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Frequently Asked Questions
Q1. "How
do I get my records?" MDL-926 Revised Settlement Questions?
Dow-Corning Settlement
Questions?
Q10. "What is the present
status of the Dow-Corning Settlement?" Answers:
A1: Answer
Return to Top of Page If your doctor is deceased, sometimes another plastic surgeon will take over the practice. Other times the records are destroyed after their death. Try to find out who took over your previous doctors practice and see if they still have your records. Also, try and recall whether your surgery was done in the doctors office or in a hospital. Even if the doctor is deceased, the hospital may still have a copy of your records. Also, see if a third-party company may have the records stored elsewhere in long-term storage or on microfiche. Sometimes the larger hospitals that have been around for many years keep their old records long term, and off-site storage facilities. Finally, sometimes our office has been able to identify the manufacturer through the doctor's nurse, if the nurse worked for the doctor for many years before his death, knew what kind of implants the doctor was using "Exclusively" at the time the patient (claimant) was implanted, and in most cases, knows and remembers the patient (claimant). The Claims Office will accept this type of proof from the doctor's nurse in the form of an "Affirmative Statement", as long as it is worded correctly. A statement such as this is best if done through Hummer Law Offices.
If your records are simply not available anywhere, you have one last option if your implants are still in your body. You can have to get your implants removed so that they can be sent to a specialist who can, in most cases, identify the manufacturer. There are a few doctors in the country who have made implant identification their "specialty." Also, as implants are removed and identified, our office keeps track of the type of implant removed, the doctors name and year of implantation, for future reference. If you are contemplating having the implants removed, we may be able to let you know your chances of your manufacturer being a good one and part of one of the two settlements depending on your plastic surgeon, and when you had them put in. Important: If you don't know who your manufacturer is and you are having them removed for identification purposes, do not under any circumstances, allow your implants to be thrown-out by the doctor after they are removed, no matter how badly ruptured they are. Only after the implants have already been identified and the proof sent in and accepted by the Claims Office. Good rule of thumb...when in doubt, don't throw them out. If you have to, bring a Tupperware container to the hospital with you so that you can take them home. They can be later shipped-off for identification. If they doctor or hospital tells you that they are not allowed to give you the implants, make arrangements for your plastic surgeon to ship them off to whoever is going to identify the implants. Note: Sometimes your plastic surgeon will be able to identify the implants during removal if they see unique identifiers on the implants which identify the manufacturer. Sometimes the pathologist will see markings on the outer shell and document it.
Ask yourself the following questions... 1. Who was the name of each doctor that inserted and/or
removed each set of implants in my body?
As our client, all that we ask is that you provide us with adequate information so that we can get your medical records. Respond timely to any correspondence that we send you. Make any necessary visits to the doctor (s) to be evaluated. We also need your patience. A6: (Answer) It will not be necessary for you to go to court, nor to have your deposition taken for either of the two settlement programs unless your attorney litigates your case (Dow-Corning breast implant claimants only). In this situation, you will be rejecting the settlement by "Opting-Out." As far as the settlements go, one must meet the necessary criteria, and then they will be compensated by the Claims Office. A7: Answer A clients level of compensation depends on two things:
(a). The manufacturer of your implants
A9:Answer A10: Answer At this time, the Dow Corning settlement Plan is on appeal. The Tort Claimants' Committee ("TCC") and Dow Corning proposed a settlement (called the "Amended Joint Plan of Reorganization of Dow Corning") on February 4, 1999. More than 95% of voting personal injury claimants voted to approve this Plan. Judge Arthur J. Spector of the bankruptcy court in Michigan "confirmed" the plan in November 1999. Several parties filed appeals challenging the order of the bankruptcy court. These appeals were heard by U.S. District Judge Denise Page Hood in Michigan. Judge hood issued an order on November 13, 2000 and approved the Plan as written. This means that she agreed that the Plan met the requirements in the bankruptcy code. Several parties have now appealed the District Court's order to the United States Court of Appeals for the Sixth Circuit. After the 6th Circuit rules, the appealing parties may seek review by the U.S. Supreme Court. It is not possible to predict whether the U.S. Supreme Court will hear the case or how long it may take for the Supreme Court to decide. The Plan will not be effective (meaning final and able to be fully implemented) until all appeals are concluded. No claims will be paid until the Plan is effective.
A11: Answer
The Dow-Corning
Settlement Website How to Contact the Settlement Facility: Email address: info@sfdct.com By Mail: Settlement Facility-Dow Corning Trust By Phone: (Recorded message) (866) 874-6099 (U.S. and Canada Only)
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