General Frequently Asked Questions

Q16-6:  If I previously submitted medical records to MDL-926 Claims Office, do I have to submit them again?

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.

Q16-7:  Where on the claim form do I state that all of my documents have been previously submitted?

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.

Q16-8:  Do I have to submit the original medical records or are copies good enough?

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. 

Q16-9:  Are the identifiers of the explanted implant on your website or published someplace?

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. [/collapse]

Q16-10:  Since I was implanted, my name changed through marriage and/or divorce. How will the Settlement Facility be able to match my medical records if they contain different names? Should I write a list of the names that I have had and submit it?

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.

Q16-11:  If I disagree with my classification, how can I get it changed?

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. 

Q16-12:  How can I contact the MDL–926 Claims Office about my claim in the Revised Settlement Program? 

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

Q16-13:  My claim forms were sent to my attorney (or former attorney). I no longer want that attorney to represent me, but (s)he will not give me my claim forms. How can I submit my claim if my former attorney won't give me my claim forms?

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. 

Q16-14:  I am listed as the attorney of record for my client and received the claim form package on her behalf. Can I sign the forms for her or does the claimant need to sign the forms?

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. 

Q16-15:  How do I know if I am listed as the attorney of record for my client?

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. 

Q16-16:  How do I become an attorney of record for my client?

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. 

Q16-17:  I am the attorney of record and can sign the claim forms for my clients. Can I use a stamped signature or must I sign each of the claim forms myself?

You can use a stamp of your signature.

Q16-18:  The MDL Claims Office sent me a letter stating that I have a Dow Corning and a Bristol implant and therefore my claim was reduced by 50%. According to the information in my claim package, a reference to a “Cronin” implant after 1971 is not acceptable proof that the implant was made by Dow Corning. Does this mean that I won’t receive anything for the Cronin implant?

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. 

Q16-19:  I want to assign my rights to settlement proceeds from the Dow Bankruptcy case as collateral on a loan. Can I do this?

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

Q16-20:  Does the Settlement Facility come under the HIPAA guidelines and regulations?

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. 

Q16-24:  Is there a document anywhere that lists the identities of the Released Parties?

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.

Q16-27:  How can I find out more information about the Settling Insurers?

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. 

Q16-28:  I am represented by an attorney. Why do I have to provide my address to the Settlement Facility?

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. 

Q16-30:  I am an attorney and I received a W-9 Form from the Settlement Facility but I had already submitted my Tax Identification Number. Do I have to return this form?

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

Q16-32:  I am in Class 8. What should I do now?

Please refer to the Amended Joint Plan Section 5.4.2 , which is available on our website, 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 

Q16-33:  How can I find out if my health insurance plan is one of the settling health insurers?

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. 

Q16-34:  Is there a newsletter or mailing list that I can be placed on to receive regular updates about the Settlement Facility?

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: and click on the heading "Electronic Newsletter." The mailing list is confidential and is available for claimants and counsel representing claimants. 

Q16-35:  My only implants are either 3M, McGhan or non-Dow Corning implants that are not eligible for settlement benefits. I do not wish to pursue litigation and want to withdraw my claim from the Dow Corning bankruptcy. How can I withdraw my claim since I did not receive a Participation Form?

You can download the Claim Withdrawal Form from the Settlement Facility website at (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. 

Q16-36:  My client has a Dow Corning breast implant claim and a claim for a hip implant against Wright Medical Technologies. Can she participate in the Settlement Option for her Dow Corning breast implant and separately pursue a lawsuit against Wright Medical Technologies?

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

Q16-37:  My insurer is not on the Settling Insurer’s list. Does this mean that I have to reimburse my insurer from my payments in the Dow Corning Settlement Option?

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. 

Q16-38:  Is the Inamed fund part of the Dow Corning bankruptcy? How do I apply for the Inamed fund?

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.

Q16-39:  If I sign the Participation Form and then later receive a letter from the Settlement Facility stating that my Proof of Manufacturer is deficient or unacceptable, can I withdraw my election to settle and opt-out?

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

Q16-40:  Is there a form that I should use when I send in additional information for a re-review?

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. 

Q16-41:  I would like to contact an attorney to discuss my case. Is there a list of attorneys who are willing to accept cases?

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

Q16-42:  Are allowable expenses taken from the gross amount before attorneys fees or from the client’s net settlement?

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. 

Q16-43:  I received a letter from the Settlement Facility stating that the MDL 926 Claims Office had asserted a lien against my claim. I don’t understand this. What should I do?

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.