Fw: Important Info from Tort Claimant Committee on Dow Bankruptcy

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----- Original Message ----- From: ilena rose

ilena@...

Sent: Tuesday, September 23, 2003 4:56 PM

Subject: Important Info from Tort Claimant Committee on Dow Bankruptcy

http://www.tortcomm.org/

Welcome to the Tort Claimants Committee website, last updated on September 18, 2003.Current EventsSEPTEMBER 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 thru 1986. It is Dow Corning's historical understanding that Dr. Rubin worked solely with DCC. Credible, contemporaneous documents identifying the claimant¹s breast implants as ³Rubin² implants, ³Rubin Design² implants or ³Q7-2573 implants would be deemed Acceptable proof of manufacturer for implant s implanted between 1984 and 1986. Any claim outside these years containing the terms ³Rubin², ³Rubin Design² or ³Q7-2573² should employ the waiver/IRP process. Second, Dow Corning has acknowledged that approximately 50 breast implant claimants were implanted by Dr. Ben 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 or believe that you were a participant in the Ben clinical study, call the Claims Assistance Program toll free within the U.S. and Canada at 1-866-874-6099 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 866-874-6099 for more information. If you or your physician 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, regrettably, resigned. The Claims A dministrator for the Settlement Facility - Dow Corning Trust is "" Trachte-Huber. She has served as Claims Adminstrator 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. SEPTEMBER 18, 2003:On September 15, 2003, the Court of Appeals for the 11th Circuit issued an opinion in the MDL 926 Silicone Gel Breast Implant Litigation regarding the claims of the U.S. Government. THAT DECISION DOES NOT AFFECT DOW CORNING CLAIMANTS IN THE DOW CORNING BANKRUPTCY BECAUSE OF A SETTLEMENT WITH THE U.S. GOVERNMENT THAT WAS APPROVED BY U.S. DISTRICT COURT JUDGE HOOD IN 2002. We are reporting the decision for those implant claimants who do not have a Dow Corning breast implant but who were implanted wit h either a Bristol, Baxter or 3M breast implant who have recovered compensation from the Revised Settlement Program.The 11th Circuit ruled that the District Court erred in dismissing the claims of the U.S. Government. The U.S. Government sought to recover for medical bills it paid on behalf of Medicare beneficiaries who received treatment related to silicone breast implants. The effect of the ruling is to send the case back to the District Court in Alabama.We want to again stress that this ruling will NOT affect Dow Corning Breast Implant Claimants in this bankruptcy case. You can read or print a copy of the opinion by going at the 11th Circuit Court's website: www.ca11.uscourts.gov/opinions/ops/200116782.pdf (PDF, 224Kb).

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