claims and info re: silicone/saline

[Guest guest]

Read especially #7!!

EXPLANTATION PAYMENT OPTION

Q28. What is the Explantation Payment Option?

A28. If you had your Dow Corning breast implants removed anytime

after December 31, 1990 and within 10 years of when the Plan goes

into effect, then you may be eligible for a $5,000 explantation

payment for domestic claims. If you were or are reimplanted with

silicone gel breast implants, then you cannot recover this explant

money. You can recover the explant money if you were reimplanted

with saline breast implants.

(For more information on this topic, go to pages 3 and 78 in the

document entitled " Disclosure Statement " )

Q29. How long will the Explantation program last?

A29. Claimants have 10 years after the Plan goes into effect to have

their Dow Corning breast implant removed and to file documents

supporting this claim.

Q30. What documents do I need to file to get an explantation

payment?

A30. You do not need to file anything at this time. If the Plan is

approved, you will be provided an Explantation Form which you must

complete. Detailed instructions will be given to you on what to do

and where to send your documents.

(For more information on this topic, go to pages 3 and 78 in the

document entitled " Disclosure Statement " )

Q31. Do I have to be explanted before I can get the Explantation

payment?

A31. Yes.

Q32. What if I can't afford to be explanted? How can I ever

participate in the Explantation Payment Option?

A32. The Plan provides a procedure to allow you and the Claims

Office to make arrangements with your doctor or hospital in advance

so you can be explanted and have the payment for the procedure go

directly to the health care provider.

RUPTURE PAYMENT OPTION

Q33. What is the Rupture Payment Option?

A33. If one or more of your Dow Corning silicone gel breast implants

has ruptured, you may be eligible for the Rupture Payment. Only

claims for ruptured Dow Corning breast implants will be paid. Also,

it must be a rupture of a silicone gel implant, or the gel portion

of a double-lumen implant. Ruptured saline implants are not

eligible.

Rupture claims for domestic claimants that are approved will receive

a $20,000 Base Payment and, if enough money is available, an

additional $5,000 Premium Payment.

Q34. What is the deadline for the Rupture Program?

A34. All documentation of the ruptured Dow Corning silicone gel

breast implant must be submitted by the second anniversary of the

date the Plan goes into effect.

Q35. What documents do I need to file to get a Rupture Payment?

A35. You do not need to file anything at this time. If the Plan is

approved, you will be provided with a Rupture Form which you must

complete. Detailed instructions will be given to you on what to do

and where to send your documents. Generally, you will need your

operative report and, if available, a pathology report.

Q36. What is the definition of " rupture " ?

A36. The definition of rupture is identical to that used in the

Revised Settlement Program. Your documents must describe a tear or

other opening in the envelope surrounding the silicone gel lumen.

(For more information on this topic, go to pages 4 and 78-79 in the

document entitled " Disclosure Statement " )

Q37. Do I have to be explanted to recover a Rupture Payment?

A37. Yes. However, the Plan recognizes a limited exception if a

claimant's doctor documents a specific serious chronic medical

condition that precludes explantation surgery and documents by MRI

that the implant is ruptured.

(To read more about this exception, go to page 79 in the document

entitled " Disclosure Statement " )

DISEASE PAYMENT OPTION

Q38. What is the Disease Payment Option?

A38. Breast implant claimants may apply and, if eligible, receive

payments for certain listed diseases. There are two disease options -

Disease Option I allows Claimants to qualify based on the disease

criteria in the original global settlement. These diseases include

both classic and atypical presentations of Scleroderma, Systemic

Lupus, Polymyositis, Dermatomyositis, Mixed Connective Tissue

Disease, Overlap Syndrome and Sjogren's Syndrome. The category also

includes Atypical Neurological Disease and ACTD.

The second option is Disease Option II - which is identical to the

criteria in the Long Term Benefit Schedule of the Revised Settlement

Program. In general, these criteria are much more restrictive than

those in Disease Option I.

Women who qualify under Disease Option I will receive base payments

ranging from $ 10,000 to $50,000 for domestic claimants, depending

on the level of their disability. The disability definitions are the

same as in the original global settlement.

Women who qualify under Disease Option II will receive base payments

ranging from $75,000 to $250,000 for domestic claims depending on

the severity of their disease. The severity criteria are the same as

the Long Term Benefit Schedule criteria under the Revised Settlement

Program.

Q39. Are there any additional payments for approved disease claims?

A39. The Plan provides that, if sufficient funds are

available, " Premium Payments " can be made to those claimants whose

disease claims are approved. The Premium Payments are up to an

additional 20% of the original approved amount. This means that if

you qualified under Disease Option I Disability Level C for

S10,000, you would be eligible to receive an additional 20% or

$2,000 as a Premium Payment.

Q40. Are Premium Payments available under Disease Option I and

Disease Option II?

A40. Yes, if sufficient funds are available.

Q41. Do I have to pick a Disease Option now?

A41. No. You do not need to do anything at this time except vote. If

the Plan is approved, you will be provided forms and materials to

file a disease claim. Detailed instructions will be given to you on

what to do and where to send your documents.

Q42. I already submitted my disease materials to the Claims Office

in Houston. Will these be considered, or do I need to resubmit the

materials?

A42. After you have submitted your Participation Form, you may rely

on materials you submitted to the Claims Office in Houston. You do

not have to resubmit anything. You may also submit new materials

that you wish the Claims Office to consider. You do not have to

submit anything at this time.

Q43. Is there a distinction between " Current Claimants " and " Other

Registrants " such as in the Revised Settlement Program?

A43. No. If you participated in the Revised Settlement Program, that

status does not apply to your status in the Joint Plan. All

claimants may use the original global settlement disease criteria to

qualify for a disease payment.

Q44. If I have breast implants from Dow Corning and a silicone gel

breast implant from either Bristol, Baxter or 3M, can I still

participate and get benefits?

A44. Yes, you can participate. However, the disease portion of your

payment will be reduced by 50%. The reduction applies only if the

Bristol, Baxter or 3M breast implant is a silicone gel breast

implant. If you also had an approved rupture as a Current Claimant

in the RSP, and you have another approved rupture under the Plan,

your rupture payment will be reduced by 50%.

Q45. What if I have or had breast implants from Dow Corning and from

another company such as McGhan, -Uphoff or Bioplasty? Will my

disease claim be reduced by 50%?

A45. No. The 50% reduction applies only if your other implant(s)

were/or are from Bristol, Baxter of 3M.

Q46. If I recover Disease Option I benefits now at level " C " and

later become more ill, can I recover additional compensation?

A46. There is a fund for claimants who elected and qualified for

Disease Option 1 from which they may recover additional compensation

if they become totally disabled and meet the criteria for disability

Level A in the future. This is called the Disease Option I Increased

Severity Fund. Up to $15 million (in today's dollars) is available

to pay these claims. Claimants who become more ill but do not meet

the disability criteria for total disability (Level " A " ) will not

receive any additional compensation.

Q47. Is there an increased severity payment for Disease Option II

claims?

A47. Yes. Claimants who originally qualified for a Disease Option II

payment and who later qualify for a higher compensation level -

based either on a new compensable disease or an increased severity

of an existing disease - may be eligible for additional

compensation.

Q48. What if I don't have a Disease claim?

A48. If you do not currently have a Disease claim, you may elect to

receive an Expedited Release payment of $2,000. If you elect the

payment, you will waive the right to receive a disease payment in

the future. It is called a release payment because you are releasing

your right to the disease claim forever. You will still be eligible

to apply for the Explantation and Rupture options.

Q49. How long do I have before I must decide whether to take the

Expedited Release Payment?

A49. This program will be available for the first three years after

the Plan goes into effect. After that, the Claims Administrator may

continue the program.

Q50. I have saline Dow Corning beast implants. Am I eligible for

Disease payments?

A50. Yes.

FOREIGN CLAIMANTS

Q51. I am not a U.S. citizen. Am I a domestic or a foreign claimant

under the Plan?

A51. Claimants who are not citizens of the United States and who are

not " resident aliens " within the United States, Puerto Rico, the

territories and possessions of the United States, or a United States

military facility (referred to as the Greater U.S.) are treated as

foreign claimants under the Plan.

Q52. Are the compensation options described above available to

foreign claimants?

A52. Yes. Foreign claimants who are not covered by the separate

settlements in Canada or who do not accept the separate settlement

offer for claimants from Australia are eligible to receive all three

types of compensation - Explantation, Rupture and Disease or

Expedited Release.

Q53. Are the compensation amounts the same for domestic and foreign

claimants?

A53. While the qualification standards and criteria are the same for

both domestic and foreign claimants, the payment amounts for foreign

claimants are adjusted in recognition of the lower compensation

generally paid for tort claims outside the United States.

Q54. I am a citizen of Canada. What settlement class do I fit in?

A54. Generally, you are part of Class 6. There are three subclasses

for Canadians, depending on the province in which you reside. Most

residents of Quebec are in a subclass 6A and are covered by a

separate class action settlement in Quebec.

Most residents of Ontario are in a subclass 6B and are covered by a

separate class action settlement filed in the province of Ontario.

Most residents of British Columbia and the remaining provinces are

in subclass 6C provided that (1) they do not opt out of the separate

class action in British Columbia, or (2) they are residents of any

province of Canada other than British Columbia, Quebec and Ontario

who timely elect to be bound by the class action.

Each of these subclasses - Class 6A, 6B and 6C - has settled

separately with Dow Corning and their claims will be treated in

accordance with their separate settlement agreements. Claimants who

opted out of their provinces' separate settlements are treated in

Class 6.1.

(For more information on this topic, go to pages 57 - 59 in the

document entitled " Disclosure Statement " )

SPOUSES AND CHILDREN

Q55. My wife has Dow Corning breast implants. Is there a separate

recovery for me or for children?

A55. No. Payments to women with Dow Corning breast implants include

all claims by that woman, her spouse and her children (except for

children's direct claims for injuries). There is no separate

recovery or compensation for spouses.

Q56. Can I or a guardian for my child pursue the child's claim for

injuries under this Plan?

A56. Yes. Although, there is no compensation offered for children's

direct claims in the Settlement Facility, children's claims may be

pursued in the Litigation Facility.

(For more information on this topic, go to pages 7 and 81 in the

document entitled " Disclosure Statement " )

OTHER IMPLANT CLAIMANTS

Q57. I do not have a breast implant, but I do have another type of

an implant manufactured by Dow Corning, such as a TMJ implant, or a

hip or finger joint implant. Do I receive any compensation?

A57. People filing claims for other Dow Corning implant products may

be eligible to receive compensation out of a total fund of $36

million (in today's dollars) within the larger amount being made

available to resolve tort claims. Generally, you will receive

compensation if you can show that you had a Dow Corning implant that

broke during normal usage, or which caused certain other localized

injuries. These payments include $5,000 for certain small joint

implants such as for wrists, toes, and for chin, facial, nasal,

testicular, penile and TMJ implants. The amount of $7,500 is for

qualifying knee implants and $10,000 for qualifying hip implants and

more severe TMJ injuries.

There is also an Expedited Release Payment for these other products.

This option may be appropriate for people with non-breast implant

claims who do not provide medical records to apply for higher

payments. The only qualification for this $1,000 payment is to

demonstrate that the implant was manufactured by Dow Corning. If you

accept this payment, you cannot apply for the higher scheduled

payments.

(For more information on this topic, go to pages 5-6 and 83 in the

document entitled " Disclosure Statement:)

Q58. How do I find out if my other type of implant is covered by the

Plan?

A58. Detailed information about brand names will be provided to you

with your claim form. For more information, review the document

called the Dow Corning Settlement Program and Claims Resolution

Procedures. See Question 1 for information on getting this document.

Q59. I have both a Dow Corning breast implant and a Dow Corning hip

implant. Can I recover for each of these implants?

A59. Yes.

Q60. I have a Dow Corning hip implant and another non-breast

implant. Can I recover for each of these different types of

implants?

A60. If you elect the Expedited Release Payment, then you may not

recover for more than one implant type. If you can document a

Medical Condition for each different type of implant, then you can

recover for each implant type.

SILICONE MATERIAL CLAIMANT FUND

Q61. I received a silicone gel breast implant from -Uphoff in

1981. Can I recover anything under this Plan?

A61. Yes. Anyone implanted between 1/1/76 and 12/31/91 who received

a silicone gel breast implant from any of the following

manufacturers may apply for either Disease or Expedited Release

compensation from a separate subfund called the Silicone Material

Claimant Fund. The manufacturers are: Baxter, Bioplasty, Bristol

Myers, -Uphoff, and Mentor. To determine if one of your breast

implants can be identified as coming from one of these five

companies, review the document called the Dow Corning Settlement

Program and Claims Resolution Procedures. See Question 1 for

information on getting this document.

Q62. I have a Mentor silicone gel breast implant and a Dow Corning

breast implant. Which fund am I covered by?

A62. You are covered for your Dow Corning breast implant. You will

be eligible to apply for Explantation, Rupture, and Disease or

Expedited Release payments. You will not be eligible to apply for

additional benefits form the Silicone Material Claimant Fund.

Q63. How much can I recover from the Silicone Material Claimant

Fund?

A63. Depending on the number of claimants who have approved claims,

you can receive up to 40% of the amount listed on the Disease

compensation grids, or if you do not have a Disease claim, you can

recover an Expedited Release payment.

Q64. Can I get money for explantation for my Bioplasty implant from

the Silicone Material Claimant Fund?

A64. No. There are no benefits for Explantation or Rupture under the

Silicone Material Claimant Fund.

Q65. I have only a Bristol Myers silicone gel breast implant. Can I

also recover 40% of the Disease compensation grid amount?

A65. You may apply for these benefits but the Plan requires that

you " marshal " your recoveries against Bristol Myers first. Any funds

you recover from Bristol Myers would reduce your recovery from the

Silicone Material Claimant Fund dollar-for-dollar. This means that

if you recovered any funds as a Current Claimant or from the Long

Term Benefit Program of the Revised Settlement Program, or as an opt-

out, it is unlikely that you would recover any additional Disease

compensation from this Plan.

Q66. I received a saline implant, can I recover from the Silicone

Material Claimant Fund?

A66. No. Only silicone gel breast implants are covered under the

Silicone Material Claimant Fund. Also, the implant must have been

implanted between 1/1/76 and 12/31/91.

Q67. How much money has been set aside to pay all of the approved

Silicone Material Fund Claimants?

A67. There is a separate fund of $57.5 million (in today's dollars)

available to resolve these claims.

(For more information on this topic, go to pages 6 and 83 in the

document entitled " Disclosure Statement " )

Q68. I cannot identify my implant manufacturer. Am I still covered

by the Silicone Material Claimant Fund?

A68. No. You must be able to provide acceptable proof that you have

one of the silicone gel breast implants from Baxter, Bioplasty,

Bristol Myers, -Uphoff and/or Mentor.

Q69. I have -Uphoff silicone gel breast implants. I have already

submitted my medical records for my Disease Claim to the Claims

Office. Do I need to resubmit them somewhere else or may I rely on

my prior submission?

A69. You may rely on your prior submission. At the appropriate time,

you can also provide supplemental documents.

Q70. I have silicone gel breast implants from 3M and McGhan Medical.

Am I eligible for the Silicone Material Claimant Fund?

A70. No.

LITIGATION OPTIONS

Note: This section applies to both breast implant and non-breast

implant claimants.

Q71. I am a personal injury claimant. I want to vote in favor of

this Plan, but I don't want to settle my claim. I want to litigate

my claim. How do I do that?

A71. If you are in favor of the Plan, vote YES on the ballot and

return it so that it is received by the Balloting Tabulation Agent

by 5:00 p.m. Eastern Time on May 14, 1999. If the Plan is confirmed

by the Court, you will then be provided a " Participation Form " in

which you can elect to opt out of the Settlement Facility and into

the Litigation Facility. This will allow you to litigate your claim.

(For more information on this topic, go to pages 56 and 85 in the

document entitled " Disclosure Statement " )

Q72. How will litigated claims be handled?

A72. The Plan establishes a Litigation Facility to handle the claims

of all personal injury claimants who choose not to settle. The

Litigation Facility will be under the jurisdiction of the United

States District Court for the Eastern District of Michigan (the

district in which the bankruptcy is currently pending). We will ask

that Court to approve a case management order, already agreed to

between Dow Corning and the Tort Claimants Committee, describing

steps that will be taken to resolve claims through litigation.

The parties' intention is to preserve claimants' right to litigate

under procedures similar to those in the non-bankruptcy civil

justice system. There will also be a Special Master assisting the

Court in managing the opt-out cases.

(For more information on this topic, go to pages 9 and 84-88 in the

document entitled " Disclosure Statement " )

Q73. Will there be a common issue/causation proceeding?

A73. After the opt-out deadline, the Litigation Facility will ask

the District court to hold hearings to determine certain common

issues, including whether there is sufficient admissible evidence to

permit a jury trial as to whether silicone causes systemic diseases.

Claimants will have the right to oppose such common issue

proceedings, and the District Court will decide whether they will be

held.

Q74. Do I need to file something now to opt out?

A74. No. You do not need to do anything at this time. If the Plan is

confirmed by the Court, a Participation Form will be mailed to you.

You can opt out at that time. You will have 180 days to elect to

litigate and to return your form. It is possible that appeals will

be filed by various parties that may delay the Plan from going into

effect. Please note that if you are a claimant in British Columbia,

Canada, you have specific opt-out rights as part of your Class 6C

settlement, and the foregoing answer does not apply to you.

(For more information on this topic, go to page 85 in the document

entitled " Disclosure Statement " )

Q75. May I pursue claims against Dow Corning or Dow Chemical or

their officers, directors?

A75. No. The plan provides for a release of all claims regarding

silicone breast implants and other products against Dow Corning, its

shareholders (Dow Chemical and Corning Incorporated) and their

officers or directors.

(For more information on this topic, go to pages 11 and 89 in the

document entitled " Disclosure Statement " )

Q76. Can I pursue my claim against Dow Corning through the

Litigation Facility and pursue my claim against Dow Chemical outside

the Litigation Facility?

A76. No.

Q77. Of the $2.35 billion present value potential fund amount, how

much is allocated to pay people who choose to litigate their claim,

versus those who choose to settle their claim?

A77. There is a total of up to $400 million (in today's dollars)

that will be used to fund litigation for all personal injury tort

claims, including payment of defense costs of the Litigation

Facility.

(For more information on this topic, go to pages 10-11 and 77 in the

document entitled " Disclosure Statement " )

CLAIMS PROCESSING

Note: This section applies to both breast implant and non-breast

implant claimants.

Q78. Where will the Claims Office be?

A78. The existing Claims office for the Revised Settlement Program

in Houston, Texas will process the claims of settling claimants

under this Plan. There will be a new claims administrator appointed

to oversee the processing of these claims.

(For more information on this topic, go to pages 3, 7 and 8 and 73-

84 in the document entitled " Disclosure Statement " )

Q79. Should I mail my claim documents and medical records to the

Claims Office now?

A79. You should not mail these materials to the Claims Office in

Houston yet. You are not required to do anything unless, and until,

the Plan becomes effective. The Claims Office will not process any

claims or documents until the Plan is confirmed and becomes

effective.

Q80. I submitted my medical records to the Claims Office in Houston

in 1994. Can I still use those records or do I have to resubmit

them?

A80. Once you have submitted your participation form, you may rely

on your prior submission. You will also be given an opportunity to

supplement your prior submission with any new or recent medical

records.

Q81. Will there be a Claims Assistance Program to assist claimants

like there was in the Revised Settlement Program?

A81. The Plan provides that the Claims Office will set up a Claims

Assistance Program to assist Claimants with completing their forms

and identifying the manufacturer of their implants, and to answer

questions about the status of their claim. The Claims Office will

send Notification of Status letters to each claimant once his or her

claim has been valuated.