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Silicone Gel Breast Implants Class Action

Dow Corning Bankruptcy - Updated 2009

Important Contact Information

April 2009 Update

5th Anniversary of the Effective Date of the Dow Corning Plan of Reorganization is June 1, 2009, and how this affects option 2 Disease Claims not yet filed

The Dow Settlement officially began on June 1, 2004, and on that "Effective Date", all deadlines for filing claims in the Dow Settlement went into effect and began to run. The Settlement Facility for the Dow Corning Trust (SF-DCT) began reviewing and paying approved claims. The SF-DCT indicates that, as of March 31, 2009, it has paid out over one billion dollars to claimants.

This 5th anniversary date is also very important for any Dow claimant who had qualifying symptoms for an option 2 disease occurring within a 24-month period and documented before June 1, 2004, but hasn't yet filed an Option 2 Disease Claim. Your deadline for submitting your option 2 Disease Claim based on those qualifying symptoms is June 1, 2009.

In other words, if a claimant had symptoms before June 1, 2004, she can no longer rely on those symptoms if filing a new option 2 disease claim on or after June 1, 2009; the claimant must have new qualifying symptoms. This is because one of the requirements in order to qualify for a Disease Option 2 payment - as stated in the SF-DCT's Disease Claimant Information Guide, page 14, Q5-2 (2) - is:

"Qualifying findings must have occurred within a single 24-month period within the five (5) years immediately preceding the submission of the claim except that this period is tolled from May 15, 1995 to the Effective Date."

Therefore, if you have been diagnosed with an option 2 Disease, please be aware of this 24-month/5-year requirement if you haven't yet filed your option 2 Disease Claim. If you are a Lieff Cabraser client and have symptoms of an option 2 Disease that were documented prior to June 1, 2004, please contact us immediately so we can prepare and submit your claim before June 1, 2009.

Please be aware of this 24-month/5 year requirement going forward, so that if your doctor documents qualifying symptoms for an option 2 disease within a single 24-month period, we can file your option 2 Disease Claim within five (5) years of the documentation of those symptoms.

February 2009 Update

Class 5 - Urgent Reminder for Certain ANDS, SLE and ACTD Dow Claimants:

If you previously filed a claim for any of the above diseases, and received a deficiency notice from the SF-DCT, these are the final cure deadlines that apply*:

• March 2, 2009 - for certain Atypical Neurological Disease Syndrome (ANDS) claims;
• May 4, 2009 - for certain Systemic Lupus Erythematosus (SLE) claims;
• July 9, 2009 - for certain Atypical Connective Tissue Disease (ACTD) claims.

*if you have any questions regarding your specific cure deadline, contact the SF-DCT at 1-866-874-6099 or at info@sfdct.com.

The deadline to submit either a Class 5 Disease Claim or an Expedited Release is June 3, 2019. The deadline to submit a Class 5 Explant Claim to the SF-DCT is June 2, 2014.

If you had both a Dow implant and a Bristol, Baxter or 3M implant, you must file your Disease Claim (or your Benefits Schedule Options Form selecting Fixed or Long-Term disease benefits) in the Revised Settlement Program (RSP) by the deadline date of December 15, 2010 before the SF-DCT will review your disease claim.

Class 7 Silicone Gel Material Claimants:

• If you rejected the $3,000 Expedited "Cash-Out" offer and requested a full Disease Claim review by the SF-DCT, please note that no class 7 Disease Claims can be paid until all disease claims have been reviewed and the 1-year time period to cure deficiencies has expired. Payments for class 7 Disease Claims may therefore take several more years to be distributed.
• If you have not received either the $600 Expedited Release payment or the $3,000 Expedited "Cash-Out" offer, or any Notification of Status for your Class 7 Materials Claim, we advise you to immediately call either your attorney (if you are represented by one), or the SF-DCT at 1-866-874-6099, to make sure they have your current address, and to get status of your claim.

Urgent Reminder for Revised Settlement Program (RSP) Claimants:

The final deadline to submit an Explant Claim and/or a Disease Claim to the RSP Claims Office is December 15, 2010. On that date, the Revised Settlement Program will end permanently and no new claims will be accepted. If you have not received a reminder letter from the Claims Office, we advise you to immediately call either your attorney (if you are represented by one), or the Claims Office at 1-800-600-0311, to make sure they have your current address, and to get status of your claim.

**If you are represented by an attorney, do not sign any forms that the RSP Claims Office may send you until you consult your attorney.

May 2008 Update

Class 5, 6.1 and 6.2 Dow Claimants:

• There are several pending motions before the court, including the Claimants' Advisory Committee's (CAC) motion concerning whether tissue expanders are breast implants eligible for benefits in the SF-DCT, and whether the releases that Dow Corning obtained as part of its Explant Assistance program (from 1992-1995) are valid. For a complete list of the motions that the CAC has pending, you can go to the CAC's official website at www.tortcomm.org
• At this time, there is no indication as to if, or when, the SF-DCT will make Premium Payments on approved Rupture and/or Disease Claims. The Dow Settlement provides that (1) Premium Payments can be made only after Base Payments and higher priority payments have been or can be paid, and (2) the U.S. District Court is assured that sufficient funds remain to pay other claims as well as the Premium Payments. Therefore, please keep your contact information current with our office so that, if and when Premium Payments are made, we will be able to contact you and provide you with any additional payments you may be eligible to receive.
• A reminder that the deadline for NOI claimants to submit Explant and/or Rupture Claims is October 20, 2008. This deadline only applies to classes 5, 6.1 and 6.2 NOI claimants; it does NOT apply to timely filed claimants.
• The deadline for submission of an Explant Claim for timely filed claimants is June 2, 2014.
• The deadline for submission of either an Expedited Release or a Disease Claim for timely filed claimants is June 3, 2019.

Class 7 Silicone Gel Material Claimants:

• The SF-DCT is making timely Expedited Release payments of $600. to each class 7 Materials claimant whose class 7 Proof of Manufacturer is accepted;
• The SF-DCT is offering a quick "Cash-Out" option of $3,000 in lieu of a full review of a claimant's class 7 Disease Claim, again upon acceptance of the claimant's Proof of Manufacturer;
• The SF-DCT expects to complete the Proof of Manufacturer reviews of class 7s by June 2008;
• The SF-DCT has indicated that it has begun review of Class 7 Disease Claims, but that it may take up to 2-3 years for a full Disease Claim review, and up to 5 years before payments are made.

Revised Settlement Program (RSP) Claimants:

Please remember that the final deadline to submit an Explant Claim and/or a Disease Claim to the RSP Claims Office is December 15, 2010. On that date, the Revised Settlement Program will end permanently.

October 2007 Update

In September 2007, the Court approved a settlement by which class 5 and 6 Notice of Intent (NOI) or Conditional claimants will now be allowed to apply for and, if eligible, receive benefits for Explant, Rupture and Expedited Release Claims. This settlement applies ONLY to NOI or Conditional claimants.

Please note that there is a new Explant and Rupture Claim deadline for NOI Claimants ONLY, i.e., October 20, 2008. This means that if you are an NOI or Conditional claimant and want to potentially recover for Explant (if you don't replace with silicone) and/or Rupture, you must have your Dow Corning breast implant removed and your claim forms submitted to the SFDCT by October 20, 2008. This deadline applies ONLY to NOI or Conditional claimants.

Please also note that, as a result of this settlement, the Explant Assistance Program (EAP) through the SFDCT is now available to NOI claimants. However, be aware that the shortened Explant Claim deadline of October 20, 2008 (for NOI claimants ONLY) also applies to the filing of an EAP Claim.

Lastly, NOI claimants who are eligible and who want to accept the settlement and have their claims reviewed by the SFDCT as quickly as possible will want to sign and submit an "NOI Settlement Acceptance Form". This form can be found on the Claimants' Advisory Committee (CAC) website at www.tortcomm.org. We strongly recommend that, before signing the acceptance form, NOI claimants read the September 11, 2007 section on the CAC Home Page entitled "CAC Position Regarding the NOI Settlement and Consent Order," which explains why the CAC recommends that NOI claimants accept this settlement and what risks NOI claimants should consider.

August 2007 Update

The Claimants' Advisory Committee" ("CAC") has announced that there has been a proposed settlement that applies only to "Notice of Intent", or "NOI" ("Conditional") claimants. An NOI claimant is one who filed a Notice of Intent or Proof of Claim in the Dow Corning bankruptcy case that was received after November 30, 1999 and before August 30, 2004.

The proposed agreement with Dow Corning will allow NOI claimants who accept the settlement to recover Explant, Rupture and Expedited Release benefits, if they are eligible. Previously, NOI claimants were only eligible for review of their Disease Claims by the Settlement Facility for the Dow Corning Trust ("SFDCT").

The proposed settlement has not yet been approved by the Court, and will not be implemented unless the Court approves it. It is our understanding that if the Court approves the proposed settlement, the SFDCT will send out an NOI settlement package to each NOI claimant or her attorney, if she is represented by counsel.

Please note that there are several important changes in the deadline dates for the Explant and Rupture Claims filed by NOI claimants ONLY:

• The deadline to file an Explant Claim will be only one year from the date noted in the NOI settlement package.
• The deadline to file a Rupture Claim will be one year following receipt of the NOI settlement package. This Rupture deadline applies only to NOI claimants. Therefore, if you are an NOI claimant and have ruptured implants, you can still be eligible for a Rupture payment if you have your Dow Corning silicone gel breast implants removed and as long as your supporting medical records prove rupture as defined by the Dow Settlement and are received before the one year deadline.

If you are an NOI claimant and you have any questions regarding this proposed settlement, feel free to contact the Settlement Facility at 1-866-874-6099, or your attorney, if you are represented by counsel.

We will post the Court's decision regarding this settlement as soon as that information becomes available to us, so please check this website periodically for further information.

April 2007 Update

We have just been informed that the Claims Administrator of the SFDCT has extended the deadline to submit the claim form for the Expedited Release option for classes 5, 6.1 and 6.2. The deadline was June 1, 2007. This date has now been extended to June 1, 2019. What this means is that, if you are a class 5, 6.1 or 6.2 and have not already elected the Disease or Expedited Release Option, you do not have to decide by June 1, 2007 whether you would like to accept the Expedited Release Payment in lieu of a Disease Claim. The deadline to file for either the Expedited Release or the Disease Claim is now the same, i.e., June 3, 2019.

June 2006 Update

The deadline of June 1, 2006 for submission of class 5 Rupture Claims (for Dow Corning silicone gel breast implants), for class 7 Materials Claims (for both Expedited Release or Disease), for class 9 (for Dow Corning 'other products'), for class 6 (for Foreign Claimants with Dow Corning breast implants), and for class 10 (for Foreign Claimants with Dow Corning 'other products') has now passed. Therefore, any of the above-listed claims received after this date will not be accepted by the SFDCT. There are no exceptions or extensions of this deadline, except for class 5 claimants who had their ruptured Dow Corning silicone gel breast implants removed within 90 days immediately before the June 1, 2006 deadline. They will have until July 1, 2006 to submit to the SFDCT their Rupture Claim Form and corresponding medical records.

The next deadline to keep in mind is June 1, 2007 for Expedited Release Claims for class 5, if you do not qualify for a Disease Claim. If you wish to authorize us to file your Expedited Release Claim, please send us your dated and signed Expedited Release Response Form (previously sent to all LCHB class 5 claimants). If you did not receive this form, you can contact us for another form.

**Please remember that if you accept the Expedited Release payment, you can no longer apply for a Disease Claim now or at any time in the future, but you may still be eligible for an Explant Claim if (1) you have not already received an Explant benefit, and (2) you do not replace with silicone, and (3) you file before the deadline date of June 2, 2014.

With regard to the processing and payment of class 5 claims by the SFDCT, please be advised that, although the SFDCT has improved their system of processing and payment of claims, there may still be long wait times for notification of status of your claims. For class 5 Explant and Rupture Claims, the estimated wait time is 4-6 months, though this may change due to the anticipated influx of Explant and Rupture Claims submitted for the June 1, 2006 deadline. Class 5 Disease Claims may take a year or longer to be reviewed and processed by the SFDCT. Class 5 Expedited Release Claims seem to be getting paid a bit faster, i.e. within 2-3 months of submission. Please remember these estimates are given to us by the SFDCT directly.

With regard to class 7 Materials Claims and class 9 'other products' claims, the SFDCT has indicated that claimants will not receive a payment from either of these two funds in this calendar year. In fact, the SFDCT has not yet announced what the Expedited Release payments will be for class 7 Materials claimants, but we will try to post that information here as soon as it becomes available to us.

If you have access to the Internet and would like to check on the status of your claim(s), the SFDCT Claimant Web Interface is operational. In order to access your claim information, please contact the SFDCT at info@sfdct.com or 1-866-874-6099 to request a copy of the Web access Authorization Form. The form requires a valid signature and your email address. SFDCT will then provide you with a username and password to use when accessing your claim information. Of course, Lieff Cabraser will be keeping tabs on all of our outstanding client claims, and we will call you as soon as we get notification of status for your claim(s).

You can also log on to the SFDCT official website at www.dcsettlement.com for basic information and responses to "Frequently Asked Questions" that are written by the SFDCT, and also for updates by the SFDCT Claims Administrator. You may also speak with a claims representative at the SFDCT at (866) 874-6099.

Because deadlines are now running and we may need to speak with you regarding your claim(s) or we may need you to sign paperwork relating to your claim(s), we would like to remind you to please keep us updated with your most-current contact information and to please reply to all telephone calls and correspondence from us as soon as practical. If you have recently moved -- please be sure to inform us of your updated address and contact information.

Remaining deadlines to keep in mind:

Please check back from time to time for further updates regarding our progress within the claims process. We look forward to continuing to work with you throughout this claims administration process. (Please feel free to contact us with individual questions or concerns.)

January 2006 Update

The Effective Date in the Dow Bankruptcy proceedings was declared to be June 1, 2004, therefore the claims process has been officially underway since that date. There are some important things for breast implants recipients with prospective claims in the bankruptcy proceedings to know:

First, the opt-out deadline of November 29, 2004 has long since passed. If you did not submit a signed Participation Form by November 29, 2004, your claim was placed automatically -- and permanently -- in the Settlement Facility. The option to opt-out and litigate individually in the Dow Litigation is no longer available to you.

Secondly, Lieff Cabraser has submitted Proof of Manufacturer ("POM") Claim Forms for most of our Class 5 clients, i.e., potential claimants with at least one Dow Corning silicone gel breast implant. For those claimants for whom Lieff Cabraser has received Notification of Status ("NOS") letters from the SFDCT deeming their POM acceptable, we have been submitting your Explant, Rupture, Expedited Release, and/or Disease Claims, and many of you have already received benefit payments for your approved claims.

Please remember that if you accepted the Expedited Release payment, you can no longer apply for a Disease Claim, but you may still be eligible for an Explant and/or a Rupture Claim if you file before the deadline dates (see table of deadlines below). On January 25, 2006, we sent out a mailing to all LCHB class 5 clients whose Dow silicone gel breast implants are still implanted and who may have a rupture of at least one of their implants to inform them that the Rupture Claim deadline is rapidly approaching (i.e., June 1, 2006). Please read the mailing carefully and feel free to call us with any questions pertaining to this deadline. If you do not receive the mailing by the beginning of February 2006, please call us immediately so we can confirm your address and re-send you a copy of the mailing.

With regard to the processing and payment of claims by the SFDCT, please be advised that, although the SFDCT has improved their system of processing and payment of claims, we have been notified that they will be upgrading their computer system during the first quarter of 2006. This means that, from approximately mid-February to mid-April, the SFDCT will temporarily suspend the processing and payment of claims (except for Explant Assistance Claims which will continue to be processed and paid within 30 days). LCHB will continue to submit your eligible claim(s) to the SFDCT, but there is no way for us to know when your claim(s) will be reviewed and/or when your benefits may be paid. We encourage you to contact the SFDCT directly at 1-866-874-6099 or by e-mail at info@sfdct.com if you have any questions regarding payment of your claim during this period.

LCHB has filed Class 9 (Other Products) claims and is now filing Class 7 (Materials) Claims with the SFDCT. Please note that the deadline to file all class 7 Materials Claims (for either Expedited Release or Disease) is June 1, 2006. There are no exceptions or extensions of this deadline. Any class 7 Materials Claim received after this date will not be accepted by the SFDCT. Therefore, if you are a class 7 Materials claimant, you will need to decide with the help of one of our Legal Nurse Consultants (LNCs) and your doctor whether you may qualify for a Disease Claim. If you do qualify, the Disease Claim must be submitted to the SFDCT with supporting evaluation and all appropriate medical records by June 1, 2006. If you do not qualify for a Disease Claim, your Expedited Release Claim must be submitted to the SFDCT by June 1, 2006. This is the only remaining opportunity for Class 7 Materials claimants to receive any compensation in the Dow Settlement.

The SFDCT has indicated that no distributions of Disease Claims will be made from the Silicone Materials Claimants' Fund until each timely Silicone Material Claim is reviewed and evaluated under the Settlement Option selected and the one-year deadline to cure deficiencies, if any, has expired. For those of you who have a claim in Class 9, the Settlement Facility must review and evaluate all timely Other Products claims before distributing Medical Condition Payments to Other Product Claimants. Therefore, claimants will not receive a payment from either of these two funds in this calendar year.

If you have access to the Internet and would like to check on the status of your claim(s), the SFDCT has launched the Claimant Web Interface. In order to access your claim information please contact the SFDCT at info@sfdct.com or 1-866-874-6099 to request a copy of the Web access Authorization Form. The form requires a valid signature and your email address. SFDCT will then provide you with a username and password to use when accessing your claim information. Of course, Lieff Cabraser will be keeping tabs on all of our outstanding client claims, and we will call you as soon as we get notification of status for your claim(s).

Please note that you can also log on to the SFDCT official website at www.dcsettlement.com for basic information and responses to "Frequently Asked Questions" that are written by the SFDCT. You may also speak with a claims representative at the SFDCT at (866) 874-6099.

Because deadlines are now running and we may need to talk with you regarding your claim(s) or we may need you to sign paperwork relating to your claim(s), we would like to remind you to please keep us updated with your most-current contact information and to please reply to all telephone calls and correspondence in a timely manner. If you moved and neglected to inform us of your updated address, or have not received any mailings from us within the past few years, please contact us immediately.

Please check back from time to time for further updates regarding our progress within the claims process. (Please feel free to contact us with individual questions or concerns.)

2005 Revised Settlement Program (RSP) Update (March 1, 2006)

For those claimants with breast implants that were eligible in the Revised Settlement Program (RSP) and may have already received some settlement benefits under the RSP, following is important information for you:

• If you are a "Current Claimant" and have received the $5000.00 Advance Payment, you may still be eligible for an Explant benefit if (1) you haven't already received it, and (2) if your implants were explanted after April 1, 1994, and (3) you did not replace with silicone.
  
  You may also be eligible for Fixed or Long Term Disease benefits if you have one of the compensable diseases under the RSP. If LCHB already filed a Long Term Disease Claim for you and you have received payment(s), you may still be able to upgrade if your disease has worsened. You can contact one of our Legal Nurse Consultants to discuss your possible or existing Disease Claim. Keep in mind that the deadline for filing both Explant and Disease benefits or upgrades is December 15, 2010.

Note: Current Claimants were only eligible to receive Rupture benefits until December 16, 1996 and only as part of the Fixed Disease benefit.

• If you are an "Other Registrant" and have received the $1000.00 Advance Payment, you may still be eligible for an Explant benefit if (1) you haven't already received it, and (2) if your implants were explanted after April 1, 1994, and (3) you did not replace with silicone.
  
  You may also be eligible for Long Term Disease benefits if (1) you have one of the compensable diseases under the RSP, and (2) you did not accept the $2500.00 Supplemental Offer. If LCHB already filed a Long Term Disease Claim for you and you have received payment(s), you may still be able to upgrade your Long Term Disease if your disease has worsened. You can contact one of our Legal Nurse Consultants to discuss your possible or existing Disease Claim. The deadline for both the Explant and the Disease benefits is December 15, 2010.

Note: Other Registrants are not eligible for Fixed Disease benefits. They are only eligible for Long Term Disease benefits if they qualify. Other Registrants are not eligible for any Rupture benefits.

• If you are a "Late Registrant", you may be eligible for Long Term Disease benefits only if payments to all Current and Other claimants does not exceed the Defendants' maximum obligations.

Note: Late registrants are not eligible to receive Advance Payments, Explant benefits or Rupture benefits.

Dangers Posed by Silicone Gel Breast Implants

On May 1, 2001, researchers from the Food and Drug Administration and the National Institutes of Health announced that they had found that when silicone gel spreads outside the border of scar tissue around the breast area, cases of fibromyalgia increased significantly. This is the first study of women whose implants were known to have burst. Fibromyalgia is a syndrome with no clear biological cause that results in generalized pain and tenderness, sleep disturbance and complaints of loss of mental capacity.

In October 2003, an FDA advisory panel voted to allow silicone breast implants back on the market after an 11-year absence. The vote was 9 to 6, and every plastic surgeon on the panel voted to approve the implants.

Thereafter, the Chairman of the advisory panel urged the FDA to override the recommendation because of safety concerns. Thomas V. Whalen, a professor of surgery at the Robert Wood Johnson Medical School, wrote to the FDA: "It is incumbent upon the FDA to demand that the manufacturer establish in a rigorous, prospective, controlled study that these devices, despite their established breakage and leakage rates, are safe in the long term."

Also "extraordinarily troubling," Whalen added, is the enormous costs that women face for additional surgeries and removal of broken or painful implants. "This is a public health issue of no small import that must be addressed should the FDA second this misguided panel decision," Whalen concluded.

On January 8, 2004, the FDA rejected Inamed Corp.'s bid to bring silicone gel breast implants back to the market, more than a decade after they were first banned amid fears the devices harmed women. The FDA heeded criticism that Inamed had not studied the implants thoroughly enough to settle questions on how often they break apart in women's bodies and the resulting health effects from leaking silicone.

In 2005, Inamed Corp. again petitioned the FDA to reverse its ban on silicone breast implants, claiming that today's silicone implants are less likely to break and leak than versions sold years ago. The FDA advisory committee, however, stated that there are still concerns as to their safety and voted against recommending approval of Inamed's implants.

Lieff Cabraser's Role in the Litigation

In 1992, Lieff Cabraser Heimann & Bernstein, LLP, was appointed to the Plaintiffs' Lead Counsel Committee to represent a certified class of up to one million women who had received silicone gel breast implants. Subsequently, we were appointed to the Plaintiffs' Steering Committee (PSC), and currently serve as co-chair of the PSC Law Committee as well.

We are active on all Discovery committees, and have played an integral part in the Dow Corning bankruptcy negotiations. We represent approximately fifteen hundred breast implant clients, who are either members of the class action or who are litigating their cases individually.

The class action complaint asserts claims in strict liability, negligence, and fraud; it alleges design, manufacturing, and marketing defects and seeks compensation for personal injury, emotional distress, economic loss, and medical monitoring on behalf of the class.

Lieff Cabraser was one of five members of the negotiating committee, which achieved a $4.25 billion global settlement with certain defendants. This settlement was renegotiated in 1995 after Dow Corning declared bankruptcy, and is currently referred to as the Revised Settlement Program.

More than 95,000 women have received initial payments, explantation reimbursements, and/or long-term benefits.

We also serve on the Official Tort Claimants Committee (TCC), having been appointed by the U.S. Bankruptcy Trustee in the Dow Corning Corp. Chapter 11 bankruptcy proceedings.

Contact Lieff Cabraser

If you have any further questions or concerns, please feel free to contact one of the members of the Silicone Gel Breast Implants team.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.

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This website is sponsored by Lieff Cabraser Heimann & Bernstein, LLP, a national plaintiffs' law firm.

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