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PERSONAL COMMENTARY 01/12/07 |
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Medical Studies have shown that there is probably nothing that you can place in the human body that the body will not attempt to break down. Silicone implants in the body are broken down over time through a lipolysis reaction. Most silicone-filled breast implants leak or rupture within 8 to 15 years. 
FACT In 1997, The Mayo Clinic found one in four women with implants will need surgery within five years for ruptures or other disfiguring complications. FACT What effect does silicone have on the enzyme system, cell membranes, DNA damage, interference with repair mechanisms and the effect on energy production? Stephen M. Frailich, owner of the Law
Offices of Stephen M. Frailich, A
Professional Law Corporation, has been
a practicing attorney for the past 23
years. Mr. Frailich has specialized in
Personal Injury Litigation and Breast
Implant Class Action claims, and has
obtained more then $68,000,000 in
settlements on behalf of his clients.
CONTACT US
Law Offices of Stephen M. Frailich Breast Implant Law 22287 Mulholland Highway, PMB No. 409 Calabasas, Ca. 91302 (818) 223-9064 (818) 223-9062 (Fax) Visit the breast implant blog Call Toll-Free 1-800-573-3236 (24 Hour Voice Mail) E-MAIL: smflawcorp@aol.com |
SITE NEWS UPDATES Last Updated - February 21, 2008 The areas that will be covered in this newest update are as follows:
CLASS 7-SILICONE GEL MATERIAL CLAIMS Approximately 11,848 Class 7 claims have been approved for either an Expedited Release Payment ($600) or a Disease Cash Out ($3,000). The total fund is $57.5 million and $16 million has been paid out to date. The SF-DCT expects to complete all Proof of Manufacturer reviews within the next year. As POM claims are being approved, the SF-DCT will send either the Expedited Release Payment to eligible claimants who selected this option or a Disease Cash Out Offer to claimants who selected the disease review. There is approximately 10,263 Proof of Manufacturer files pending review, and 872 Disease claims pending review, mostly in Disease Option 1. At this time the SF-DCT is “not” processing Class 7 Disease claims and likely will not process any disease claims until the POM reviews are complete. BREAKING NEWS UPDATE 11/02/07 The areas that will be covered in this newest update are as follows:
IMPORTANT DEADLINE INFORMATION ON NOI SETTLEMENTS As reported in the last update, a settlement has been reached which allows NOI Claimants to have their claims for Explant, Rupture and Expedited Release processed and if, eligible, paid. If a NOI claimant has already filed an Explant, Rupture or Expedited Release, they do not need to do anything to accept the NOI Settlement. 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). 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. BREAKING NEWS UPDATE 08/10/07 The areas that will be covered in this newest update are as follows:
BREAKING NEWS UPDATE 02/10/07 The areas that will be covered in this newest update are as follows:
**Breaking Breast Implant News - 09/02/06**
READ MORE **Breaking Breast Implant News - 05/17/06** The areas that will be covered in this update are as follows:
** PERSONAL COMMENTARY - 05/10/06 ** February 27, 2006
November 4, 2005
July 27, 2005 For those of you that have been asking, here is the newest update. I will keep with my promise to “not” write in “legalese.” The areas that will be covered in this update are as follows:
APRIL 21, 2005 The areas that will be covered in this update are as follows:
The following information was obtained directly from the SFDCT, and should only be used as an approximate reference guide as to the length of time it will take for the SFDCT to process claims.
This information was obtained from the SFDCT as of March 2005. SEPTEMBER 1, 2004
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)
APRIL 12, 2004 On April 2, 2004, Judge Denise Page Hood entered an Order setting the Effective Date for June 1, 2004. This means that approved claims can begin to be paid by the Settlement Facility beginning later in June. This also means that New Claimants will only have 89 DAYS after June 1, 2004, in which to register with the SFDCT by filing a "Notice of Intent" form. If YOU HAVE NOT REGISTERED, you should do so ASAP!Once this deadline passes, no new claimants will be allowed to register in the Dow Corning Class Action. MARCH 30, 2004 The Court of Appeals for the Sixth Circuit entered an Order granting the dismissal of the Nevadan's appeal. The Court can been requested to set an Effective Date of June 1, 2004. The Effective Date has not been set yet; this is only a proposed Effective Date. When the Court rules, an update will be posted on this website. *** IMPORTANT UPDATE 3/20/04 ***
"GREAT NEWS"
We have raised approximately $330,000 in cash and pledges into the Escrow Account, notwithstanding the attempts by the TCC to pour cold water over the funding of this account. FEBRUARY 26, 2004 The Court of Appeals for the Sixth Circuit has scheduled oral argument on the last remaining Appeal for April 21, 2004. *** IMPORTANT UPDATE 2/9/04 ***
GOOD NEWS……BAD NEWS…….
POSSIBLY GREAT NEWS! As you know, the reason claimants cannot get paid at the present time while the Nevadans' Appeal before the Sixth Circuit Court of Appeals is still pending, is because Dow Corning and Dow Chemical's insistence they will not allow the bankruptcy settlement and Plan to go forward so long as "any" Appeal of the release of Dow Chemical from liability is pending. *** As of 3/20/04, there is $330,000 in the Escrow Account, from cash and pledges. GREAT NEWS! Read More *** As of 3/12/04, there is $300,000 in the Escrow Account, from cash and pledges. *** As of 3/1/04, there is $281,550 in the Escrow Account, from cash and pledges. ** UPDATE -
**On February 9, 2004, there was $30,000 plus $20,000 in pledges in the Escrow Account. As of February 18, 2004, there was $65,000 in the Escrow Account. NOVEMBER 1, 2003 On October 30, 2003, the Court of Appeals for the 6th Circuit ordered that the Nevada appeal be scheduled for oral argument "at the earliest practicable date." This is the last appeal remaining challenging the Amended Joint Plan of Reorganization of Dow Corning. As soon as this appeal is resolved, the Amended Joint Plan can go "effective" and allow claims to be paid. In related news, the Court of Appeals for the 6th Circuit rejected, for the third time, the brief submitted by the Korean claimants that challenges Judge Hood's Order allowing Australian claims to be processed in Australia. The Court of Appeals returned the brief and reset the briefing schedule. Please note that the appeal will not hold up an Effective Date once the Nevada appeal is resolved. The Korean appeal relates only to the order on the Australian processing option; it does not affect the overall appeal of the Amended Joint Plan. As soon as we receive any new information, it will be posted to this website. SEPTEMBER 29, 2003 Due to pressures from the breast implant manufacturers, the FDA plans to put silicone implants back on the market, without adequate research. In 1992, due to serious concerns about the safety of breast implants, the FDA placed restrictions on them. Most silicone gel breast implants eventually rupture, and release chemicals into the body. Silicone implants have harmed hundreds of thousands of women and cost taxpayers millions of dollars. Why is the FDA preparing to approve silicone breast implants on October 15, 2003? This is quite ironic, in the other branch of the U.S. Government is trying to collect millions of dollars from either the MDL-926 or the breast implant manufacturers or claimants who received explant benefits, for moneys paid by Medicare for explantation of breast implants. The other branch of the U.S. Government (FDA) is now considering putting silicone breast implants back on the market. You should go to www.stopsilicone.org to send an email to the FDA telling them that there is inadequate research on the safety of breast implants. You can also send the FDA information about your experiences with implants. SEPTEMBER 23, 2003 For women who have or had a Dow Corning breast implant, there are two new ways to meet "acceptable" proof of manufacturer. First, Dow Corning has acknowledged that there may be references in medical records to "Rubin" implants or labels that state, "Silastic Mammary Implant Rubin Design High Profile Contour, Q7-2573." This implant was commercially available during 1984 through 1986. It is Dow Corning's historical understanding that Dr. Rubin worked solely with DCC. Credible, contemporaneous documents identifying the claimant's breast implants as Rubin implants, Rubin Design implants or Q7-2573 implants would be deemed Acceptable proof of manufacturer for implants implanted between 1984 and 1986. Any claim outside these years containing Rubin, Rubin Design or Q7-2573 should employ the waiver/IRP process. Dow Corning has also acknowledged that approximately 50 breast implant claimants were implanted by Dr. Ben Gregory of Florida as part of a Dow Corning-sponsored clinical study. Dow Corning has supplied the names of the study participants to the Settlement Facility and acknowledged that these 50 persons will have acceptable proof of manufacturer of a Dow Corning breast implant. If you were implanted by Dr. Ben Gregory or believe that you were a participant in the Ben Gregory clinical study, call the Claims Assistance Program toll free within the U.S. and Canada at 1-866-6099 for more information. Further, if you participated in the Dow Corning Removal Assistance Program (RAP) or the Product Replacement Expense Program (PREP), then Dow Corning has provided your name and implant information to the Settlement Facility. The existing product identification protocols provide that you have acceptable proof of manufacturer of a Dow Corning breast implant. Call the Claims Assistance toll free within the U.S. and Canada at 1-866-874-6099 for more information. If you or your physicians sent your implants to Dow Corning at any time, then Dow Corning may still have the implant in its possession. Dow corning has provided a list of names of persons who sent them implants. You can call Claims Assistance to determine if your implants are at Dow Corning. If they are, then you may request that Dow Corning either return the implants to you or conduct a review to determine if Dow Corning made the implants. Contact the Claims Assistance Program for more information. In other news in the MDL proceeding in Alabama, the presiding MDL Judge U.W. Clemon announced on September 22, 2003, that the MDL Claims Administrator, Ann Tyrell Cochran, had resigned. The Claims Administrator for the Settlement Facility-Dow Corning Trust is Elizabeth "Wendy" Trachte-Huber. She has served as Claims Administrator for the Settlement Facility since December 2000. The resignation of the MDL Claims Administrator will not have any effect on the Dow Corning bankruptcy proceeding or Settlement Facility. JULY 18 2003: On July 17, 2003, Judge Hood entered an Order granting the Motion of Dow Corning to approve claim processing Australia for certain breast implant claimants. The order also overruled the objections filed by the Korean claimants. Under the terms of the motion, the Australian Claimants must file a dismissal of their appeal pending before the U.S. Court of Appeals for the 6th Circuit no later than one business day after the Order if final and non-appealable. Once this happens, then only one appeal with remain (appeal of certain Nevadan claimants). It is anticipated that the U.S. Court of Appeals for the 6th Circuit will schedule a date for oral argument in the near future, and they will issue an opinion and order." JULY 11 2003: On July 8, 2003, a hearing was held before Judge Hood on the motion by the Tort Claimants Committee and Dow Corning that would allow the processing of certain Australian claims in Australia. One objection to this motion was filed by Yeon-Ho Kim, who represented approximately 2,500 Korean claimants. Judge Hood heard oral arguments from Dow Corning and Mr. Kim and took the motion under consideration. She did not issue an opinion or order at the hearing. If the motion is granted, then the Australians who are currently pursuing an appeal of the Plan of Confirmation before the U.S. Court of Appeals for the 6th Circuit have agreed to withdraw their appeal. If they withdraw their appeal, then only one appeal will be remaining (the appeal of certain Nevada claimants). No claims can be paid until all appeals are resolved and the Effective Date of the Plan occurs. JUNE 26 2003: On June 18, 2003, the Tort Claimants Committee and Dow Corning filed a motion before Judge Denise Hood requesting approval for claim processing in Australia for certain breast implant claimants in Classes 6.1 and 7. If approved, the proposal would resolve one of the two remaining appeals pending before the United States Court of Appeals for the Sixth Circuit. MAY 2003 The Sixth Circuit Court of Appeals recently issued a schedule to submit briefs on the two remaining appeals in the Dow Corning bankruptcy case. The first brief is due on April 21 with a reply brief due by May 21, with the final briefs being due June 18th. The Court has agreed to expedite the appeals. It is not known when the Court will announce its ruling on the appeals. FEBRUARY 2003: On December 11, 2002, Judge Denise Page Hood entered an order that allows claim form packages to be mailed to all claimants and law firms during the week of February 18, 2003. These packages will contain forms for you to submit proof of your product identification and to apply for settlement benefits. DECEMBER 16, 2002: On December 11, 2002, Judge Denise Page Hood, United States District Judge, issued a 36 page opinion relating to the Sixth Circuit Court of Appeals January 29, 2002 Opinion regarding the Dow Corning Corporation bankruptcy. The Sixth Circuit previously held that non-consenting creditors may be enjoined from filing claims against non-debtors if certain factors were met. The Sixth Circuit remanded the matter for further findings on these factors. In her Opinion, Judge Hood finds that there is sufficient evidence in the record to support the release and injunction under the Joint Plan. OCTOBER 11, 2002: The United States Supreme Court ruled on October 7, 2002, DENYING the request by certain Nevadan objectors to hear their appeal. This means that the Supreme Court will not hear any appeal at this time on the Dow Corning bankruptcy Settlement Plan. SEPTEMBER 25, 2002: On September 19, 2002, the U.S. District Court entered an order approving the settlement negotiated by the Plaintiff Tort Committee and Dow Corning and the U.S. Government. The settlement resolves claims filed by various federal agencies seeking reimbursement of expenses incurred on behalf of implants claimants (e.g., claims for removal of Dow Corning breast implants incurred by Medicare or other federal agencies). The appeal involving additional findings of act on the third-party non-debtor release is still pending before the District Court. There will be an update to this page when the Court enters an order regarding the release appeal. SEPTEMBER 5, 2002: The issues of additional findings of fact that support the release of third party non-debtors in the Dow Corning settlement plan has been briefed and argued to the US District Court. The matter is presently under submission, and as soon as there is a ruling, the decision will be posted to this update page. Once the US District Court rules, there will more then likely be another round of appeals to the US Court of Appeals to the 6th Circuit. We do not know how much longer the appeals may take, as this depends on the schedule of the courts. JUNE 21, 2002: Judge Denise Page Hood conducted a hearing on Friday, June 14, 2002. The hearing concerned objections and appeals filed by certain Nevada and Australian claimants, and several other claimants who are representing themselves without an attorney. These objectors are arguing that the Dow Plan cannot legally release Dow Chemical (parent company of Dow Corning) and subsidiary companies of Dow Corning from liability for Dow Corning's breast implants. These objectors want the ability to collect money from Dow Corning in the Settlement Plan AND also be able to sue Dow Chemical and other related companies outside of the bankruptcy court proceedings. MAY 2002 My last update of 2/12/02 stated that Judge Hood held an Informal Status conference with the parties to set up its schedules to submit briefs on additional "Findings of Fact," which they were ordered to do by the Sixth Circuit Court of Appeals. However, before a final Scheduling Order could be entered, in comes the US Government who filed a "Petition for Rehearing" to the Sixth Circuit Court. The Petition asked the court to hold another hearing of the full panel to hear the arguments on whether the Joint Plan can release claims of insurers of third parties. FEBRUARY 12, 2002: JANUARY 29, 2002 The 6th Circuit Court of Appeals issued an opinion on January 29, 2002, affirming (approving) the Amend Joint Plan of Reorganization of Dow Corning. To read a copy of the opinion,
click here 6th Circuit Court of Appeals Schedules Oral Argument In a separate order, the 6th Circuit Court of Appeals denied the request of the Nevada Claimants and the United States. Both of the parties had asked for separate oral argument, for additional argument time, and for leave to have two counsel argue on their behalf. The Court denied all of these requests and ordered all parties that filed an appeal to consolidate their oral argument, limited to 30 minutes, and limited to one attorney for all appellants. At this time, the Plan of Reorganization of Dow Corning is still on appeal. The Plan will not be effective (meaning final and able to be fully implemented) until all appeals are concluded. There will not be any payment of claims until the Plan is effective. However, the independent claims office that will handle the processing and payment of claims in the Dow Corning bankruptcy case is now operational. This office will be called the Settlement Facility-Dow Corning Trust (SF-DCT). While the appeals are pending, the SF-DCT has been authorized to begin mailing claim forms and information. Judge Hood has ordered that the claim forms must be prepared by January 8, 2002 and ready for mailing at a time to be decided by the District Court. If you are a present client of the Law Office of Stephen M. Frailich and your address and phone number has recently changed, please call our office to provide us with updated information. Dow Corning Bankruptcy Since declaring bankruptcy and excluding itself from the original Global Settlement in 1994, Dow Corning has been under the protected shield of bankruptcy. Lengthy negotiations between Dow Corning and the Tort Claimants Committee resulted in the Amended Joint Plan of Reorganization ("the Joint Plan"). The Joint Plan includes the "settlement" that the attorneys for breast implant claimants negotiated with Dow Corning in the context of the bankruptcy proceedings. If you are UNSURE whether or not you have already registered your bankruptcy claim with DATICON SYSTEMS, you may still be able to file a late claim, which is called a Rule 3005 Notice of Intent to File, but you need to call 713-225-7200 IMMEDIATELY to confirm your registration.
While the Joint Plan received overwhelming claimant support (94%), and has been approved by the bankruptcy court and affirmed by the District Court, due to appeals filed by certain objectors, the Joint Plan may not begin until the last appeal is resolved. Last Updated - February 21, 2008 |
