CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Dow Corning Bankruptcy Settlement

Volume 14, No. 4, March 30, 2017

 

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

www.tortcomm.org

 

 

CAC                                                                                                                Sybil Niden Goldrich

P.O. Box 665                                                                                                  Ernest Hornsby, Esq.

St. Marys, OH 45885                                                            Dianna Pendleton-Dominguez, Esq.

 

 

FDA:  SOME BREAST IMPLANTS POSSIBLY LINKED TO RARE CANCER

A recent report released by the FDA has identified a possible association between breast implants and the development of anaplastic large cell lymphoma (ALCL), a rare type of non-Hodgkin's lymphoma. According to the report, most data suggest that ALCL occurs more frequently following implantation of breast implants with textured surfaces rather than those with smooth surfaces. The FDA refers to this as BIA-ALCL (breast implant associated ALCL).

As of February 1, 2017, the FDA had received 359 medical device reports of BIA-ALCL including 9 deaths. There are 231 reports that included information on the implant surface. Of these, 203 were reported to be textured implants and 28 were smooth implants. Most cases of BIA-ALCL are treated by removing the breast implants and the capsule surrounding the implant. Other cases have been treated by chemotherapy and radiation.

The FDA release is at:  https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/BreastImplants/ucm239995.htm

We will also post the FDA release on our website: www.tortcomm.org. We urge all women to read the FDA release and follow the recommendations in there as well as any recommendations of their doctors. We are simply passing on this information, which some of you are already aware of through news reports, to better inform you. If your implants have not been removed, please do not rush to have them removed based solely on this finding. Consult with your doctor and follow your medical advice. This is a rare, but treatable, cancer as the article points out.

 

DID DOW CORNING MAKE TEXTURED BREAST IMPLANTS?

Yes, Dow Corning made the Silastic II Gel Saline Implant from 1988-1991, and the Silastic MSI Gel Saline or Silastic III Gel Saline from 1991-1992. Based on the information available to us, we do not believe that prior models of the Dow Corning's Silastic breast implants (pre-1988) were textured.

Other companies also made textured implants. We do not have a comprehensive list of which brands and models were textured; however, we are attempting to compile a list of breast implants with information - as best as we can determine - about which ones are textured and we will post this on our website in the near future.  Again, we would like to stress that women should not panic and should consult with their medical provider if they have any questions or concerns.

IS BIA-ALCL AN ELIGIBLE DISEASE IN THE SETTLEMENT PLAN?

No, this is a new finding by the FDA that was not known when the Settlement Plan was completed in 1996. The Plan does not contain any provision that allows the Settlement Facility to add a new disease for compensation.

 

REMINDER:  FINAL DEADLINE TO FILE A CLAIM IS JUNE 3, 2019

The FINAL deadline to file a claim for either Disease or Expedited Release is June 3, 2019. After this date, the Settlement Facility offices will permanently close to all new claims. After reviewing claims submitted by the deadline, the Settlement Facility will begin to wind up operations to close down permanently.

This means that you MUST submit the following forms and/or documents to the Settlement Facility on or before June 3, 2019.  We urge everyone to mail the documents so that they are RECEIVED by the Settlement Facility by June 3, 2019 and/or that you send your forms and documents by certified mail or an overnight service so that you can prove that they were mailed on time. Many claimants have been denied benefits because they mailed their forms in late.

 

STATUS OF FINANCE COMMITTEE'S MOTON ON PREMIUM PAYMENTS

On March 23, 2017, the Court held a hearing on the Finance Committee's recommendation to resume paying the initial 50% Partial Premium Payments. The Court granted the Finance Committee additional time to supplement its brief. Their brief is due April 27, and the CAC and Dow Corning have until May 17 to respond. We will post copies of the briefs on our website as they are available. We do not know when the Court will rule.

 

DEADLINE REMINDERS            

Please mark your calendar with the following claim submission deadline. Please note that this deadline means that your claim forms and materials must be received by the SF-DCT by the posted deadline. Please mail all forms early enough so that they are received by the deadline listed below.

 

Deadline Date	Type of Deadline
June 3, 2019	Disease or Expedited Release Claim submission deadline for all claims in Classes 5, 6.1 and 6.2 (this deadline does NOT apply to Late Claimants) Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2.

 

If you would like to read prior CAC e-newsletters, they are available on the CAC website by clicking on "Electronic Newsletter." We urge you to visit the CAC website (www.tortcomm.org) on a regular basis to download or view relevant documents and read updates and new information.

NOTICE: This document is copyrighted. You are not authorized to post it on any website without express, prior written permission of the Claimants' Advisory Committee.