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BREAST IMPLANT LITIGATION DOW CORNING CLASS ACTION

Mr. Parks has settled hundreds of claims in the Dow Corning Class Action. He understands the difficulty a woman can have in settling their claim and through his experience he is able to find solutions which lead to compensation under the Dow Corning Plan. Mr. Parks understands the pain you are experiencing in your daily life and he is here to help you. Women with Dow Corning silicone breast implants rely upon Mr. Parks because he specializes in helping women simplify the choice of more than 15 different complex settlement options. Mr. Parks will assist all women with Dow Corning silicone breast implants to accept the right settlement payment for their situation. Contact Mr. Parks to find out if you are eligible to receive compensation under the Dow Corning Plan. The consultation is free and if your claim is accepted by Scott Parks & Associates your claim is handled on a contingency fee basis with no up front money.

Questions? View our FAQ page

NEW RULINGS

On June 12, 2009, the Honorable Denise Hood ruled on two pertinent issues brought before the bankruptcy court:

  1. A motion concerning application of the Disability A standard (the and/or dispute), The Settlement Facility for Dow Corning Trust inability to work and take care of one's self is required for a high payout category even though the rules say only a woman need only show either that she cannot work or take care of herself.

    This ruling is extremely beneficial to any claimant who was denied the Disability Level A because of insufficient disability in either vocation or self-care. Previously, the SF-DCT had been denying claimants who could not work as a result of their disabilities yet demonstrated “adequate” self-care, and had been denying those who could work (part-time or full-time) yet could not care for themselves at home. Now, any claimant who is deemed completely disabled by the reporting physician in vocation or self-care is eligible for Level A compensation under the ruling. The ruling will also be applied retroactively to any claim that was unjustly denied.
  2. A motion concerning whether tissue expanders are breast implants eligible for the SF-DCT.

    Tissue expanders were ruled eligble for payment. This ruling applies to any person implanted with Dow Corning Wright Silastic Tissue Expander (aka Silastic Percutaneous Tissue Expander) in one or both breasts. Before the ruling, it was argued that these tissue expanders did not qualify as “breast implants.” On June 12, 2009 the court found “that a tissue expander specifically designed for implantation in the breasts and implanted in the breasts meets the definition of ‘Breast Implant’ under section 1.17 of the Plan.” (“The Plan” refers to the Amended Joint Plan of Reorganization, which became effective June 1, 2004.)

 

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DOW DEADLINES

Final Cure Deadline for ACTD by July 09, 2009
Explant Claim Submission Deadline by June 02, 2014
Disease or Expedited Release Submission Deadline by June 03, 2019

Some Common SYMPTOMS

- Pain and fatigue

- Joint pain

- Muscle pain

- Positive ANA
- Rashes
- Dry eyes

Are you experiencing ANY OF the following symptoms?

- Joint pain
- Muscle pain
- Hair loss
- Chronic fatigue/ loss of energy
- Memory loss
- Rashes
- Photosensitivity
- Bladder irritability
- Problems sleeping
- Tingling or burning in the extremities
- Dry eyes/ dry mouth

Women who had breast implants and are experiencing these symptoms should contact Mr. Parks to find out if they are eligible for compensation under the Dow Corning Class Action.

 

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SFDCT Cumulative Claims Payments as of April 30,2009

The SFDCT released their cumulative payments for all classes on April 30, 2009. The total payments, including payments for rupture, explant, expedited, and disease claims totaled $1,091,835,063.53 for all classes, made up of 106,549 claims. There is close to $2 billion left!

CLAIMS PROCESSING UPDATES

The Claims Administrator recently reported that processing for claims in Disease Option 1 (Classes 5 and 6) is essentially current. If you have a Disease Option 1 claim that is ready to submit, now would be a good time to submit it because the wait time is minimal. The Settlement Facility is currently reviewing Requests for Additional Information (RAI's) (documents submitted to cure a deficiency) that were submitted in June 2008.

The Settlement Facility is processing GCTS claims submitted in March 2006, and Requests for Additional Information for GCTS claims submitted in February 2008.

The Settlement Facility is processing SLE claims submitted in June 2007, and Requests for Additional Information for SLE claims submitted in March 2008.

The Settlement Facility is essentially current in reviewing claims for Polymyositis, dermatomyositis and Scleroderma.

OTHER CLAIM ISSUES

There are approximately $3.9 million in stale checks issued to 950 claimants. These checks were not cashed because in many cases claimants had moved and did not provide a current address to the Settlement Facility. It is extremely important to keep your address and contact information current with the Settlement Facility and your attorney if you are represented. If you move, let the Settlement Facility know by sending them a letter with your current address and contact information.

Another reason why there are so many uncashed checks is because sadly claimants have died and their families do not know about the claim or do not know that they can still pursue a claim. Benefits can be paid to a claimant's estate and heirs.

 

Questions? View our FAQ page

 

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