CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 7, No. 10, December 17, 2010

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

 

Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.

 

This is the 79th e-newsletter (Vol. 7, No. 11) from the Claimants' Advisory Committee (CAC) in the Dow Corning bankruptcy Settlement Plan. You were sent a copy of the newsletter because our records show that you requested to be on the mailing list. If you wish to unsubscribe, click here or to reply to this newsletter, send an email to: info@tortcomm.org. Please do not hit "Reply" to this email address. Please use the email address: info@tortcomm.org.

 

Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at info@sfdct.com or 866-874-6099. The Claimants' Advisory Committee does not have access to individual claimant files to answer these kinds of questions.

 

6^th Circuit Issues Order on Issues of Tissue Expanders and Disability A

 

 

Today, the U.S. Court of Appeals issued an order vacating the District Court's ruling that tissue expanders are "Breast Implants" as that term is defined in the Dow Corning Settlement Plan. The 6^th Circuit Court ruled that the meaning of "Breast Implant" was ambiguous and, absent extrinsic evidence about this provision, it could not affirm the District Court's interpretation. It therefore directed the District Court to consider the "relevant extrinsic evidence" and stated that, "Once it does so, we expect to defer to its decision."

 

On the issue of Disability A and the standard of "vocation or self-care," the Court ruled that according to the Cambridge Grammar of the English Language 1298, "Dow Corning's reading of this provision is correct." It reversed the District Court's decision. This means that the Sixth Circuit ruled that the standard to apply for a Disability A claim is that a claimant must be 100% disabled in both "vocation and self-care."

 

The CAC is deeply disappointed with the ruling on the Disability A decision, and we are considering our options for going forward.

 

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