The deadline to file a Proof of Claim in the bankruptcy case was November 30, 1999. The deadline to file a Notice of Intent claim was August 30, 2004. All claim requests filed after August 30, 2004 are considered "late".
On December 12, 2007, the parties submitted an Agreed Order Allowing Certain Late Claimants Limited Rights to Participate in the Plan’s Settlement Facility Late Claimant Order. The Agreed Order allowed limited benefits to "Eligible Late Claimants", i.e. persons who submitted a late claim request that was dated on or before June 1, 2007 and received by the court on or before June 5, 2007 and who either has (1) a breast implant manufactured by Dow Corning whose claim is being placed in class 5, 6.1 or 6.2 or (2) has a silicone gel breast implant manufactured by a company other than Dow Corning whose claim is being placed in class 7 or (3) has a Covered Other Product manufactured by Dow Corning whose claim is being placed in class 9, 10.1 or 10.2.
Persons who submit a late claim request dated after June 1, 2007 or whose late claim request was received by the court after June 5, 2007 are not Eligible Late Claimants and are not eligible for any benefits in the Plan and, in the Agreed order, the court found that these claims are "presumptively without merit and that allowance of these late claim requests other than through an agreement by Dow Corning and the CAC and an order of this court, would unfairly prejudice the interests of timely filed claimants, increase the administrative burdens and costs of the SF-DCT, undermine the SF-DCT's need for certainty in formulating accurate projections and administering the Settlement Fund, and threaten the important rule of finality inherent in the confirmation of the Plan under the Bankruptcy Code".