Fw: How does the TCC/MDL get paid?

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----- Original Message -----

From: " Gail Hamilton (by way of ilena rose) " <gail@...>

<Recipient List Suppressed:;>

Sent: Wednesday, April 03, 2002 2:12 PM

Subject: How does the TCC/MDL get paid?

> Hi Ilena, please post if you think this message is helpful to others.

> gail -----

>

> Original Message -----

> From: DPEND440@...

> gail@...

> Sent: Wednesday, April 03, 2002 1:05 PM

>

> Subject: Re: How does the TCC/MDL get paid?

>

> The response to your inquiry is two-part.

>

> First, there is a settlement in the MDL involving breast implants made by

> Baxter, Bristol, 3M and Post 8/84 McGhan Medical. In the MDL settlement,

> a grid was set by the above-named companies and anyone who qualified was

> paid the grid amounts. From those grid amounts -- for example, a $10,000

> disease payment -- attorneys could collect a portion.

>

> The attorney fee schedule was: 10% of the first $10,000 recovered; 22.5%

> of the next $40,000 recovered; and 30% of any amount recovered above

> $50,000.

>

> No other attorney fees were allowed from a claimant's grid compensation.

>

> To cover the costs of the MDL litigation -- such as expert witnesses,

> depositions, etc., MDL Judge Pointer ordered Baxter, Bristol and 3M to

pay

> an additional amount into a common benefit cost fund. For every woman

who

> recovered compensation in the MDL, the defendants named above had to pay

> an additional 6% into the cost fund. This fund was then used to repay

> expenses incurred by those lawyers who took the depositions, reviewed

> documents, etc.

>

> If a woman opted out of the MDL settlement, then the above attorney fee

> limits did not apply. The woman was bound by whatever contract for fees

> that she entered into with her attorney.

> In the Dow Corning case, there is no common cost fund. There are the

same

> limits on attorney fees though:

> 10% of the first $10,000 recovered; 22.5% of the next $40,000 recovered;

> and 30% of any amount recovered above $50,000.

>

> There are no attorney fees allowed on the $5,000 Explant Payment or the

> $2,000

>

> Expedited Release Payment.

>

> To date, no claims have been paid because of pending legal appeals.

There

> has also not been an opt-out deadline yet for people to choose between

> settling and litigating their case. This will come at a later date set

by

> the District Court.

>

> In response to the specific question you posed (i.e., Is it true that

> anyone who opted out and had the Dow silicone gel implants would get

$2,000

> as a settlement from Dow Corning?), the answer is:

>

> If you opt out, there are no settlements being offered by Dow Corning.

> When you opt out, you have to file a lawsuit and litigate your case in

> court. The $2,000 amount that you mentioned may be referring to the

> $2,000 Expedited Release Payment (this is a payment Dow Corning breast

> implant claimants can receive if they waive their claim to applying for

> disease benefits).

>

> You can only receive the $2,000 if you settle your case and REJECT opting

> out. If you take the $2,000 payment, then NO ATTORNEY FEES are allowed

on

> this payment. I hope this clears up the issue. If you have any

additional

> questions, please contact me directly.

>

> Sincerely,

>

> Dianna Pendleton Counsel to the TCC

>

>