As a courtesy to our clients and others seeking a rupture claim through Dow Corning, Hummer Law Offices has reprinted this information. It contains both questions and answers regarding rupture claims through the Settlement Facility for breast implants: Dow Corning Wright, DC, DCW, Cronin, Silastic 2, MSI, Varifil, Mueller 5, silicone gel-filled pre- June 1, 1993 breast implants.

 Please See Disclaimer at  Bottom of Page.

SECTION 7 - $25,000 Rupture Payment:

This information reprinted from the Claimant Information Guide Dow Corning Breast Implant Claimants (Class 5) 

PART A -CRITERIA AND DEADLINES FOR THE RUPTURE PAYMENT

Q7-1. "What is the $25,000 Rupture Payment?"

             You will receive the $25,000 Rupture Payment if your Dow Corning silicone gel breast implant(s) are
              removed and are ruptured as defined in Question 4 on the Rupture Payment Claim Form Instructions.

Q7-2. "What is the definition of Rupture?"

             Read Question 4 on the $25,000 Rupture Payment Claim Form Instructions.

Q7-3. "What do I need to submit to qualify for the $25,000 Rupture Payment?"

             Read Question 3 on the $25,000 Rupture Payment Claim Form Instructions (the green edge).

Q7 -4. "What type of proof of Rupture is clearly unacceptable?"

              There are several types of unacceptable proof of Rupture:

              1. Non-contemporaneous statements from medical personnel recalling that your breast implant was
                   ruptured upon explantation, or a similar statement from you (or one of your relatives or a friend);

              2. Proof that fails to show that the ruptured breast implant has been surgically removed;

              3. Proof that affirmatively reveals that the breast implant was intact before the explant surgery, but was 
                  ruptured during the explant surgery;

              4. Proof that reveals no Rupture as defined (including proof that shows only gel bleed);

              5. Proof that shows that only the saline portion of a double-lumen breast implant ruptured, leaving the
                  gel portion intact;

              6. For explantations after January 1, 1992, a pathology report alone, with no contemporaneous
                  operative report.

Q7 -5. "What types of problems or deficiencies are there for Rupture proof?

              The following are examples of minor deficiencies in Rupture proof: .

              1. If your Dow Corning breast Implant was removed before the Effective Date, you have a minor
                  deficiency if you fail to state whether you have possession of the ruptured implant. If you do have it,
                  you must provide the name and address of the custodian at Question 3 on the Rupture Payment
                  Claim Form (the green edge). You can correct this deficiency by writing a note to the Settlement
                  Facility stating whether you still have your removed breast implant and if so, providing the name and
                  address of the person who has it.

              2. If the ruptured implant is removed after the Effective Date, you have a minor deficiency if you fail to
                  provide the Settlement Facility with the required statement from the explanting surgeon (or the
                  hospital pathologist, a physician who assisted in the explantation surgery or from another doctor who
                  examined the removed implant, as provided herein) affirming that, in his or her opinion, the Rupture
                  did not occur during or after the explantation procedure and providing a factual basis for that opinion.
                  You can correct this deficiency by obtaining this statement from your explanting physician or other
                  appropriate person.

              3. If you were explanted after January 1, 1992 but did not submit a pathology report or indicate that the
                  pathology report was unavailable, you have a minor deficiency that can be cured by submission of the
                  report or the required statement.

              4. If you timely submitted the supporting documents demonstrating Rupture but did not submit a Rupture
                  Payment Claim Form, you have a minor deficiency which can be cured by submitting the Rupture
                  Payment Claim Form (the green edge).

Q7-6. "What is the multiple manufacturer discount for Rupture claims?"

            The multiple manufacturer discount for Rupture claims will reduce your $25,000 Rupture Payment by
            50%. For the reduction to apply, all of the following things must be present:

            1. You have one (1) or more silicone gel breast implants from either Bristol, Baxter or 3M (see Tab 1,
                Part III (1.3) for Silicone Material Claimants for information and a list of brand names for Bristol,
                Baxter and 3M); and

            2. Your silicone gel Bristol, Baxter or 3M breast implant(s) was/were ruptured; and

            3. You were classified by the MOL Claims Office as a "current claimant" in the Revised Settlement
                 Program; and

            4. Your "current disease claim" in the Revised Settlement Program was approved; and

            5. Your "rupture supplement" in the Revised Settlement Program was approved and paid; and

            6. You did not opt out of the Revised Settlement Program; and

            7. Your Rupture Payment claim for your Dow Corning silicone gel breast implant in the Settlement
                Facility is approved.

Q7-7. "I opted-out of the RSP after my current disease and rupture claims were approved, and I never
             received payment under the RSP. I also have a ruptured Dow Corning silicone gel breast
             implant. Does the 50% multiple manufacturer discount apply to me?"

             No.

Q7-8. "If I receive the $25,000 Rupture Payment, can I still receive payment for other settlement
             benefits?

             Yes. Assuming you qualify and meet the deadline for each settlement benefit, you can receive payment
              for Explant and either Expedited Release or Disease.

Q7-9. "Does my operative report have to use the word "Rupture" to have my Rupture claim
             approved?"

             No. Rupture claims will be processed with the understanding that physicians have used and will use
             different terminology to describe a breast implant that is ruptured. Simply because the relevant record
             does not use the word "Rupture" is not a basis to deny the Rupture claim. Your medical records must
             describe the Rupture in a way that it meets the definition of "Rupture" as set out in Question 4 in the
             $25,000 Rupture Payment Claim Form Instructions.

Q7-10. "If I had replacement silicone gel breast implants after my ruptured Dow Corning silicone gel
               breast implants were removed, does this disqualify me from the $25,000 Rupture Payment?"

               No.

Q7-11. "I plan to have my Dow Corning breast implants removed after the Effective Date. Question
               3C in the Rupture Payment Claim Form Instructions says that I must submit a statement from
               the explanting surgeon about the Rupture. What information do you need?

               The statement from the explanting physician must confirm that the Rupture did not occur during the
               implant removal surgery and must provide the factual basis for his/her opinion that the implant was
               ruptured. Descriptions about the nature of the destruction of the elastomer envelope and statements like
               "in light of silicone granuloma formation on the exterior of the biologic capsule" are acceptable.

Q7-12. "I had my breast implants removed but the surgeon who removed them refuses to write a        
               supplemental statement that gives his opinion concerning the date of Rupture or supplying
               the basis for his opinion that a Rupture occurred. Can another doctor examine the removed
               breast implants and submit the supplemental statement?"

               Yes, if your explanting surgeon refuses to write the statement, you can submit the statement from
               another physician who examined the removed breast implants.

Q7-13. "Do I have to have my Dow Corning breast implants removed to receive the $25,000 Rupture
               Payment?"

               Yes, unless you qualify for a very narrow exception called the "Medically I Contraindicated Exception"
               which is explained below at Part B.

Q7-14. "I have a Rupture in each of my Dow Corning breast implants. Can I receive a Rupture
               Payment for each ruptured breast implant?"

               No.

Q7-15. "I have two (2) implants -an unknown and a Dow Corning breast implant. Can I recover for the
               Rupture of the unknown implant?"

              No. A Rupture Payment will be made only for the Rupture of a Dow Corning silicone gel breast implant.

Q7-16. "Are ruptured silicone gel breast implants from other companies (non-Dow Corning) such as
              Mentor or Cox-Uphoff eligible for the Rupture Payment?"

              No.

Q7-17. "My Dow Corning silicone gel breast implant ruptured in 1972. Am I eligible for the $25,000     
              Rupture Payment?

Q7-18. "I cannot afford to get my Dow Corning breast implants removed to find out if they are
              ruptured. What can I do?"

              The Explant Assistance Program, described at Q6-15 above, is available to assist you in having your
              Dow Corning breast implant removed.

Q7-19. "Can I make a Rupture claim even though I do not have a disease claim at this time?"

              Yes. You can make a Rupture claim without filing for a disease claim.

Q7-20. "I had my implants removed in 1994 but did not keep them. Will that make me ineligible for the
               $25,000 Rupture Payment?"

               No.

Q7-21. "I had my breast implants removed in 2000 and asked my doctor to keep them. He threw them
               out. Does this make me ineligible for the $25,000 Rupture Payment?

               No, you are still eligible. Write a brief statement on the Rupture Payment Claim Form about what
               happened.

PART B -THE MEDICALLY CONTRAINDICATED EXCEPTION TO
THE $25,000 RUPTURE PAYMENT

Q7-22. "What is the "Medically Contraindicated Exception?"

              This is a very narrow exception intended to apply only if you have a serious chronic medical condition
              that prevents the removal of your ruptured Dow Corning silicone gel breast implant. Under this
              exception, you may receive the $25,000 Rupture Payment without removing your breast implants if you
              meet all of the criteria listed below:

             1. You must have acceptable proof of manufacturer of a Dow Corning breast implant. This proof cannot
                 rest on a Unique Identifier as defined in Q5-8; and

             2. You must have a written statement and diagnosis by a physician along with supporting medical
                 documentation that describes your serious chronic medical condition that precludes the surgical
                 removal of your ruptured silicone gel Dow Corning silicone breast implant; and

            3. The medical documentation must contain objective findings that will permit the Claims Administrator to
                make a determination as to the severity of the condition and diagnosis; and

              This means that the person who examined your breast implants can see that the elastomer envelope has
              a tear or other opening in it.

Q7-31. "What is a "substantial mass of material?"

$25,000 RUPTURE PAYMENT CLAIM FORM

These questions and answers are taken from the $25,000 Rupture Payment Claim Form.
(For information purposes only)

 Instructions:

DOW CORNING BREAST IMPLANT CLAIMANTS (CLASS 5) 

Use the "Rupture Payment Claim Form" to apply for the $25,000 Rupture Payment if you have a ruptured Dow Corning silicone gel breast implant. Please read these Instructions and Section 7 in the "Claimant Information Guide" for more information.

     1. "What is the $25,000 Rupture Payment?"

             You will receive the $25,000 Rupture Payment if, your Dow Corning Silicone Gel breast implant(s) I are
           removed and are ruptured as defined In Question 4 below, and you submit the required proof by the
           deadline.

     2. "Will the $25,000 Rupture Payment be paid in one (1) Lump Sum"

            No. When your rupture claim is approved, you will receive a check for $20,000.  This is known as the
          Base Payment. The additional $5,000 payment will be paid in the future after the U.S. District Court
          determines that all Base Payments and higher priority payments have been or can be paid or that adequate
          provision is made so that these payments can be made. (Read Question Q2- 7 in the Claimant
          Information Guide for more information.)

    3. "What do I have to do to receive the $25,000 Rupture Payment?"

          First, complete and submit the Proof of Manufacturer Form (the blue edge) and medical records or  
          documents that show that you were implanted with a Dow Corning breast implant. (Read the
          Proof of Manufacturer Form Instructions.)

            Second, complete and submit the Rupture Payment Claim Form by the deadline and one (1) of  the  
           following types of medical records that show that your Dow Corning silicone gel breast implant(s) were
           ruptured:

           (A). If your Dow Corning silicone gel breast implant(s) were removed before January 1, 1992, then you
                  must submit a contemporaneous operative or pathology report documenting the rupture.

           (B). If your Dow Corning silicone gel breast implant(s) were removed after January 1, 1992 and on or
                  before the "Effective Date", then you must submit all of the following documents (Read Question
                  Q9-5 in the Claimant Information Guide for more information about the Effective Date):

                     1. A contemporaneous operative report; and

                     2. If available, a pathology report; and 

                     3. Complete Question 3 on the Rupture Payment Claim Form that asks whether anyone has your
                         ruptured implants in their possession.

           (C). If your Dow Corning silicone gel breast implant(s) are removed after the "Effective Date", you must
                  submit all of the following documents (Read Question Q9-5 in the Claimant Information Guide
                  for more information about the Effective Date.):

                  1. A contemporaneous operative report; and

                  2. If available, a contemporaneous pathology report; and

                  3. A statement from the surgeon who removed your Dow Corning silicone gel breast implant(s)
                      (or other appropriate professional approved by the Settlement Facility) affirming that, in his or her
                      opinion, the rupture did not occur during or after the implant removal procedure. This statement
                      must describe the results of the inspection and provide a factual basis for the opinion (e.g., in light
                      of silicone granuloma formation on the exterior of the biologic capsule, or findings concerning the
                      nature of the destruction of the elastomer envelope); and

                  4. You must use your best efforts to cause the removed implant(s) to be saved. Complete Question
                      3 on the Rupture Payment Claim Form that asks whether anyone has your ruptured implants in
                      their possession. If so, provide the name and address of the custodian, person or entity who has
                      the implant(s).


    4. "What is the Definition of Rupture"?

          "Rupture" means the failure of the elastomer envelope surrounding a silicone gel implant to contain the gel,
           resulting in contact of the gel with the body. The failure must be due to a tear or other opening in the
           envelope, and the tear or other opening must have occurred after implantation and before explantation.
           There is no rupture if the gel's contact with the body is solely the result of gel bleed.

     5. "Can I receive the $25,000 Rupture payment if the implants(s) that ruptured contained only
            saline?"

            No. You cannot receive the Rupture Payment if your ruptured implant(s) contained only saline.

     6. "What is the Medically Contraindicated Exception?" (Question 28 on the Rupture Payment
            Claim Form).

         If you have a serious, chronic medical condition that your doctor says prevents you from undergoing
         surgery for the removal of your ruptured Dow Corning silicone gel breast implant(s), you may still qualify
         for the Rupture Payment under the "Medically Contraindicated Exception." However, this is a very narrow
         exception that requires extensive medical records and a written statement from your doctor along with an
         MRI that documents that your Dow Corning silicone gel breast implant(s) are ruptured. (Read Section 7 in
         the Claimant Information Guide for more information. Read this Section carefully before you
         submit your request to the Settlement Facility.)

  7. "What is the "Individual Review Process" for the $25,000 Rupture Payment?"

        The Individual Review Process --or IRP --is an additional way to qualify for the $25,000 Rupture Payment.
        To be eligible, you must first submit your Rupture Payment Claim Form and medical records that show you
        have a ruptured Dow Corning silicone gel breast implant. If your medical records do not support a claim for
        rupture as defined in Question 4 above, then you may submit the following documents to qualify for the
        $25,000 Rupture Payment:

        (A). Medical documents, created before the implant removal surgery or within a reasonable time after the
               implant removal surgery for your Dow Corning single or double-lumen silicone gel breast implant(s),
               demonstrating visual confirmation of a breach in the elastomer envelope found upon or prior to removal
               of the Dow Corning silicone gel breast implant(s); or

        (B). Medical documents demonstrating migration along tissue planes distant from the site of your Dow
               Corning breast implant(s) of a substantial mass of material confirmed by biopsy to be silicone from a
               ruptured Dow Corning single or double-lumen silicone gel breast implant.

              Your medical documents in the Individual Review Process will be reviewed by Dow Corning (with all
               identifying information such as your name removed). If Dow Corning accepts the medical documents as
               proof of a rupture, then you will receive the $25,000 Rupture Payment. (Read Section 7 in the
               Claimant Information Guide for more information.)

    8. "What is the DEADLINE to submit my Rupture Payment Claim Form and Medical Records?"

          You must submit a Rupture Payment Claim Form and medical records on or before two (2) years after
           the "Effective Date." (Read Question Q9-5 in the Claimant Information Guide for more
           information about the Effective Date.) Before a claim can be paid, you must also submit the Proof of
           Manufacturer Form (the blue edge) and acceptable proof that the ruptured silicone gel breast implant(s)
           that are removed were made by Dow Corning. If your Dow Corning breast implant(s) were removed
           within ninety (90) days immediately before the second (2nd) anniversary of the Effective Date, then you
           have an additional thirty (30) days after the second (2nd) anniversary of the Effective Date to submit the
           Rupture Payment Claim Form and medical records.
 

9. "What if I have a problem or receive a "Deficiency Notice" on my Rupture Claim?  Is there a 
      DEADLINE to submit additional documents to correct the problem?"