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Medical Forum / Diseases and Disorders / Breast Cancer / May 2007Latest Dow Bankruptcy Newsletter ... May 23, 2007
www.BreastImplantAwareness.org/ www.BreastImplantAwareness.org/blog.htm http://www.tortcomm.org/newsletter_070523.shtml There are serious issues covered and everyone affected should read this newsletter. Note from Ilena Rosenthal of the Humantics Foundation ... www.BreastImplantAwareness.org The scandal of this so called bankruptcy continues ... Women being sent $3000 for years of implant related illnesses and injuries and being told keep it and sign away your rights forever and be put on a list that is slow and long and with no start date. This is an insult, a bully job, and a huge detriment to the well being of thousands of women, ill and scarred and dying. www.BreastImplantAwareness.org#stories Excerpt: The SF-DCT mailed a $3,000 Disease "Cash-Out" offer to approximately 4,631 claimants in Class 7. NOTE: The letter that accompanied the Disease "Cash-Out" payment offer stated that the offer was valid until March 31, 2007. This is incorrect. The Disease Cash-Out Payment is valid for 180 days after the date on the check. We understand that most checks are dated December 1, 2006. Claimants who reject the Disease "Cash-Out" Payment offer will be placed in a separate Class 7 line for a disease review. The projected time frame to process disease claims in Class 7 is, at a minimum, 2-3 years. No disease processing for Class 7 claims has begun and is not expected to begin until processing of Class 5 and 6 disease claims is more current. > www.BreastImplantAwareness.org/ > www.BreastImplantAwareness.org/blog.htm [quoted text clipped - 34 lines] > expected to begin until processing of Class 5 and 6 disease claims is > more current. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ It is my understanding.... Class 7 (material only) claimants are those who had implants manufactured by companies other than DOW. If someone received a disease settlement in the MDL from their own manufacturer and can now prove a higher level of disease than was awarded in the MDL, they may receive the difference between the max amount DOW is paying and what was already received. In my case the MDL was more than DOW is paying, so no additional award is expected. Many MDL women are in that category. Additionally, Class 7 women are not considered for rupture claims (since DOW is not their manufacturer). I would imagine that if someone with a different manufacturer didn't have proof to claim a disease settlement from their manufacturer in the MDL and STILL doesn't have any proof of a qualifying disease, they are the ones being offered the $3,000. I suppose if someone anticipates that they can come up with qualifying proof in 2-3 years, they would be wise to turn down the $3,000 and hold out for the possibility of providing such proof and receiving more money in 2-3 years. Class 7 is the bottom of the feeder pool. As the article states, Class 5 & 6 (and those in Class 7 who opt for the $3,000) will get their money first. After all those folks get paid, those left in Class 7 "may" receive something IF there are funds left over. Years and years ago those of us in Class 7 were told that our first priority was to settle with our own manufacturer, because Class 7 with the DOW settlement would be the very last group to be funded with what might be left over. |
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