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HERE IS WHAT YOU CAN DO:
 
First, know this:  Signing on to this letter/petition will not hold up claims processing.  As we understand, by reading newsletters and pleadings made by the Claimants' Advisory Committee, claims are currently being processed with this more harsh change to what we agreed upon when we voted on the Plan .  We have also understood that the Claims Administration has stated (but we have not seen this written any where beyond the CAC Newsletter) that women can submit their claims and be compensated at a lower level, and if Judge Hood rules more favorably on this issue, we are to be allowed to submit for the higher level of disability. 
 
If you submit your disease claim and you are given a "Deficiency Letter," and the "deficiency" is about not qualifying for Level A Disability in Option 1, you, or your attorney if you, or your attorney if you have one, could write to Judge Hood for "CLARIFICATION" because of the lack of a ruling (UNLESS SHE HAS RULED, which as of October 24, 2006, she has not ruled).
 
In the meantime, claims are being processed in this very unfair way, even though CAC began submitting pleadings on this issue just about six months after the Plan became effective in June 2004.   As Judge Hood contemplates her decision, we are able to send our voice from the sidelines as we agree with CAC and add some perspectives, which have not been presented to Judge Hood. 
 
Now it's easier than ever for you to stop in your tracks right now and sign this Petition by the following two options:
 
 
WRITE JUDGE HOOD
 
COPY and PRINT OUT the PETITIONat the BOTTOM OF THIS WEB PAGE, and fill in actual signatures and then mail it to Judge Hood.  You could make a cover letter, but very short (not telling your implant story, or it will take away from the focus right now).  You could tell her the financial impact, the shock and disappointment of learning of the change in the agreement, and what it is like to be ill with an INVISIBLE CHRONIC DISABILITY.  You could say, suppose, Your Honor, this would happen to your daughter.
 
 
 

NOTE to those who are signing petitions:   

Judge Hood could rule at any time while signatures are being gathered, so please take action right away.   

 

 Please send directly to Judge Hood, as described below. 

 

YOU ONLY NEED TO SEND NEWLY SIGNED SIGNATURE PAGES.

IT IS NOT NECESSARY TO SEND THE ENTIRE LETTER AND ATTACHMENTS

(which will already have been sent to Judge Hood). 

Please avoid any duplicate signatures.

 

THIS IS THE ADDRESS TO MAIL TO JUDGE HOOD, which needs to be logged in through the Court's Dow Corning Litigation Unit first: 

 

Dow Corning Litigation Unit
United States District CourtEastern District of MichiganSouthern Division
231 W. Lafayette Blvd., 5th Floor
Detroit, MI 48226
 
 
YOU CAN COPY ALL OF THE TEXT BELOWINTO YOUR WORD PROCESSING SOFTWARE ANDTHEN PRINT OUT THE FOLLOWING -- 

 

 

To:

 

Honorable Denise Page Hood

From:

 

 

 

Date:

 

 

 

Re:

Changes to Dow Corning Settlement Agreement� criteria and compensation for disabilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

PETITION

 

To the Honorable Denise Page Hood, District Judge, U.S. District Court, Eastern District of Michigan, Southern Division:

 

We, the undersigned, citizens, claimants and interested parties of the Dow Corning Settlement Agreement regarding silicone implants, respectfully plead for Your Honor to disallow a change of the settlement agreement regarding the cumulative effect of symptoms as written and agreed upon in each definition of Severity/Disability Compensation Categories for Option 1:

 

The compensation level for [ACTD / and other Option 1 diseases, as noted] will be based on the degree to which the individual is �disabled� by the condition, as the individual�s treating physician determines in accordance with the following guidelines.  The determination of disability under these guidelines will be based on the cumulative effect of the symptoms on the individual�s ability to perform her vocational,4 avocational,5 or usual self-care6 activities.  In evaluating the effect of the Breast Implant Claimant�s symptoms, the treating physicians will take into account the level of pain and fatigue resulting from the symptoms.  The disability percentages appearing below are not intended to be applied with numerical precision, but are, instead, intended to serve as a guideline for the physician in the exercise of his or her professional judgment.

 

A.                          Death or total disability resulting from the compensable condition.  An individual will be considered totally disabled if she demonstrates a functional capacity adequate to consistently perform none or only few of the usual duties or activities of vocation or self-care.

B.                           (Also, the same as written in the Settlement Program).

C.                          (Also, the same as written in the Settlement Program).

 

                4 Vocational means activities associated with work, school, and homemaking.

                5 Avocational means activities associated with recreation and leisure.

                6 Usual self-care means activities associated with dressing, feeding, bathing, grooming, and toileting.

 

We also ask Your Honor to consider the points made in the letter regarding this petition dated August 2, 2006 written by claimants who are participating in the Dow Corning Settlement Agreement.  In closing our letter asks for:
 

>  Your Honor, please deny any changes to this Settlement Agreement regarding the issue of self-care and clarify that the Settlement Agreement regarding Disability Level A for Option 1 diseases shall be applied exactly as the criteria states in all three settlement programs -- �vocation or self-care�, as defined regarding the cumulative effect of �vocational, avocational or usual self-care activities.� 

 

>  Please do not allow the word �and� to be replacing the word �or� in any new Questions and Answers booklet.  This would be misquoting the criteria in the overriding Settlement Agreement.  (Besides, if it is believed that the word would have to be changed, then it clearly is a change).

 

>  It would be a simple matter to refer to the Social Security Rulings, and the Code of Federal Regulations in relation to disability evaluations of those claimants with qualifying medical criteria who were working before they became disabled. 

 

>  It is only reasonable to stipulate that those who have already established themselves on Social Security Disability (including SSDI) should be considered �totally disabled� as a Level A in Option 1, as long as their qualifying disease (as the Plan states) is attributed to be the cause of the disability.

 

>  Those who have qualified as disability level A in the Fixed Benefit Schedule, and also the equivalent of Option 2 diseases, of the RSP, should be considered the same in the Dow Settlement Agreement. 

In processing claims for Option 1, Level A Disability the procedures should align with claims that used the �or self-care� protocol, and that should be the end of it.

 

Signed and dated by the following individuals:

 

SIGNATURES 

 

Name   (First and last name printed)

Address   (Street & no., city/state/zip.

                  Can use 2 lines within 1 box)

Signature

Date Signed