Attorney for defective medical products in Tampa Bay, Fl

SFDCT/Settlement Criteria: Explant Claims

Explantation Payment Option: Specific eligibility criteria and terms.

X-Ray of woman with ruptured breast implantsA one-time payment of $5,000 will be paid to Eligible Breast Implant Claimants on proof of removal of a Dow-Corning Breast Implant after December 31, 1991 and on or before the tenth anniversary of the Effective Date. A Claimant may receive payment under the Explantation Payment option in addition to payments under the other compensation options available in the Dow Corning Settlement. The amount of compensation available under the Explantation Payment Option will not vary based on the amount of actual expense involved.  Breast Implant Claimants whose Dow Corning Implant(s) was/were explanted during 1991 shall not be entitled to an Explantation Payment if they received a replacement silicone gel breast implant during that explantation procedure.  Claimants whose Dow Corning Breast Implants were removed after January 1, 1992 shall not be entitled to an Explantation Payment if they received a replacement silicone gel breast implant either during that explantation surgical procedure or in any subsequent procedure.

Important: Only breast implant claimants who had their implants removed and/or replaced with "saline-filled" implants after 12/31/91 are eligible to claim Explantation Payment Option benefits. Claimants that have replaced gel-filled implants with new gel-filled implants after this date are not eligible for explantation benefits.

Breast Implant Claimants who want to have their Dow Corning Breast Implants removed but do not have the funds to pay for the surgery may request the Claims Office to make arrangements to compensate the appropriate persons or entities (up to a maximum of $5,000) directly. The Claims Office shall be authorized to develop appropriate guidelines for direct payment to the appropriate person or entity who provided the explantation service upon receipt from the Claimant and surgeon of all documentation, including a signed release releasing the Claims Office, the Debtor, Reorganized Dow Corning, the Claimants Advisory Committee, and the Released Parties from any claims or actions arising out of the explant procedure. (Such release will not affect the Claimant's ability to recover benefits under the Settlement Program.) If the cost of explantation is less than the $5,000 Explantation Payment Option benefit, the Claims Office shall pay the difference between the actual cost and $5,000 to the Breast Implant Claimant. Prior to disbursing payment for the surgery to the appropriate persons or entities, the Claims Office shall obtain from the explanting surgeon and, if applicable, the pathologist, an agreement to complete any information necessary for the Explantation Payment Option Form, and if applicable, the Rupture Payment Option Form on behalf of the Breast Implant Claimant and cooperate with her and Claims Office to provide information relevant to these benefits. Claimants will not be denied an Explantation Payment if they participated in this direct payment procedure but were not explanted by the deadline for the Explantation Payment Option solely because the surgeon failed timely to return documents and/or releases.

The Reorganized Dow Corning may, at its discretion, provide a list of surgeons who have advised the Reorganized Dow Corning of a willingness to perform explantation surgeries for up to $5,000. If such surgeon agrees, the Claims Office shall be authorized to release the names of such surgeon through the Claims Office, as provided above, then the Claimant must execute a release releasing the Claims Office, the Debtor, Reorganized Dow Corning, the Claimants Advisory Committee, and the Released Parties from any liability or claim arising out of such surgery (except that such release will not affect the Claimant's ability to recover benefits under this Settlement Program). Prior to releasing payment for the surgery to the appropriate persons or entities, the Claims Office shall obtain from the explanting surgeon and, if applicable, the pathologist an agreement to complete any information necessary for the Explantation Payment Option Form and, if applicable, the Rupture Payment Option Form on behalf of the Breast Implant Claimant and cooperate with her and the Claims Office to provide information relevant to these benefits.

To obtain benefits under the Explantation Payment Option the Claimant must submit proof of explantation surgery and may be made by any of the following means:

The itemized hospital bill; the bill from the explanting surgeon; the surgical report; an insurance company's statement of benefits; contemporaneous hospital records (including the hospital pathology report); the explanting surgeon's contemporaneous office notes; or a pre-operative medical document, together with confirmation from a medical provider or insurance company that surgery actually took place as scheduled.

The Claims Office will not inquire about the Breast Implant Claimant's reason for choosing to have her Breast Implant(s) removed and will not deny benefits to Breast Implant Claimants based on the reason for explantation. Each Eligible Breast Implant Claimant may receive only one payment under the Explantation Payment Option, regardless of the number of qualifying surgeries.

Frequently Asked Explant Questions

 

SFDCT Medical Criteria

Learn about the medical criteria that you will need to meet in order to submit a disease claim through the SFDCT Settlement.

Male doctor examining older female patient

Expedited Release Checks Important Please Read

The Settlement Facility Dow Corning Trust has recently decided to send Expedited Release Payments ($2,000) to all claimants whose cases are idle.

The Dow Settlement criteria states that if you accept this payment you can NEVER apply for a disease claim in the future, even if you become sick.

If you receive one of these checks in the mail, please do not cash it until you speak with an attorney to discuss your potential claim.

Again, if you cash this check you have effectively settled your claim and can never get any additional money.


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