Will The Deadline Apply To A Proof Of Manufacturer Claim?

Yes, the deadline applies, even if you didn’t receive an official Notification of Status letter. If you have never submitted your documents showing you were implanted with a Dow Corning implant, it MUST be submitted by the June 3, 2019 deadline. In addition, based on Closing Order 1, you must also simultaneously submit your Disease Claim documents with your Proof of Manufacturer claim.

What If I Received A Letter From The Settlement Facility With A Different Deadline? Does The June 3, 2019 Deadline Still Apply To My Disease Claim?

No, in this case it does not apply. A letter from the Settlement Facility with a specific deadline to cure a Disease deficiency provides your deadline, and the stated date in that letter is your official final deadline. If you have any questions or are unclear about your deadline in any way you must contact the Settlement Facility and resolve your questions. Remember it is your responsibility to meet your deadline as assigned to you by the Settlement Facility. Pay attention to ALL correspondence you receive from the Settlement Facility, follow all guidelines and adhere to all deadlines the Settlement Facility issues to you.

Will This Deadline Apply To Any Other Missing Information Within A Claim?

Yes, absolutely, the deadline applies to every kind of submission and all types of missing information unless you have received an official letter from the SF-DCT regarding your claim, and in that letter the SF-DCT has issued a different deadline to your specific claim.

If The Settlement Facility Is Closing, What Can I Do To Prepare?

It is critically important to first know if you are even eligible. You can call the SF-DCT to confirm that you are registered with Dow Corning, if you have the correct brand of implant on file, and if you have medical records confirming you were implanted with Dow Corning implants. You need to understand the compensable symptoms as well as what documentation is required to obtain a settlement. If you need help or have questions contact your attorney and/or the SF-DCT.

My Attorney Has All Of My Information And I Cannot Reach Him. What Can I Do Now?

If you need important information and cannot reach your attorney you may always contact the Settlement Facility to get the status of your claim, request claim forms or other documents you need. Remember, if your attorney misses your deadline, then YOU miss your deadline and as such your claim will be denied. Do not delay and miss your deadline, submit the documents yourself if you have to. If you are seeking new representation, the claims office has a list of firm who are still accepting new clients.

Who Determines The Deadline? Why Does It Exist?

The deadline is not arbitrary. It was established in the Amended Joint Plan of Reorganization in 2004. This is the official document that governs how the Settlement Facility and claims processing works and it was approved by the bankruptcy court that first oversaw Dow Corning’s bankruptcy proceeding. As it has been set up, the Plan provides claimants the opportunity to submit claims for up to 15 years after the effective date of June 4, 2004. According to that timeline the end of that 15-year period occurs on June 3, 2019.

What Could Happen If I Miss This Deadline?

If you fail to properly submit the Proof of Manufacturer Form as well as the Expedited Release/Disease claim form, including any and all required companion documents that are necessary to support your claim, postmarked on or before the final date of June 3, 2019, your claim will be denied and you will be forever barred from any future claims. Please also note this does apply to any new claims for Increased Severity as well. There are absolutely no extensions, please govern yourself accordingly.

Regarding Notices Referencing The Closing And Final Deadline—Am I Eligible For Payment?

Even if you have received a Notice, you cannot assume that you are eligible for payment. This Notice was mailed out to women specifically in Classes 5, 6.1, as well as 6.2 who filed a Proof of Claim form in the Dow Corning bankruptcy and who acknowledged that they had at some point in time received Dow Corning breast implants. It is important to note however that simply filing a Proof of Claim form does NOT automatically guarantee you will be compensated for a claim.

If My Disease Claim Becomes More Severe After The Date Of June 3, 2019 Can I File A Claim For The Increased Severity At That Point?

No, you may not. Unfortunately no new claims will be accepted after the official deadline of June 3, 2019.

For more information on Deadline For Proof Of Manufacturer Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 529-6268 today.

Attorney Sheryl E. Berkowitz

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(800) 529-6268

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