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PARTIAL PREMIUM PAYMENTS, et al

2/4/2018

2 Comments

 
          On December 27, 2017 the District Court issued its decision on the motion and recommendation of the Finance Committee relating to Premium Payments.  The hearing on this motion was in March, 2017 and the parties were provided the opportunity to present additional exhibits through May, 2017.  Dow Corning opposed the recommendation to resume issuing Premium Payments.  In its December 27, 2017 decision, the Court order that the process of issuing partial Premium Payments on eligible claims which have not yet received an initial partial Premium Payment should resume.  If a Claimant has not yet received a partial Premium Payment on an eligible disease or rupture award, that claimant would be part of this process.  No decision was made as to whether or when second partial Premium Payments would resume. Unfortunately, as expected, Dow Corning filed an appeal of this decision and order on January 25, 2018.  Seeking to stop or stay the process of issuing partial Premium Payments while the appeal is pending, Dow Corning has also filed for a STAY of the Court's order.  The CAC is opposing that motion for stay.  A hearing on that motion is now set for March 22, 2018.  
         The delays and continued opposition by Dow Corning as the Settlement Facility, CAC and Claimants and their attorneys work to properly implement and pursue remedies specifically set out in the Plan are frustrating to say the least.  It seems that Dow Corning has chosen and is being allowed to re-litigate the merits and terms of a settlement plan which had previously gone through the process of review and approval prior to being declared effective.   Now, as we rapidly approach the end of the term of the Plan and the deadline within which any eligible claims may be filed, the process of paying certain claims continues to be delayed.   The DEADLINE FOR SUBMISSION OF CLAIMS IS JUNE 3, 2019.  It is very important that all claimants note that date on their calendars.  It is also important that the Settlement Facility has your correct address and other contact information.  If represented by counsel, make sure your attorney also has your current and correct information.  The Settlement Facility is now in the process of sending out letters to all claimants to the address it has in file to provide notice of the approaching deadline and its consequences.  Any claimant who does not receive that letter within the next thirty days should contact the Settlement Facility  or their attorney to verify that current address and contact information is on file.
        Another part of the Court's order of December 27, 2017 deals with the issuance of payments on increased severity claims.  Claimants who have previously approved Disease claims may be eligible to seek additional compensation if the claimant can established an increase in the severity of the previously approved claim.  Contact your counsel for additional information.
       Finally, if you are a Class 5 Dow Corning Claimant (or believe you may be) and have not yet established acceptable proof that you have had at least one Dow Corning silicone gel filled implant or have not filed a disease claim or filed for an expedited release payment, as the deadline for those filings is June 3, 2019 NOW is the time to take action.  Further updates will be posted as additional information becomes available.  Thanks.
Cole

2 Comments
rick margenot link
11/14/2018 04:43:31 pm

Alan I may have a breast implant case. The implants failed and had to be taken out. A westport surgeon removed them and made a mess of my gal. But the real problem it seems was with the original implants done 18 or so years ago before the most recent surgeries...most recents done last year. The gal is an absolute basket case of emotional injury from all this. She has done nothing. Is this of interest. She is in Connecticut. I know it's been years. Not right. Rick Margenot

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Anne-Marie Henderson
6/20/2019 12:47:22 am

I filed a claim early 1980's.1996 dad had stroke Cape Coral. Moved to care for both. Filed w/Fenstersheib after(2} Sip&falls 2008. Delivered Dow case also. During spinal surgeries, heart attacks & assault & battery by Condo Bd. R F. withdrew. No files returned. Dow claims no case was filed. Berkowitz did not return Dow wcords. Total screw-up. Need help- Dow claim they did nothing on my behalf.
my case to Fenstersheib after dad's stoke in 1996 & mom being over drugged in F.M.mental hospital. Had to care for them. Transfered my case to Fenstersheib all info &n medical files of ruptured breasts. Left Breast replaced 1980's . Repeated cancellation due to family crisis. Home in L.A,CA bombed 2005. Hired R Fenstersheib & Berkowits. transferred Al files to them. When rresented (2 ) slip & fall lot of body damage R.F. during mediation.lot of spinal damage & surgeries. Both withdrew but Dow recordsw disappeared. Dow claims they have no records or own case. 2095 arsonist destroyed K A. Home/ Case still open w/ Travelers. No atment, total negligence by reps A. An still open in Travelers still has not payment.. 1996.

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    Author

    Cole Alan Bieler has been helping claimants in the Breast Implant Litigation navigate the terms of the Revised Settlement Plan, Mentor/Bioplasty Limited Fund, INAMED Limited Fund and the Dow Corning Settlement Plan since 1996.  He has helped hundreds of claimants obtain awards and compensation.  He continues to represent clients pursuing compensation in the Dow Corning Settlement Plan.  With his experience and knowledge of the terms of various plans, Cole has provided guidance to numerous attorneys seeking assistance.
    Contact Cole at 513-677-5100
    or cole@cablawyer.com

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