General Frequently Asked Questions

If you have already sent medical records to the MDL-926 Claims Office, then you do not have to re-send the same medical records. The Settlement Facility will have access to all records you submitted to the MDL- 926 Claims Office. However, to trigger a review of these records, you must still complete these claim forms.

Each Claim Form has a box to check to indicate that you have previously submitted your medical records and that you are not attaching any additional records.

You may submit a copy of the medical records. They do not have to be originals. If the copies are illegible, the Settlement Facility may request the originals.

The unique identifiers used to identify Dow Corning implants for Class 5 claimants are listed in Q5-8 of the Class 5 Claimant Information Guide. This guide is a part of each Class 5 claim form package and is available for download on the SF-DCT website. The list is also available in Schedule I, Part I, Section D of Annex A to the Settlement Facility Agreement.

You may submit a list. The Settlement Facility is also able to match medical records if they contain the same Social Security Number or if the name change is reflected in other documents that you submit.

Submit all of the information that you feel is pertinent to your request for reclassification, including a letter describing why you feel your claim should be reclassified. The Settlement Facility will then review your request and make a determination on your claim’s classification.

Call the toll free number for the Revised Settlement Program at 1-800-600-0311.

Write a letter to the Settlement Facility informing us that you are no longer represented by an attorney and that you have been unable to get a copy of your claim form package. We will update our records and mail a new set of claim forms to you.

Attorneys of record may sign the claim forms with two exceptions: the claimant must personally sign the Participation Form and the Waiver of Opt-Out Right / Conditional Waiver of Opt-Out Right Form.

If you received the claim form package for a claimant, then you are listed as the attorney of record for that claimant. If you did not receive claim forms for a particular individual, then you are not listed as the attorney of record.

You can either send a letter signed by your client that states that you are the attorney of record or you can provide your name, address and law firm information on the claim form box that asks for updated or new information about the claimant. The claimant must sign the claim form in order for the attorney change to be valid.

You can use a stamp of your signature.

Yes,however you may request that the Settlement Facility submit your proof to Dow Corning through the "Individual Review Process." Dow Corning may, on an individual case basis, decide to accept your proof as a Dow Corning implant, thus allowing you to participate in the Settlement Facility.

The Settlement Facility cannot answer legal questions such as this. You may wish to consult an attorney.

SF-DCT is not a “covered entity” under the definitions issued under HIPAA. The Settlement Facility does, however, have very strict internal confidentiality policies to protect your privacy, including: restricted access to claimant files; confidentiality agreements signed by all employees; assignment of a unique identifier to each claimant (separate from a claimant’s social security number), etc. These and other measures are evidence of our ongoing commitment to protecting your confidentiality.

The term “Released Parties” is defined in section 8.3 of the Amended Plan and incorporates other terms defined in the Plan, specifically, Debtor-Affiliated Parties, Shareholder-Affiliated Parties, and Settling Insurers (and related persons or entities) and except for Malpractice Claims, Settling Physicians and Settling Health Care Providers. In most instances, the Plan definitions for these terms are sufficiently detailed to enable a claimant’s lawyer to determine whether a particular entity is a Released Party. However, there is no self-contained exhaustive list of all of the Released Parties or all of the entities subsumed within that definition or other defined terms imbedded in that definition. With respect to Wright Medical Technology, Inc. in particular, that entity is NOT one of the Released Parties.

Call Claims Assistance and provide the representative with the name of your health insurance company or plan. We will research the issue and communicate any additional information to you.

The Settlement Facility has an obligation to classify claimants based on their citizenship, place of implantation, or, in some instances, based on their country of residence. Therefore, we need an address for each claimant. If we only have an attorney’s address on file and do not have the claimant’s address, then we cannot issue the award letter and payment until the claimant’s address is provided to the Settlement Facility.

Yes, to avoid the delay of future payments, you must return the W-9 form to the Settlement Facility.

Please refer to the Amended Joint Plan Section 5.4.2 , which is available on our website www.dcsettlement.com, for a complete description of the rights of Class 8 claimants. If you wish to pursue compensation for your Class 8 claim, you must file a lawsuit within timeframes specified in Case Management Order. For more information you may contact the Office of the Plaintiff’s Liaison Counsel at 205-252-6784 or by electronic mail at info@oplc.org.

The Settlement Facility has posted a list of those health insurance plans that have been identified as participating in the settlement. The list is available in the Downloads section of this website. If your health insurance plan is listed, this means that you do not have to reimburse or pay any of your settlement compensation to your insurer. Despite best efforts, the list is not complete so if you do not see your health insurance plan, please call Claims Assistance and we can make an inquiry for you to the appropriate representative of the health insurers.

The Settlement Facility regularly updates its website with new information, so you should check this official website. The Claimants' Advisory Committee has recently established an electronic newsletter that you can sign up for. To do this, go to their website at: www.tortcomm.org and click on the heading "Electronic Newsletter." The mailing list is confidential and is available for claimants and counsel representing claimants.

You can download the Claim Withdrawal Form from the Settlement Facility website at www.dcsettlement.com (available in the Downloads section of that website)or you can obtain a copy of this form by calling Claims Assistance at 1-866-874-6099.

Yes, in the limited facts described above, your client may take both of the actions described.

Yes, you may have to reimburse your insurer if it was not one of the participating insurers on the Settling Insurer’s list. Check with the Claims Assistance Program for more information about the Settling Insurer’s list.

No, the Inamed fund is a separate settlement. For more information about that fund, please contact the MDL 926 Claims Office at 1-800-600-0311.

No. Once you elect to settle, you cannot change your mind.

Yes. Use the form included with your Notification of Status letter called the “Additional Information Form.” The Settlement Facility will prioritize this form for immediate review for claims that are under a deadline to cure a deficiency.

You may contact the Claimants' Advisory Committe at info@tortcomm.org. The Settlement Facility is not endorsing or recommending any specific law firm or attorney.

The Plan is silent on whether fees are taken on the gross or net settlement; therefore, the fee arrangement and/or state law controls this calculation.

Contact the Claims Assistance Program for more information. The MDL 926 Claims Office is currently reviewing the liens that it asserted to check for accuracy. As a result, they are withdrawing a large number of the liens. If you believe you received the lien letter in error, contact the Claims Assistance Program.