Breaking News 09/07 - Dow Corning Law - Breast Implants

BREAKING NEWS UPDATE 09/24/07

CONDITIONAL CLAIMANTS ARE NOW ELIGIBLE TO MAKE CLAIMS FOR EXPLANT, RUPTURE AND EXPEDITED BENEFITS

A “Conditional Claimant” also known as a “NOI Claimant” is a claimant who filed their Notice of Intent form (NOI) or Proof of Claim form (POC) after November 20, 1999 (which is the date the bankruptcy court approved the Joint Plan of Reorganization of Dow Corning) and before August 20, 2004 (the deadline to file an NOI form).

A “Conditional Claimant” was also someone who may have filed their Notice of Intent form before the November 30, 1999 deadline, but did not file a Proof of Claim form pursuant to Paragraph 10 of the Confirmation Order.

If you are a Class 5 claimant and have already received the $5,000 Explant Benefit, $20,000 Rupture Benefit or $2,000 Expedited Benefit, then you are not a “Conditional Claimant” and this information does not apply to you.

Up until now, Conditional Claimants were only eligible to make a disease claim, but were not eligible to make an Explant, Rupture or Expedited Claim. On September 7, 2007, Judge Hood signed an Order that now will allow Conditional Claimants to become eligible for Explant, Rupture or Expedited Benefits.

According to the information posted by the Claimant Advisory Committee, the maximum amount available to pay all NOI Claimants for Explant and Rupture claims is $30 million dollars. Based on the data and analysis that was done by the Independent Assessor and the report of the Claims Administrator, this amount is estimated to be sufficient to pay all unmatched NOI claims for Explant and Rupture in full.

However, there is no guarantee that payments will be made in full for Rupture claims for NOI Claimants. In the event the $30 million dollars is not enough, then Rupture and Explant claims by NOI Claimants (but primarily Rupture claims) may be reduced pro rata. The Claimant Advisory Committee recommends that all NOI Claimants accept this settlement, taking into account the benefits and risks.

NEW DEADLINES FOR EXPLANT AND RUPTURE CLAIMS FOR NOI CLAIMANTS ONLY

NOI Claimants will have only “ONE YEAR” to submit a claim for Explant and Rupture benefits. This means that you must have your Dow Corning breast implants removed and your Explant and Rupture claim forms sent to the Settlement Facility within the next year to qualify for these benefits.

Please note that the deadline for making an Explant Claim for a NOI claimant is shorter than the Explant Deadline for NON NOI claimants, who have 10 years from the Effective Date of the Dow Plan in which to file an Explant Claim. The Explant Assistance Program is also available to NOI Claimants. This extension of time is only for NOI Claimants and does not extend the Rupture Deadline of July 1, 2006 for NON NOI Claimants.

If you are a Class 5 claimant who is also a “Conditional Claimant” or “NOI Claimant” and has had a Dow Corning implant removed that was documented in the Operative Report as being ruptured, and you have not yet filed a Rupture Claim, you need to do so now before the deadline. Even if you have already settled your Disease Claim, you are still eligible to file a Rupture claim within the above noted deadline.

If you have any questions regarding your rights as a Conditional or NOI Claimant, please feel free to contact our office.