeon or hospital. If you are eligible to apply for this benefit, you should keep this deadline date in mind. Do not wait to discuss your explant surgery with your doctor. This should be done as soon as possible.
What Is Breast Implant Explant Surgery?
Breast explant surgery is mplant removal. Explant surgery is the process by which your breast implants are removed from the breasts. Depending upon the reason for the surgery, additional material may be removed.
Dow Corning Explant Benefits Notice
EXPLANT DEADLINE IS JUNE 2, 2014
The Settlement Facility will mail letters to Class 5 and 6 claimants on April 26, 2013 reminding them of the Explant Deadline of June 2, 2014.
What is the Explant Deadline? To be eligible for the $5,000 Explant benefit (Class 5 only), you must have your Dow Corning breast implant removed by June 2, 2014 and you cannot receive another silicone gel breast implant after that. To file a claim, you must submit the Explant Form and the operative statement from the Explant surgery. Only claimants in Class 5 and 6.1 (non-U.S. Dow Corning breast implant claimants) are eligible for the Explant Payment.
June 2, 2014 may seem like a long time away, but our experience has been that it often takes up to 6 months or more to schedule an appointment with your surgeon, schedule the surgery, and obtain the necessary medical reports (such as the Operative Report) to submit a claim by the deadline.
If your Dow Corning breast implant is not removed by June 2, 2014, then you cannot apply for the Explant benefit.There is still money available to help you remove your defective Dow implants. There is money available to help you remove your defective breast implants
There have been so many drugs and devices targeting women over the years with so many ending up in FDA warnings, recalls and resulting in lawyers in the courtroom arguing for justice for 1000's of injured women. To name a few; equal and maybe far surpassing the Dow Corning Breast implant Class Action is the Prolene vaginal mesh. This device, used by OB GYN's for urinary incotinence and uterine, bladder and bowel prolapse, has been falling apart in women. The result has been pain suffering and the destruction of lives and marriages.
The failing mesh can erode thru the vaginal wall or even into the bladder or bowel, The pain is relentless and infections are ongoing. Many women are having a difficult time finding sympathetic doctors to remove the mesh as urinary incotinence returns and re prolapse occurr.
Two others are both manufactured by Bayer Pharmaceuticals. Yaz birth control pills has warnings for blood clots in young women, strokes, pulmonary embolisms and deep vein thrombosis. The latest is the popular Mirena IUD. The Mirena can stay inplanted for up to five years but can gravitate or migrate and cause uterine and abdomen perforations. The stories of lives ruined goes on and on. Even the metat on metal hip replacements like the recalled DePuy and Stryker are more detrimental to women sdue to the smaller frames.
Every day we hear about more dangerous drugs and medical devices. Our T.V's are filled with lawyer ads seeking injured women. These products like Fosamax, birth control medications and uterine devices; the transvaginal mesh and metal-on-metal hip implants all focus on women as their market. Eventually these products end up with warnings, are recalled and are consolidated in a multi-district litigation to defend 1000's of harmed women. In some cases they are fatal.
These products we see lawyer ds for include: Yaz, Transvaginal Mesh, Mirena IUD, Fosamax, DePuy Hip Replacement and others are flashing cross our T.V screens " have you been injured by" "Call th law firm of….." We encourage women to file their lawsuits, not necessarily with the lawyer they see on T.V but with a qualified experienced class action lawsuit lawyer who understands the MDL process and has experience in these matters. Be sure the lawyer you choose is not just taking your case to get his piece off the top and sending it to a"buddy".
The Breast Implant Helpline's new mission is to help all women find justice against manufacturer who choose profits over accurate warnings, and direct you to a dangerous drugs and devices lawyer for women.
Breast Implant Helpline is helping women with their SFDCT claims. Do you need a Dow Corning SFDCT lawyer? Call us now.
How much can my attorney charge?
Pursuant to Section 5.10 of the Amended Joint Plan of Reorganization, the fees and expenses of an attorney representing any claimant who receives payment from the Settlement Facility are limited to the following:
The fees shall not exceed the sum of:
(a) 10% of the first $10,000 paid to the claimant
(b) 22.5% of the next $40,000 paid to the claimant
(c) 30% of the amount in excess of $50,000 paid to the claimant
Your attorney is allowed to charge actual expenses incurred in representing you. For more information on allowed attorney fees and expenses, refer to the Amended Joint Plan of Reorganization, The Claimant Information Guide, section 9.01 of Annex A To Settlement Facility and Fund Distribution Agreement and the Agreed Order Adopting Q&As Regarding Article IX of Annex A, The Claims Resolution Procedures.
If you are registerd with the Dow Corning Settlement Facility and are having problems with your settlement that is due you due to Dow Corning Ruptures contact us for a Dow Corning Lawsuit lawyer
Dow Corning Ruptures
Dow Corning implants were originated in the 1940’s by Dow Corning Chemical Company. The implants were found at the University of California Los Angeles in 1995 that the silicone could be expected to be a bioactive material and immunological data at the experimental level was compelling. The implants will continue to rupture and leak within 10 years of placement in 1995, yet the Commissioner stated the ruptured silicone implant would range from 5 to 51%. We do not know with any confidence where within that range the real rupture rate lies. They felt that even 5% was too high a risk to allow use of silicone in humans.
The Canadian General of Plastic Surgery found after a 12-year period of use, 40% of the 1,717 silicone Dow Corning breast implants after six years of use had a rupture rate and 95% after 12 years of use. In the Annals of Plastic Surgery in 1995, it was found that 71% of the 300 patients examined had either ruptured silicone or silicone bleed and 63% of 592 patients were found to have rupture of the Dow Corning implants. This led to the conclusion that most implants will lose their integrity of the silicone shell between 8 and 14 years, which could leave free silicone both intra and extracapsular in the breast.
In 1956, Dow Corning Chemical researchers knew that liquid silicone injected in the body will migrate to all major organs, including the spleen, liver, heart and brain. They also confirmed in 1970 silicone after injection will migrate to the bone marrow of animals and change brain weight. It also showed that silicone particulate will migraine from a human finger joint into the lymph node.
Also found by research from the ruptured Dow Corning implants was that silicone produces abnormalities in the immune system functioning. Elevated T helper cells to T suppressor cells were found. In 1992, the General Toxicology Industrial Health activities of natural killer cells were suppressed in 50% of the women with silicone implants of Dow Corning nature, putting women at a higher risk for developing other problems. Silicone produces a classifiable possible new disease within autoimmune systems. Tens of thousands of women had their implants removed after over 20 years. They sought help for their symptoms which included autoimmune dysfunction, connective tissue disorders, scleroderma and fibromyalgia; however, at this time the FDA has reviewed these symptoms as being consistent or correlated with silicone gel implants. Neither cancer or autoimmune disorders in 2012 have been shown to be associated directly with ruptured Dow Corning implants.
The settlements for the Dow Corning rupture claims resulted in over 100,000 settlements to women, permanently closed on December 15, 2010. The Dow settlement from the Dow Corning Trust Fund was processing classified claims for disease and explant benefits. The deadline to file and explant claim if you have your Dow Corning implants removed and not replaced with silicone is June 2, 2014. Deadline to file either a claim or expedited relief claim is June 3, 2019.
Dr. Linder has presented with multiple cases of Dow Corning ruptured silicone implants, including having patients referred directly from Dow Corning in Michigan. Upon taking these patients into the operating room, it was found clinically that these patients often present with severe Baker IV capsulation with hardened scar tissue contracture, visible distortion, pain and hardened, distorted, disfigured breasts. Removal of the silicone implant material is not as easy as it looks. Dr. Linder performs the incision usually either through the inframammary approach or periareolar.
After making the incision through the skin, electrocautery dissection is carried down through the glandular pocket. These implants are most commonly placed subglandular. At this time, the capsule is usually rock hard solid, thicker than chalk, and requires often a blade in order to cut through and remove it from the overlying tissue. Breast tissue itself is often difficult to find, as there is significant mastitis associated with silicone gel bleed directly into the surrounding breast tissue. Many of these patients have been seen to have complete disintegration of the shell of the thin Dow Corning implants which no longer exist. The calcifications and granulomas are extraordinary, and the difficulty in removing the entire shell is extraordinarily difficult, including the posterior wall.
Only Board Certified Plastic Surgeons should be performing open capsulectomies with silicone Dow Corning implant rupture material removal and reconstruction. When removing these implants permanently without replacement, it is important to use a drainage tube for 7 to 10 days with patients on oral antibiotics in order to prevent seroma formation. It is not unlikely that these patients will have a slightly elevated temperature over the next 7 to 10 days with associated slight toxemia from the silicone spreading through the bloodstream, especially for the first 72 hours. The challenge of removing these implants is equally as amazing as the intraoperative photographs. The following shows intraoperative photographs of ruptured silicone Dow Corning material being removed from the breast, the Dow Corning implants with the patch materials on the posterior wall, as well as the massive amounts of calcified granulomas from the capsule removed around the implant bag or internal silicone viscous liquid.
Finally, in 1992, the FDA approved adjunct study protocols for silicone gel implants for reconstruction revision patients. In 1995, major manufacturers of silicone and other implants, including Dow Corning Corp. have faced over 19,000 legal suits for defective breast implants which forced Dow Corning into filing bankruptcy. The FDA has now approved implants of silicone nature for women 22 years of age and older, as well as all women having breast reconstruction for cancer purposes. They do warn women that there are certain risks involved, including rupture, encapsulation, scar tissue contracture, and the requirement for replacement of the implants due to non-lifetime devices. The indications of a ruptured Dow Corning implant are similar to those of the other gels, including severe breast pain, chemical sensitivity, achy or swollen joints, fatigue, rashes, swollen breasts, loss of upper pole fullness, increased pain or scar tissue contracture, fever, erythema and redness.
courtesy of Dr Linder a Plastic Surgeon who may be able to help you.