POST:Re: Dow Corning Claimants ~~ Letter/petition to Judge Hood

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kathynye@... wrote: Date: Tue, 08 Aug 2006 18:01:18 -0400From: kathynye@...Subject: POST:Re: Dow Corning Claimants ~~ Letter/petition to Judge Hood kathynye@... Hi Kathy, Your lawyer gave his synopsis without mentioning the tie in to the MDL. I'm sure it's about the fact that the Dow Claims Administration is trying to, not only be more harsh, but use the Question and Answer booklet from the MDL, which included a change in wording to "and self-care." Our lawyers are saying that the MDL claims were rarely ever processed the way the Q and A booklet was changed to say "and self-care." The fact that most claims were never

processed as that booklet said goes in our favor in saying that there really was almost no change in processing MDL claims. In effect, the MDL didn't really change. Of course Dow's attorneys want to say the change was officially made because of some rulings by Judge Pointer and a Judge Clemons (who agreed to the change in the MDL booklet). Dow is trying to say the Dow Plan is supposed to follow the MDL and the MDL changed to "and self-care." Our lawyers are saying, but even though the MDL changed their Q and A booklet and processed a few claims that way, it never really took effect and 95% of all claims were handled the original way as "or self-care." The unfairness of how Dow is handling all of their claims regarding disability, not only is unfair to claimants who only had Dow implants because they expected to be treated the same in processing as the MDL, but -- Many attorneys who have claimants in both the MDL and the Dow are saying that the harsh change also makes it so their clients who were accepted in the MDL at a certain claim level, are now being rejected for the same claim in the Dow settlement. You could see this explained in what our lawyers submitted to Judge Hood, as well as seeing the examples of how harshly Dow is treating claimants, by going to the link at www.tortcomm.org and clicking "Pending Motions" IF ANYONE

COULD GET THEM TO PUT THE MOTIONS THERE AS THE JULY 7, 2006 CAC NEWSLETTER gives these instructions. If we go to the website at Pending Motions and cannot find the motions on "disability" (key word), you could then go to "Contact Us" and ask them to get it up there as listed in the newsletter. It is the CAC's Reply brief DATED JUNE 29, 2006 and it is especially important that it include ALL EXHIBITS. Dianna Pendleton had asked their webmaster to get it up right when they sent the newsletter out, but it has not been done for a month so far. Maybe if we each go there and write to the "Contact Us" link we can get them to finally get it up there. Check out AOL.com today. Breaking news, video search, pictures, email and IM. All on demand. Always Free.