Breaking News - Now that the Dow Plan has started, there are many areas of concern that are involving many claimants.

BREAKING NEWS UPDATE 9/01/04

Now that the Dow Plan has started, there are many areas of concern that are involving many claimants. If you have any of the following problems, we may be able to help you:

1.	DID YOU RECEIVE CRONIN IMPLANTS AFTER 1971 AND THE SFDCT HAS REJECTED YOUR PROOF?
2.	DID YOU RECEIVE A LETTER FROM THE SFDCT, SAYING YOU MAY NOT BE ABLE TO PARTICIPATE IN THE DOW PLAN UNLESS YOU HAVE A “MATCH” TO A CO-DEBTOR CLAIM UNDER RULE 3005? (MANY CLAIMANTS HAVE RECEIVED THIS LETTER EVEN THOUGH THEIR PROOF DOCUMENTS HAVE BEEN ALREADY ACCEPTED)
3.	THE AFFIDAVIT YOUR DOCTOR SIGNED SAYING YOU RECEIVED DOW CORNING IMPLANTS, HAS BEEN REJECTED BY THE SFDCT?
4.	YOUR CLAIM WAS SETTLED IN THE MDL-926 CLASS AT 50%, AND THE SFDCT IS NOT ACCEPTING YOUR DOW PROOF DOCUMENTS, THAT WILL ALLOW YOU TO OBTAIN THE REMAINING 50%?
5.	HAVE YOU BEEN CLASSIFIED IN A DIFFERENT CATEGORY, WHEN YOU SHOULD BE CLASSIFIED IN CATEGORY 5?
6.	DID YOU ACCEPT THE $2,000 EXPEDITED PAYMENT (HAVE NOT CASHED THE CHECK) AND HAVE CHANGED YOUR MIND AND WANT TO MAKE A DISEASE CLAIM INSTEAD? IF SO, HAS THE SFDCT INFORMED YOU THAT IT WAS TOO LATE TO DO SO?

We have received quite a bit of correspondence from Claimants who are having the above problems, which has also affected many of our clients. We have noticed that the SFDCT/DOW CORNING has accepted Cronin implants after 1971, but on an inconsistent basis. We are filing Appeals on behalf of our clients to have this inconsistency addressed and corrected.

If you received a Notice of Intent Survey from the SFDCT saying you may not be able to participate unless you match a co-debtor claim under Rule 3005, did you know if you file a claim now in the MDL-926 Class Action, this should resolve the problem? Please do not ask me to explain this silly complicated rule that does not make sense.

If the Affidavit from your doctor has been rejected by the SFDCT, under certain circumstances the Affidavit can be amended, so the affidavit will be accepted by the SFDCT.

The most unfair portion of the MDL-926 and Dow Corning Class Action, has to do with claimants who received an implant covered under the MDL-926 Class Action and received a settlement based on 50%, because they also “allegedly” received a Dow Corning implant. There are many cases where the SFDCT is not accepting the claimants Dow Proof, and the MDL-926 Claims Administrator refuses to honor the settlement at 100%!

I have discussed this matter with Federal Judge U.W. Clemon, who is aware of this problem, and it is my understanding that the Claimant Advisory Committee will be meeting with Judge Hood to discuss this issue. Unless there is a resolution or new rule that comes from Judge Hood’s office, my office plans on forcing this issue by filing Appeals with the MDL-926 Claims Office, and the Court if necessary, to get a formal ruling on this matter.

Ever feel no one is listening to you when you are trying to convince the SFDCT that you should be in Category 5 and not some other category because you have proof you received a Dow Corning implant? You are not alone. You have to be persistent in communicating with the SFDCT to make these changes. If you are not receiving a response, you do have certain options at your disposal?

Have you decided to accept the $2,000 Expedited Settlement Benefit, and then changed your mind? If so, and you have not cashed the check, you still can make a disease benefit claim, REGARDLESS OF WHAT THE SFDCT HAS BEEN INFORMING YOU.

If you are having any of the above problems, you can contact our office or fill out a Contact Form and email to our office.