CLAIMANTS WHO HAVE AN APPROVED RUPTURE CLAIM, WHICH WILL DOUBLE THEIR DISEASE CLAIM SETTLEMENT UNDER THE FIXED AMOUNT BENEFIT SCHEDULE, WILL LOSE THIS BENEFIT IF THEIR DISEASE CLAIM IS NOT SETTLED PRIOR TO 12/15/10

When it comes to Rupture Claims, the MDL-926 Class Action is structured differently than the Dow Corning Class Action. In the Dow Corning Class Action, Rupture Benefits are a separate and distinct benefit, and can be received whether or not a claimant files a Disease Claim.

In the MDL-926 Class Action, a claimant who has an Approved Rupture Claim will only receive their Rupture Benefit when their Disease Claim is settled. The deadline to file a Rupture Claim in the MDL-926 Class Action was 12/16/96. However, if a claimant (a)  filed their Rupture Claim before 12/16/96 ; (b) has an Approved Rupture Claim; (c) has not settled their Disease Claim, it is still not too late to file and settle their Disease Claim.

Only Current Claimants are entitled to receive Rupture Benefits. A Current Claimant is a claimant, who under the terms of the Global Settlement, mailed to the Claims Office by 9/16/94 a signed Registration Form and mailed to the Claims Board by 10/17/94 a completed Current Disease Compensation Form with sufficient medical documents, so as to be classified by the Claims Office as a Current Claimant.

Current Claimants can only receive their Approved Rupture Benefits if their Disease Claim is settled under the Fixed Amount Benefit Schedule. An Approved Rupture Claim “DOUBLES” a Current Claimants Disease Claim. Under the Fixed Amount Benefit Schedule, a Level C settlement is $10,000.00. With an Approved Rupture Claim, the $10,000.00 Level C settlement becomes $25,000.00.

A Level B settlement under the Fixed Amount Benefit Schedule is $20,000.00. With an Approved Rupture Claim, a Level B settlement becomes $50,000.00. A Level A settlement under the Fixed Amount Benefit Schedule is $50,000.00, and with an Approved Rupture Claim, a Level A settlement becomes $100,000.00.

Pursuant to the recent information posted by the CAC, they are working hard to have Premium Payments authorized to Dow Corning Breast Implant Claimants who have had their Disease and Rupture claims settled.

This is probably the most asked question we receive from our past clients. According to the terms of the Dow Plan, only the Finance Committee can make a recommendation to the Court to allow premium Payments. Once the CAC receives any new information on this issue, they will post it on their website or in their newsletters.

CONFUSING INFORMATION ON WHETHER A CLAIMANT CAN FILE ANOTHER DISEASE CLAIM IN THE FUTURE IF THEIR PRESENT DISEASE CLAIM WAS DENIED.

Many claimants, who have filled out our Contact Form, have informed us that their disease claim was denied and the deadline to cure the disease claim has expired. Most claims that were denied were Option One claims.

The claimant wants to know if they can make a new claim at a later date for a disease covered under Option One. We have informed claimants that they cannot apply for the same disease in the future.

The claimant can file for a new disease that manifested itself after the cure deadline for the initial claim had expired. It is very difficult to have one’s claim settled under these circumstances. A claimant would have to be diagnosed with a different disease and the disease and/or symptoms had to manifest after the deadline has expired on the initial claim. If you would like further information on this issue, please feel free to contact our office.

CLAIMANTS WHO HAVE AN APPROVED RUPTURE CLAIM IN THE MDL-926 CLASS ACTION, AND ALSO HAVE A DOW CORNING IMPLANT, WILL ONLY RECEIVE 50% OF THEIR RUPTURE BENEFITS IN THE MDL-926 AND “WILL NOT” RECEIVE THE OTHER 50% IN THE DOW CORNING CLASS ACTION.

Due to what I would call a “glitch” in the formation of the MDL-926 Class Action, claimants who have an Approved Rupture claim in the MDL-926 Class Action and also received a Dow Corning implant, will only receive 50% of their Rupture Benefits in the MDL-926 Class Action, and “will not” receive the other 50% of their Rupture Benefit in the Dow Corning Class Action.

Let me give you an example. A claimant received a $5,000 Advance Payment in the MDL-926 Class Action, so she is classified as a Current Claimant. Current Claimants are the only claimants eligible to receive Rupture Benefits in the MDL-926 Class Action. This claimant also received a Dow Corning implant, so automatically her benefits in the MDL-926 Class Action will be reduced by 50%.

This claimant now settles her Disease Claim in the MDL-926 Class Action for Level B under the Fixed Amount Benefit Schedule. Normally a Level B settlement would be $20,000.00, but with an Approved Rupture claim, the settlement now becomes $50,000.

Because this claimant also received a Dow Corning implant, the MDL-926 reduces the entire award of $50,000.00, so the claimant will receive $25,000.00.

You would think that this claimant can now go to the Dow Corning Class Action and receive the other 50% of her settlement, which would be $25,000.00. The Dow Corning Claims Board will “ignore” the fact that you had an Approved Rupture claim in the MDL-926 Class Action, as they will solely focus on the fact that your claim was settled in the MDL-926 Class Action for $20,000.00. The Dow Claims Board will only pay this claimant 50% of a Level B settlement, which would be $10,000.00.

This claimant now receives $25,000.00 from the MDL-926 Class Action and $10,000.00 from the Dow Corning Class Action, making the settlement a total of $35,000.00. Where is the other $15,000.00 the claimant should have received to make her combined settlement $50,000.00?