Explant Questions
Q18-1: When will I receive information on the Explant Assistance Program?
You will receive an Explant Assistance packet (EAP) once we determine you have acceptable proof of an eligible Dow Corning implant.
Q18-2: After my Dow Corning breast implant(s) was removed in 1993, I was implanted with implants that contained hydrogel, soy oil or some material other than silicone gel? Will this subsequent reimplantation disqualify me for the Explant payment?
No.
Rupture Questions
Q19-1: Does leakage count as a rupture?
No.
Q19-2: Can a rupture be proved and the claim paid without explantation?
No, unless you qualify for a very narrow exception called the “Medically Contraindicated Exception” which is explained in Q7-22 through Q7-25 of the Class 5 Claimant Information Guide.
Q19-3: I submitted a claim for Rupture several months ago but I haven’t received anything from the Settlement Facility on my claim. When will I receive something?
Prior to the Effective Date of the Plan, the Settlement Facility is authorized to process your claim for rupture only if your Proof of Manufacturer submission was acceptable or acceptable with a minor deficiency. If it is acceptable (or acceptable with a minor deficiency), then we will review the Rupture claim in the order that it was submitted. After the Effective Date, you will receive a “Notification of Status” letter. If your Proof of Manufacturer submission was unacceptable, then we are not authorized to review your claim for Rupture pre-Effective Date.
Q19-4: I have had more than one implant. When I submit a claim for Explant and/or Rupture, does the Settlement Facility evaluate every implant that I have had?
First, the Settlement Facility will only review Dow Corning implants for the Explant and Rupture options. If your other implants were not made by Dow Corning, then these will not be considered. Second, if you have had more than one Dow Corning breast implant, then we will review the proof for each Dow Corning breast implant that has acceptable Proof of Manufacturer (or acceptable with a minor deficiency). We will issue a Notification of Status letter on the Dow Corning breast implant that has acceptable proof or a rupture and/or, if there is a deficiency, the one that would be most likely to be cured within the six month deadline.
Q19-5: I have a brain aneurysm. My doctor told me that I could not undergo surgery to have my ruptured Dow Corning silicone gel implants removed without serious medical risks including death. If my MRI shows that the silicone gel implants are ruptured, can I qualify for a Rupture Payment under the “Medically Contraindicated Exception” described in Q7-22 of the Class 5 Claimant Information Guide?
You may be eligible for the Medically Contraindicated Exception after a review of your medical records. Based on the information you provide, the SF-DCT will determine if your medical condition is a serious chronic condition that prevents you from having the implant removal surgery.
Q19-6: My mother had breast implants and died in 2001. In 2000, she had an MRI that showed her implants had ruptured. Due to her serious, chronic heart condition, she tried but could not have the implants removed because her doctor stated that the surgery was contraindicated. As a result, she never had the ruptured implants removed. Is she eligible for the Rupture Payment under the
If you submit proof that meets the criteria described in Q7-22 of the Claimant Information Guide, your mother's estate may be paid the Rupture Payment.
Q19-7: Q7-22, part 5 of the Claimant Information Guide references the article: “Magnetic Resonance Evaluation of Breast Implants and Soft-tissue Silicone,” Topics in Magnetic Resonance Imaging, 9(2):92-137 (1998)), and indicates that a copy of it is available on the Settlement Facility website. Where is the article?
This article is not available for posting due to copyright laws and the costs associated with obtaining it from the publisher. Claimants may obtain a copy from a local medical library.
Q19-8: I opted out of the Revised Settlement Program and settled with Bristol. I also had a Dow Corning breast implant that ruptured. Will the multiple manufacturer reduction apply to my claim of rupture for my Dow Corning breast implant?
No, it will not apply to the situation described.
Q19-9: My Dow Corning silicone gel breast implants ruptured when I was in a car accident in 1986. Will I still be eligible for the rupture payment?
Assuming that you have the necessary documents to prove that the implants were made by Dow Corning, were removed and were found to be ruptured, then the cause of the rupture is not relevant, and you would be eligible for the rupture payment.
Q19-10: If a pathology report is unavailable, what are my options?
To correct the problem with your records, you can provide from your attorney, the office the facility that performed your explant surgery, or yourself, a statement that the pathology report is unavailable. NOTE: If you or your attorney provides the statement that a pathology report is unavailable, the SF-DCT may request that you describe the efforts taken to secure the pathology report or we may request you to sign a Medical Confirmation Release allowing us to speak to the facility or the office that performed your explant surgery directly.