To find out more about your claim, please go to the Settlement's web site for specific information at http://sfdct.com/home.cfm?agree=9 .  If you have Dow Corning implants and have concerns about your claim, call us at 1-866-250-1756 for assistance. Click the above link for more information.

JANUARY 20,2004:  WE ARE STILL WAITING FOR THE LAST APPEAL TO BE HEARD:

The Court of Appeals of the 6th Circuit is still waiting to hear the oral arguments of Geoff White who has been appealing this bankruptcy for the last several years.  We are hoping that either the arguments will be heard in the near future or Mr. White will withdraw his appeal.  If either of these events happen, then the trust can begin to pay the claims.  However, it will probably be a long time before the claims will be paid.

As we look at the previous updates, we thought this Dow Settlement would have been paid out 2 or 3 years ago.  So, it is with little confidence that we predict a payment this year.  Please be patient for a very unfair process.

In the meantime, we have had a minor victory in keeping silicone breast implants off the market by convincing the FDA to reject the request to put them back on the market.  We have discovered a very informative web site called  Toxic Discovery, www.toxicdiscovery.com.  Log on and get some great information on the latest silicone studies and other topics of toxic products.

Please remember to keep checking the Dow Corning site for the latest information on the progress of the Settlement.

DECEMBER 11, 2002 DOW CORNING SILICONE BREAST IMPLANT LITIGATION UPDATE

On December 11, 2002, presiding U.S. District Court Judge, Denise Page Hood, issued two orders in the Dow Corning bankruptcy case. The first Order authorized the mailing of claim form packages to be mailed during the week of February 18, 2003. These forms are the forms claimants will use to apply for settlement benefits and compensation.

The second Order is a 36 page Opinion in which the Court found that there was sufficient evidence in the record to support the release and injunction provisions in the joint plan of reorganization.

For more information, you can view or download both orders at the District Court's web site: http://www.mied.uscourts.gov/_dow/dowdefault.htm

Although we are delighted to know that the Judge has written this order, she still has to set an effective date for the end of the Bankruptcy. We have no idea when the Judge will set this date. None of the claims can be paid until the Bankruptcy has ended but the claim forms can be mailed out and filled out and returned without the Bankruptcy being over. As soon as we know the effective date, we will let you know.

OCTOBER 9, 2002 DOW CORNING SILICONE BREAST IMPLANT LITIGATION UPDATE

"Good news. After 10 years of waiting for payment from Dow Corning in the Silicone Breast Implant Class Action, the U.S. Supreme Court has decided not to hear anymore appeals on the Dow Corning Silicone Breast Implant Bankruptcy. We are currently waiting for Judge Hood to make her findings of fact that support the final version of the Bankruptcy Plan. Once her order has been written and filed, the Dow Corning Settlement Trust can get to work sending out new forms and begin processing claims. We will update the web
page and write to our clients as soon as we get more precise information such as dates for registering, submitting claim forms etc. As of today, we must still wait for Judge Hood's order before any new information will be forthcoming. Please refer to the following web sites for more detailed information.
http://tortcomm.org/
http://sfdct.com/home.cfm?agree=9

AUGUST 27, 2002 STATUS UPDATE

Status of Appeals -- The issue of additional findings of fact that support the release of third party non-debtors (i.e., insurers, shareholders, etc.) in the Dow Corning settlement plan has been briefed and argued to the U.S. District Court. The matter is under submission and we are waiting for a ruling. As soon as we learn of a ruling, we will post news on this website.
Once the U.S. District Court rules, there will likely be another round of appeals to the U.S. Court of Appeals to the 6th Circuit. We do not know how much longer the appeals may take. This depends entirely on the schedule of the courts.

The motion by the Nevadan objectors asking the U.S. Supreme Court to accept its appeal is also pending. The U.S. Supreme Court is not in session currently, so no decision on the motion is expected until the Court resumes its session in October 2002.

Claim Forms -- We do not have any new information on when the claim form packages will be mailed. On July 22, 2002, the Tort Claimants Committee sent a letter to the U.S. District Court urging the Court to mail claim form packages as soon as possible. No action is currently scheduled.

Settlement with U.S. Government -- All signatures to the proposed settlement of the U.S. Government's claims have been obtained and submitted to the U.S. District Court. The matter is now under submission to Judge Denise Page Hood.

Updates of address or name changes -- Please send all changes and updates on names and address changes to the following address:

Settlement Facility -- Dow Corning Trust
P.O. Box 52429
Houston, TX 77052-2429

UPDATED JULY 19, 2002:

The hearing scheduled for July 18, 2002 before Judge Denise Page Hood on the proposed settlement with the U.S. Government was cancelled because there were no objections filed regarding the settlement. We are currently waiting for the Department of Justice to obtain all of the necessary signatures from the various federal agencies and to submit them to the Court for approval of the settlement. When we receive an order from the Court or other information
in the case, we will post an update on this website.
http://sfdct.com/home.cfm?agree=9

MAY 31, 2002 DOW CORNING BANKRUPTCY UPDATE:

United States District Judge Denise Page Hood entered an order scheduling a hearing in the case for Friday, June 14, 2002 at 9:30 a.m. in Detroit, Michigan. The hearing is on the proposed supplemental facts submitted by the Tort Claimants Committee and Dow Corning in support of the Amended Joint Plan of Reorganization of Dow Corning. The hearing is open to the public.

MAY 20, 2002 UPDATE:

The Nevada objectors filed a petition for writ of certiorari (appeal) but it exceeded the 60 page limit. They corrected their petition for writ of certiorari (appeal) to the United States Supreme Court on May 17, 2002. A response by the Plan Proponents must be mailed to the Supreme Court no later than Monday, June 17, 2002. The petition for appeal to the Supreme Court should not delay or affect the ability of the District Judge Denise Page Hood to move forward with a hearing on the supplemental facts. When we learn of a scheduling order or hearing date, we will post this information on our website.

MAY 6TH SILICONE BREAST IMPLANT DOW SETTLEMENT UPDATE:

This is the latest update from the Tort Claimant's Committee which appeared on their web page as of Monday May, 6, 2002. http://tortcomm.org/.

On Friday, May 3, 2002, the 6th Circuit Court of Appeals issued its ruling on the pending motion by the U.S. Government to rehear the appeals on the Dow Corning bankruptcy settlement plan. The court denied the motion, sending the case back to the U.S. District Court. This means that the court of appeals will NOT rehear the challenges to the settlement plan, and that the case will soon be back before District Judge Denise Page Hood. We will post an update as soon as Judge Hood schedules a hearing on the settlement plan or otherwise enters any order regarding this case.

Once the matter is returned to Judge Hood, she is required by the 6th Circuit Court of Appeals to set a date for a hearing at which she will take more testimony and make findings of fact that support the decision of the 6th Circuit that because of the bankruptcy, Dow Chemical cannot be sued by Plaintiff objectors. Unfortunately, I am afraid that once her findings of fact have been written and put into an Order, some of the Plaintiff’s will appeal whatever findings she has made and then we are another year or more into the appeals process.

FARIS & FARIS LAW OFFICE interprets this announcement to mean that there is a small bit of hope that the Dow Corning Silicone Implant claims may begin to be processed by the end of this year or early 2003.

We will update our web page with any new information as we receive it. You may find additional up to date information on http://sfdct.com/news.cfm (Dow Corning Settlement Web Site) or http://tortcomm.org/ (Tort Claimant's Committee).

Revised Settlement: Baxter, Bristol, 3M, Post - 84 MCGhan

We have completed processing all of our current claimants eligible for the Revised Settlement for the Baxter Bristol, 3M, and Post - 84 McGhan Manufacturers. Those of you who were classified as other registrant in the Revised Settlement (that is, had no disease classification when we submitted claims in 1994) are still eligible for compensation through the Long Term Benefit option, if you develop Lupus, Scleroderma, dermatomyositis, polymyositis or a specific group of symptoms called General Connective Tissue Syndrome. If you have developed arthritis (not osteoarthritis), please contact Priscilla Faris, either by phone, by letter, or by email at priscilla@faris-faris.com. She will discuss with you the possibility of applying for benefits under the Long Term option. If you have already received disease compensation through the Revised Settlement fixed option, you are not eligible for further compensation through the Long Term Benefit schedule.

INFORMATION ON THE DOW CORNING SETTLEMENT:

The Dow bankruptcy settlement plan was approved by Judge Spector in November of 1999. The plan was essentially the same as we explained in our letter of March, 1999. However, there were several appeals filed, and a hearing on the last appeal was heard in the U. S. Sixth Circuit Court on October 23, 2001. As of November 2001, we do not yet have a ruling on that appeal. The parties may seek further review by the U. S. Supreme Court. No claims will be paid until the plan appeals process is completed, and no time line is available for that process. However, Judge Denise Hood has ordered that the claims forms must be prepared by January 8, 2002, and be ready for mailing at a time to be decided by the District court. Therefore, clients waiting for compensation for their Dow Corning implants should not expect to see any money in 2002 but maybe the plan will be ready to pay in 2003. That includes explant payments, rupture payments, and disease payments.

When we receive the claim forms, we will forward them to you as quickly as possible. Please be aware that the claims forms will not be mailed out until the District Court orders it. As soon as we receive claims packets, we will write to you, explaining the plan in more detail, and including forms for you to sign and return. We will most likely have to submit proof of manufacturer forms in order to establish your eligibility. In almost all cases, we have the necessary documentation of manufacture, and all we will need from you are signatures. If we need more documentation of your manufacturer, we will contact you directly. Please do not call the office to ask if we need anything for your file. If you have Dow Corning implants, and you are being treated for arthritis, lupus, scleroderma or fibromyalgia, you may go ahead and send us medical records from the last two years from these treating doctors.

WHAT CAN YOU EXPECT FROM THE SETTLEMENT?

We expect that women who have had Dow implants removed after December 31, 1990 will receive a $5,000 explant benefit. Those with Dow implant ruptures, according to settlement definition, will receive a $20,000 rupture benefit. Disease payments range from $5,000 to $250,000, with the majority of claimants in the $10,000 to $20,000 range. We expect that the explant and rupture benefits may be paid within a year or so of the effective date, and that the disease benefits will take longer to process. Fortunately, in the Dow plan, you will not have to wait until your disease benefit is approved to receive your explant and rupture compensation.

When the plan goes into effect, we will submit the proof of manufacturer, explant, and rupture claims quickly, so that you can get some money in your pocket as soon as possible. We will be submitting the disease claims next, as we review each claim for accuracy of the existing medical documentation and prepare supplemental documentation prior to submitting the disease claim. We are not preparing new disease claims prior to the plan's final approval, because the examinations and medical-legal letters are quite expensive, and we do not want you to spend this money until we know for certain the plan is put into action. Your documentation of manufacturer, explant, rupture, and disease will have to be reviewed by the Claims Office, and must be approved before the relevant part of the claim will be paid.

DOW GEL IMPLANT CLAIMS:

Everyone who had implants containing Dow silicone gel has a claim in the bankruptcy. But many will not receive any money for their gel claim. If you have received compensation in the Revised Settlement, do not expect to receive any money for your Dow gel claim. There will still be forms to sign and fill out, and we will follow through with this, but do not expect to receive Dow gel money if you have received benefits through the Revised Settlement. Only Revised Settlement clients who have developed diseases compensable under the Long Term Benefit have a chance to receive additional compensation for their Dow gel claims. So if you have developed lupus, scleroderma, dermatomyositis, polymyositis, or polyarthritis please leave a message for Priscilla and she will call to discuss this with you.

If your implants were manufactured by Cox, Mentor, or Bioplasty, and you did not have an implant eligible for the Revised Settlement, your Dow gel claim will be based upon your disease classification. Only those claims submitted within two years of the effective date will be considered. Amounts are expected to range from $3,000 to $100,000. Most of those eligible for Dow gel compensation should expect to receive between $3,000 and $8,000.

The Claims Office will not begin to look at the Dow gel claims until two years after the plan becomes effective. So if you are eligible for Dow gel compensation, do not expect any money for at least three years after the plan goes into effect.

EXPLANTING SURGERY OF YOUR IMPLANTS:

BE CERTAIN TO CALL AT LEAST A MONTH BEFORE ANY EXPLANT OF DOW IMPLANTS. We have a packet of instructions on preserving your implants to send to you.

More Information Sources

If you have access to the internet, you can check www.tortcomm.org for postings of the Tort Claimants Committee, which represents the implant claimants as a group in reaching a settlement with Dow Corning. Dow Corning has a website at www.DCSettlement.com. You can also call the Dow Corning information line at 1-888-875-5949. Please be aware the Dow Corning number and website is maintained by Dow Corning itself, and may not always present an unbiased view of the settlement proceedings.

HAS YOUR AREA CODE CHANGED?

Many of you have had area code changes within the past two years, and we are having a difficult time tracking these changes. If your area code has recently changed (other than to 651), please email Priscilla at priscilla@faris-faris.com, drop us a note, or call and leave your corrected number with whoever answers the phone. As the Dow Settlement develops, we may need to reach you by phone, and this will make our efforts more effective. As always, keep us posted as to address and telephone changes.