Breast Implant Litigation and Lawsuits

The Law Offices of Fenstersheib & Berkowitz is a firm with the goal of helping clients through out the United States and dedicated to the representation of class action claims involving defective medical products, including breast implant lawsuits resulting from problems with breast implants. We are committed to help those who, through no fault of their own, were injured by an unsafe or defective device or product. Our team of lawyers and legal professionals represent claimants throughout the United States.

Posts Tagged ‘Silicone Breast Implant lawyer’

Fenstersheib and Berkowitz Helping Women With Silicone Breast Implant Claims

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

Breast implant  lawyers Fenstersheib and Berkowitz can help you in California and nationwide.

We can help with MDL-926 deficiency notices, disease proof and proof of manufacturer. You may be entitled to Social Security Disability due to Silicone Poisoning. Approved  disability claims are frequently diagnosed with Auto-immune, Lupus, Multiple Sclerosis which many of the silicone breast Implant class action claimants have.

Breast implant class action claimants  have reported a diversity of symptoms and signs that are also associated with rheumatic or autoimmune diseases.symptoms include:  arthralgias, swollen or tender lymph glands, myalgias, dryness of mouth or eyes, skin changes, and stiffness.

Immune Deficiency Diseases Specific To Silicone Breast Implants

1. Rheumatoid Arthritis

2. Systemic Lupus Erythematosus

3. Scleroderma

4. Fibromyalgia

5. Dermatomyositis

6. Amyotrophic Lateral Sclerosis [ALS}

7. Multiple Sclerosis [MS}

8. Sjögrenís Syndrome

Silicone  breast Implants have been associated with various complications that  involve an immune reaction to silicone or a silicone organic complex.

COMPENSATION WITHIN THE DOW SETTLEMENT IS STILL AVAILABLE FOR CALIFORNIA WOMEN

If you have previously filed a claim within the SF-DCT, you are only allowed 2 reviews to cure your claim's deficiencies. Therefore it is imperative that you submit the correct documents prior to your 1 year deadline to cure your deficiencies.

You owe it to yourself to call us and find out about your legal rights within the SF-DCT, regardless of your status.  Our compassionate staff would welcome the opportunity to explain your legal rights and discuss your potential claim with you. Please call us for a free consultation of your legal rights.

We welcome the opportunity to see your claim through and help you receive the maximum recovery in Bakersfield,  Chico, Fresno ,Humboldt County ,Inland Empire, Long Beach, Los Angeles, Mendocino ,Merced, Modesto ,Monterey ,  Oakland ,Palm Springs , Palmdale , Redding, Sacramento, San Diego, San Fernando Valley,  San Francisco, San Gabriel Valley,  San Jose, San Luis ,Obispo,  San Mateo, Santa Barbara, Santa Cruz , Santa Maria , Siskiyou, Stockton , Susanville ,Ventura ,Visalia, CA

Autoimmune Diseases and Silicone Breast Implant Disease Claims

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

Breast Implant lawyers can help you with auto immune related disease claims if you are curremtly registered with  the MDL-926 and SFCT and other manufacturers.

Typical symptoms associated with silicone include cognitive dysfunction, short-term memory loss, Sjögrenís syndrome (dryness in glands, such as the mouth, kidneys, eyes, and lungs), scleroderma, rheumatoid arthritis, dermatomyositis, severe joint and muscle pain, incapacitating fatigue, swollen lymph glands, skin problems, peripheral numbness, multiple allergies, headaches, hair loss, sunlight sensitivity, central nervous system disorders (similar to multiple sclerosis), and others.

Breast implant patients have reported a diversity of symptoms and signs that are also associated with rheumatic or autoimmune diseases.Symptoms include:  arthralgias, swollen or tender lymph glands, myalgias, dryness of mouth or eyes, skin changes, and stiffness.

Immune deficiency Diseases Specific To Silicone Breast Implants

1. Rheumatoid Arthritis

2. Systemic Lupus Erythematosus

3. Scleroderma

4. Fibromyalgia

5. Dermatomyositis

6. Amyotrophic Lateral Sclerosis [ALS}

7. Multiple Sclerosis [MS}

8. Sjögrenís syndrome

Silicone  breast implants have been associated with various complications that  involve an immune reaction to silicone or a silicone organic complex.

Symptoms of Fibromylagia Include:  Painful areas  or tender points, deep aches or a shooting, burning pain, waking up with body aches and stiffness, fatigue, depressed mood,sleep problems ,Irritable bowel syndrome, (IBS)Memory and concentration problems,numbness and tingling in hands and feet, palpitations, reduced ability to exercise,Tension and migraine headaches.

Symptoms of Scleroderma

The skin begins to thicken and harden on the hands, feet, and face. The fingers may swell. There may be swelling of the whole hand before the skin significantly thickens.Thickened or hardened patches may also develop on other areas of the body. The skin may soften The skin loses its ability to stretch, and becomes shiny as it tightens across the underlying bone, particularly in the fingers, toes, and around the mouth.The fingers may lose the ability to move, and can be difficult to bend. The hands and feet may curl from the tightness of the skin. It may be difficult to open the mouth widely.

Symptoms Of Lupus

Common signs of lupus are:

  • Joint pain and stiffness, with or without swelling
  • Muscle aches, pains, or weakness
  • Fever with no known cause
  • Feeling very tired
  • Butterfly-shaped rash across the nose and cheeks
  • Other skin rashes
  • Unusual weight loss or weight gain
  • Anemia (uh-NEE-me-uh) (too few red blood cells)
  • Trouble thinking, memory problems, confusion
  • Kidney problems with no known cause
  • Chest pain when taking a deep breath
  • Sun or light sensitivity
  • Hair loss
  • Purple or pale fingers or toes from cold or stress

 

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Claims Offices, SFDCT, MDL-926

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

The Law Office of Fenstersheib and Berkowitz can help you with your Dow Corning Trust Class Action.

Settlement Facility Dow Corning Trust (SF-DCT), Overview of SFDCT Dow Corning Trust and MDL-926 claims.

We can help you if you:

Are registered with the Dow Settlement, but do not have an attorney.

Are  having trouble documenting your disease claim symptoms and you have received a deficiency notice from SF-DCT, and are not sure what to do.

You are  suffering from disease symptoms from or have been diagnosed with:  Lupus (SLE), Polyarthritis, Scleroderma, or GCTS (General Connective Tissue Symptoms).

You have any serious  silicone related health problems such as severely dry eyes, polyarthritis, immune mediated skin rashes, peripheral neuropathy, myalgia, or positive ANA.

If you do not have an attorney and need help with any of the isuues listed above, call our office  at 800-529-6268  for a breast Implant consultation.

COMPENSATION WITHIN THE DOW CLASS ACTION SETTLEMENT IS STILL AVAILABLE.

If you have previously filed a claim within the SF-DCT, you are only allowed 2 reviews to cure your claim's deficiencies. Therefore it is imperative that you submit the correct documents prior to your 1 year deadline to cure your deficiencies. Call us today.

Find out about your legal rights within the SF-DCT, regardless of your status.  Our compassionate staff can explain your legal rights and discuss your potential claim with you. Call us for a free consultation and to discuss your legal rights within the breast Implant class action.

We welcome the opportunity to oversee your claim and help you receive the maximum recovery for your pain and suffering.

Silicone Breast Implant Lawyer Sheryl Berkowitz, Dow Corning Class Action

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

Breast Implant lawyer Sheryl Berkowitz has been helping women with the settlements for the silicone breast implants since 1998.

She has helped hundreds of  women.

History of Breast Implants

By TBO.com
Published: March 17, 2010
Updated: March 17, 2010 – 3:10 PM
 

Despite its litigious history, breast implant surgery is the most popular surgical cosmetic procedure in the country.

Here are some events that have kept breast augmentation in the news throughout history:

1890s: The first surgical breast augmentation procedure is performed with paraffin wax injections, resulting in infections and lumps. By the 1920s, the practice is discontinued.

1895: German surgeon Vincenz Czerny is known as "the father of cosmetic breast surgery" for reconstructing a woman's breast by transferring fatty tissue from the belly and buttock areas into the breast. The procedure isn't very successful because the body quickly reabsorbs most of the fat, leaving the breast lumpy and lopsided.

1940s: During World War II, Japanese prostitutes have silicone liquid injected into their breasts to appear more voluptuous, causing health problems and death. Even so, the procedure catches on and spreads to the United States before the practice is banned.

1950s: Well-endowed Hollywood icons Marilyn Monroe, Ava Gardner and Lana Turner help make the bombshell's hourglass shape popular, causing many women to turn to padded bras and augmentation to keep up.

1961: Surgeons Frank Gerow and Thomas Cronin develop the first silicone breast implant with the Dow Corning Corp.

1962: Timmie Jean Lindsey, a 30-year-old mother of six, visits a Houston Hospital to have a pair of floral tattoos removed from her breasts and becomes the first woman to get silicone breast implants.

1965: A surgeon develops the first saline-filled breast implants in France.

1977: A woman wins a $170,000 settlement from Dow Corning for pain and suffering after her breast implants rupture.

1980s: Ralph Nader's Public Citizen Research Group sends out warnings that silicone breast implants cause cancer.

1992: After reports of women claiming implants are hazardous to their health, the FDA stops the cosmetic use of silicone-gel implants.

2000: The FDA approves saline-filled implants, finding them safe and effective for use in breast augmentation and breast reconstructive surgery.

2004: While being photographed at a party, actress Tara Reid accidentally exposes her scarred breast. She later admits to having botched breast surgery.

2006: The FDA approves silicone breast implants again.

2008: Breast augmentation surgery replaces liposuction as the most popular cosmetic surgery in the United States.

2009: Hungary holds a beauty pageant, "Miss Plastic Hungary," to highlight the positives of plastic surgery.

2010: A Beverly Hills plastic surgeon says breast implants saved the life of one his patients by helping stop a bullet to her chest.

Sources: beyondniptuck.com; pbs.org; breast-plastic-surgery.org, breastimplantsusa.com and ofc.berkeley.edu

 2012: Sheryl Berkowitz is helping women with SFDCT Dow Corning Settlement Trust Claims and The Dow Corning Class Action settlements.

Florida Silicone Breast Implant Lawyers Help Women With Breast Implant Claims

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

The silicone breast Implant lawyers Robert Fenstersheib and Sheryl Berkowitz are helping Florida women with Dow Corning breast Implant claims. Fenstersheib and Bekowitz represent women across the United States who have had Dow Corning breast implants or tissue expanders placed in their bodies before June 1, 1993. Implant brands include Dow Corning, Silastic II, Cronin, DCW, MSI, Mueller 5 and Varifil. For those women that do have qualifying implants, there is still compensation available under the Dow Settlement until June 1, 2019.

We have been helping woman for almost 2 decades.

If you have filed a  dow corning silicone breast implant claim prior to 1994 and have pending status on a Dow Corning Trust Claim  our experienced female Silicone Breast Implant lawyer Sheryl Berkowitz can help you.

We are assisting   breast Implant victims nationwide.Sheryl has years of experience with Dow silicone  breast Implant litigation cases dealing with the Settlement Facility-Dow Corning Trust (SF-DCT) or the Revised Settlement Plant (RSP) – MDL-926 Claims Office Contact the silicone breast Implant lawyers,Robert  Fenstersheib and Cheryl Berkowitz today. We are here to assist women with legal issues regarding their  claims for implants prior to 1994.

You will need the following for your silicone breast Implant lawyer:

  •  A current claim filed with the Dow Corning Settlement Trust litigation
  •  Dow Corning Silicone Breast Implant Class action

Our breast implant claims law office can help you. Speak to an experienced breast implant settlement attorney regarding defective breast implant claims or any other product liability cases for specific rules setup for product claims.

If you have filed a  Dow Corning silicone breast implant claim prior to 1994 and have pending status on a Dow Corning Trust claim we can help you.

Breast Implant Manufacturers

    Heyer Schulte,
    American Hospital Supply,
    Dow Corning,
    Natural Y,
    Surgitek,
    Replicon,
    Mentor,
    Cui,
    Bioplasty,
    Brystol Meyer Squibb,
    Medical Engineering,
    McGhan Medical,
    3M,
    McGhan,
    Dow Corning,
    Baxter Health Care,
 

Contact the Law Office of Fenstersheib and Berkowitz about your  breast Implant claim .   We have been supporting and assisting  women breast Implant victims nationwide. If you need help with Dow silicone  breast Implant litigation cases dealing with the Settlement Facility-Dow Corning Trust (SF-DCT) or the Revised Settlement Plant (RSP) – MDL-926 claims office contact the silicone breast Implant lawyers Fenstersheib and Berkowitz.  We are here to assist women with legal issues regarding their Dow Corning claims for implants prior to 1994.

 

Contact us immediately to review your  class action silicone breast Implant claim

 

Silicone Breast Implant Claims Updates, Silicone Breast Implant Lawsuits

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

On this page you will find Information for women Injured by silicone breast implants.

Call or Email our office today to give us an opportunity to examine the Claims Offices' ruling. We welcome the opportunity to help.

December 15, 2010 First Time Claim Filings:

The Revised Settlement Program (RSP) officially closed on December 15th 2010, and is no longer accepting any NEW Disease Claim filings. However, if you have received a deficiency letter in 2011 or 2012 in response to a claim filed timely by the December 15 deadline, we may be able to assist you in curing these deficiencies.

Please be advised, if you did in fact receive a deficiency letter from the Claims Office in 2011 or 2012 for your Long Term Benefit Disease Claim for General Connective Tissue Symptoms (GCTS), Scleroderma (SS), Systemic Lupus Erythematosus (SLE), and/or Polymositis/Dermatomyositis (PM) you only have one (1) year from the date of the deficiency letter to cure the required deficiencies for claim approval. Therefore if your GCTS, SLE, SS, and/or PM/DM claim(s) remains deficient on the date of your deficiency letter, it will be denied and you will not be eligible for GCTS, SLE, SS, and/or PM/DM benefi

The Office of Plaintiffs' Liaison Counsel, also called the Plaintiffs' Steering Committee Office, was originally created by the United States District Court overseeing the breast implant class action ("MDL 926") in order to help women litigate their claims arising from injuries due to breast implants. Today, if you have a claim and are trying to participate in the Revised Settlement Program, MDL-926, and/or the Dow Corning Settlement, please feel free to contact us with any questions that you have about these programs. Also, if you are a plaintiff or a plaintiff's attorney engaged in litigation against a breast implant manufacturer, assistance is available from this office. Also, continue to check this website and the related websites linked below for important updates.
Office of Plaintiffs' Liaison Counsel
2008 2nd Ave North
Birmingham, AL 35203
Phone: 205-252-6784 or 1-888-470-3799
Fax: 205-252-0423 or 1-877-258-0423
Email: contact@oplc.org

September 26, 2011-The OPLC is Moving

The Office of Plaintiffs’ Liaison Counsel/Plaintiffs’ Steering Committee Office is moving the week of September 26.  The new location is:

Office of Plaintiffs’ Liaison Counsel
The Title Building, Suite 310
300 Richard Arrington Jr Boulevard North
Birmingham, AL 35203

The telephone numbers and e-mail contact will remain the same.  Contact by phone/fax or e-mail will be interrupted, commencing sometime Wednesday, September 28.  It is hoped that both will be re-established by Monday, October 3.  We apologize for any inconvenience.

THE MDL 926 REVISED SETTLEMENT PROGRAM EXPIRES DECEMBER 15, 2010

NO NEW CLAIMS WILL BE ACCEPTED AFTER THE DECEMBER 15, 2010 DEADLINE.  All claims must be postmarked with the U.S. Postal Service as first class mail or submitted to a private mail carrier that provides at least as rapid delivery as first class mail (“postmarked”) by December 15, 2010 to:  MDL Claims Office, P.O. Box 56666, Houston, TX 77256.  (Telephone 1-800-600-0311).

If you are a claimant in the Revised Settlement Program (“RSP”) and receive a deficiency letter before December 15, 2009, any medical records and other documents you send to the Claims Office to cure the deficiency must be post-marked no later than December 15, 2010.

If you are a claimant in the RSP and receive a deficiency letter on or after December 15, 2009, any medical records and other documents you send to the Claims Office to cure the deficiency must be post-marked no later than one (1) year from the date of the deficiency letter.

For all other questions concerning the END of the Revised Settlement Program, call the OPLC at one of the above telephone numbers.

October 20, 2008

Attorneys Willing to Consult with RSP Claimants

The attached list (updated August 30, 2010) contains names of attorneys and law firms in 48 states and the District of Columbia who have recently informed the Office of Plaintiffs’ Liaison Counsel that they are willing to assist claimants with breast implant claims in the MDL 926 Revised Settlement Program.  Be sure to carefully read the disclaimer in italics at the top of this list, as the OPLC does not endorse or recommend any attorney.

This list will be updated on a regular basis, so if you do not find any attorneys in your immediate area, you should check back periodically to see if any have been added.  Also, be aware that some attorneys are willing to assist claimants from all over the United States, not just in their communities.  If you have any questions about this or other aspects of the list, along with comments, please call Jeff Condra at 1-888-470-3799.

August 25, 2008-If you are a claimant in the MDL-926 Revised Settlement Program, you may find this introductory letter from The Honorable U.W. Clemon, the United District Judge overseeing the settlement, useful for introducing your physician to the settlement claims process.  In this letter, Judge Clemon explains to doctors what the RSP is about; and what they can do to assist claimants.  This letter may be given by claimants to their physicians.

March 28, 2008 — NEW HELP FOR CLAIMANTS WHO NEED TO IDENTIFY THE MANUFACTURER OF THEIR IMPLANTS
If you have a claim in the Revised Settlement Program and/or the Dow Corning Settlement Facility, but have not yet been able to satisfy the Proof of Manufacturer requirement and you still have your removed breast implants, there is now a new source of help.
A faculty member at the University of Florida's Particle Engineer Research Center is available to examine your implants and, depending on their condition, determine which company manufactured them. The cost is $300 per implant.
Direct your inquiries about packaging, shipment, and payment to:

Mr. Paul J. Martin, II

3411 NW 13th Ave.

Gainesville, FL. 32605-4817

e-mail: pmart@ufl.edu

December 19, 2007– Last week, Judge Hood signed an Agreed Order Allowing Certain Late Claimants Limited Rights to Participate in the Plan's Settlement Facility. If you did not file a timely Proof of Claim or Notice of Intent in the Dow Corning bankruptcy, but sent a written request to participate in the Dow Corning settlement no later than June 1 of this year, this order may apply to you. It establishes the terms and the important deadlines for applying for settlement benefits. If you have any questions about this order, or want to know if it affects your status, you may call this office at the above number.

December 12, 2007– Today Judge Hood signed Case Management Order No. 6, which outlines the procedure by which parties can seek certification of Opt-Out cases in the Dow Corning Litigation Facility for trial.

Judge Hood also signed an order permitting Dow Corning to destroy most of its stock of breast implants that were in production when manufacturing ceased in 1992.

October 18, 2007 — If you are trying to participate in the Dow Corning Settlement based on a Notice of Intent that was filed by you or on your behalf before August 30, 2004, you may receive in the mail a copy of the recent Consent Order signed by Judge Hood that applies to "Non-matching NOI claimants." If you have questions about this document, you may contact this office at the above telephone number.

July 24, 2007 –

Change of Address and/or Contact Information Form for claimants in the Revised Settlement Program, MDL 926

May 5, 2006 –

Important Information from the Claimants' Advisory Committee:

REMINDER: JUNE 1, 2006 DEADLINE FOR RUPTURE, CLASS 7 AND CLASS 9, 10.1 AND 10.2 CLAIMANTS

    The deadline of June 1, 2006 is fast approaching to submit a claim form and documents for Rupture (Dow Corning Breast Implant Claimants only in Classes 5, 6.1 and 6.2), for a Silicone Gel claim (non-Dow Corning silicone gel breast implants in Class 7) or for the "Covered Other Products Fund" (Classes 9, 10.1 and 10.2).

    —MAIL YOUR CLAIM FORM BY THE DEADLINE!

If you mail your claim form and supporting medical records by a delivery service such as Federal Express, UPS, DHL, etc., or by U.S. certified or registered mail, then the letter can be postmarked or dated on or before June 1, 2006. This means that you can mail your forms on June 1, 2006 as long as you use one of these services. You cannot mail it on June 1, 2006 if you use regular U.S. mail.

If you mail your claim form and supporting medical records by regular U.S. mail or by using a national mail service in the country in which you reside, then the claim forms must be received by the SF-DCT in Houston, Texas by June 1, 2006 at 5 p.m. Central Time. Because no one can control the delivery of the U.S. mail, you may want to consider using an overnight delivery service as noted above.

IF YOUR DOW CORNING BREAST IMPLANTS ARE REMOVED AFTER MARCH 3, 2006 AND BEFORE MAY 31, 2006, YOU HAVE AN ADDITIONAL 30 DAYS TO SUBMIT YOUR RUPTURE CLAIM FORM AND MEDICAL RECORDS.

If your Dow Corning implants were removed anytime on or after March 3, 2006 through May 31, 2006, then you have an additional 30 days after the June 1, 2006 deadline to submit your Rupture claim form and supporting documents. In other words – and only if your implants were removed during this narrow time frame — you have until July 5, 2006 to submit your Rupture Claim Form.

RUPTURE DEADLINE ISSUES

Rupture benefits are available to women who've had their Dow Corning silicone gel breast implant removed and the lumen containing the silicone gel has torn or has some other opening. Rupture benefits are not available for the rupture of a breast implant that is either saline only or is made by a company other than Dow Corning.

WHAT TO DO IF YOUR DOW CORNING BREAST IMPLANTS HAVE NOT BEEN REMOVED YET

Contact the Explant Assistance Program at the Settlement Facility and inform them that you want to have your Dow Corning breast implants removed and are having difficulty locating a doctor to do the surgery who will do the surgery by June 1, 2006. You might also consider submitting the Rupture Claim Form by the June 1, 2006 deadline and write on it that you want to be explanted through the Explant Assistance Program but cannot locate a doctor who will do the surgery. The Claims Administrator has indicated that if you do this, he will accept Rupture claim submissions even though the implant has not been removed by June 1, 2006. You must, of course, have the implants removed and the supporting records submitted within a reasonable time thereafter.

If you have a claim for rupture, you must submit it now! If you find out that your implants are ruptured after June 1, 2006, you will not be eligible for rupture benefits. This is your last and final opportunity to apply for the Rupture compensation!

If you have a serious, chronic medical condition that prevents you from having the explant surgery, you may qualify for the "Medically Contraindicated Exception" for Rupture. Read Question 6 on the Rupture Claim Form and Section 7 in the Claimant Information Guide for more information.

November 8, 2005– Procedures for the Resolution of Asserted Lien Claims Against MDL 926 Revised Settlement Program ("RSP") Claimants. Click here to view.

August 9, 2005–Claimants' Advisory Committee Negotiates a New Product Identification for all Pre-1971 Silicone Breast Implants. If you received your implants before 1971 and have had trouble establishing your Proof of Manufacture with the Dow Corning Settlement Facility because your existing medical records do not refer to Dow Corning, a new order signed by Judge Hood may help you get acceptable Proof of Manufacture:

http://www.tortcomm.org/downloads/Agreed_Order_re_Pre-1971_PO.pdf

If you are in this situation, you may call this office at the above telephone number to determine whether this order may help you establish your claim.

July 25, 2005

Case Management Order No. 4

Case Management Order No. 4A

Case Management Order No. 5

Updated May 20, 2005–UPCOMING JUNE 3, 2005 MDL 926 CONFERENCE

This is to advise plaintiffs' lawyers that the Honorable U.W. Clemon, presiding judge over MDL-926, will conduct an informal status conference in New Orleans, Louisiana, on Friday, June 3, 2005. Jean Eliason, current Claims Administrator of the Revised Settlement Program will also be present. The purpose of this meeting is to deal with MDL-926 claims administration issues and afford an opportunity for plaintiffs and defendants representatives to participate in the discussion. This invitation extends to plaintiffs' representatives with RSP clients who also have claims in the Dow Corning Plan.

The conference will be held at the International House Hotel, 221 Camp Street (This is just over a block south off of Canal St., heading away from the French Quarter). Directions to the conference room will be available in the lobby. Judge Clemon will start the meeting at 10 a.m., Central Time. If you have suggestions for items to be placed on the agenda, please e-mail Leslie Bryan, Esq., at lbryan@dsckd.com

May 5, 2005–An update on available information and assistance for claimants:

1) This Office has been provided with Dow Corning Sales Records. If you need to prove that your implants or your client's implants were made by Dow Corning, these records may support your position. You may contact Jeff Condra at the above phone number to inquire further about the use of these records and to request a search.

2) If you or your client participated in the Revised Settlement Program ("RSP") in MDL 926 and had your benefits reduced by 50% based on the belief at the time the RSP claim was filed that the other set of implants was made by Dow Corning, this office may be able to assist you with useful information if the Proof of Manufacture ("POM") has been rejected by the Dow Corning Settlement Facility ("DC SF"). In order to obtain help, you should be prepared to provide this office with, at a minimum:

–a copy of the Letter(s) rejecting your Dow POM, and

–a complete implant history covering the number of sets, and the manufacturer of each set, if known

–any documentation supporting the position that the other set of implants was manufactured by Dow Corning

This information is necessary in order to fully understand each claimant's unique circumstances. This office does not make the determination that a claimant whose POM has been rejected by DC SF can have their 50% RSP reduction restored. However, depending on the factors involved, suggested courses of action may be to either cure the POM and stay in the Dow Settlement, or attempt to have the remaining 50% restored in the RSP by the MDL 926 Claims Office.

February 18, 2005–Today Judge Hood entered Case Management Order No. 3, which clarifies steps for claimants initiating Child Direct Claims in the Litigation Facility. While the order states that Child Direct Claimants are not under the obligation to file the Opt-Out Litigation Questionnaire by the upcoming February 28 deadline, it should be read carefully (click here) to determine when the complaint and questionnaire should be filed.

January 2005 — If you have elected to opt-out to litigate your claims against the Dow Corning Litigation Facility, Inc., you must fill out the Litigation Questionnaire and mail it postmarked on or before February 28, 2005 to the Litigation Facility at the address shown on the Questionnaire. You may download a copy for submission here, or complete it online here. If you do not have an attorney, and you have questions about how to complete and submit the Questionnaire, you may contact Jeff Condra at the above phone number or e-mail address. While this office does not provide legal advice or representation to claimants, it can answer questions about the Questionnaire and the opt-out process.

September 29, 2004 — Case Management Order # 2 has been issued by Judge Hood. Please click here in order to review the order and its directions and deadline for initiating an opt-out claim.

September 8, 2004 — These attorneys have told the Office of Plaintiffs' Liaison Counsel ("OPLC") that they are willing to assist Dow Corning claimants in the completion and submission of claim packages to the Dow Corning Settlement Facility and to generally provide assistance on the various settlement options, including litigation. This information has been compiled by the OPLC as a service to claimants. It represents merely those attorneys who have expressed their willingness to assist claimants with breast implant and silicone-related claims. An attorney's inclusion on the linked list does not constitute an endorsement by the OPLC and does not constitute a representation that the attorney listed thereon will agree to assist a claimant, nor is it a guarantee of a favorable outcome to any action undertaken.

August 19, 2004–Paragraph 6(b) of Judge Hood's November 13, 2000 Case Management Order # 1(found here) prescribes the use of a Master Complaint with allegations that can be adopted by reference by individual claimants who opt out of the Dow Corning Settlement and litigate against the Dow Corning Litigation Facility. Click here to access the Master Complaint and here for the Complaint and Adoption by Reference to be used by individual claimants.

May17, 2004–The Claimants' Advisory Committee ("CAC") was appointed under the Amended Joint Plan, to replace the Tort Claimants' Committee as of the Plan effective date of June 1. The CAC's website (here) provides vital assistance to claimants considering opting-out of the Settlement. This site is updated regularly as questions frequently asked by claimants and their attorneys are addressed by the CAC. If you have questions about the details of opting-out, we encourage you to first review the information available at the CAC website. The CAC also publishes an electronic newsletter that keeps claimants informed as to developments on various issues of interpretation of the Plan that are awaiting resolution. In order to subscribe to the newsletter, click here. In addition, you may direct questions about the opt-out and litigation process to the OPLC via the message link at the top of this page.

April 2, 2004 — On April 2, 2004, the Honorable Denise Page Hood, United States District Judge, entered an Order establishing June 1, 2004 as the effective date for the Amended Joint Plan of Reorganization of Dow Corning Corporation. Approved claims can be paid by the Settlement Facility after this date. To view a copy of this Order click here.

October 15, 2003 — On October 15, 2003, the FDA Advisory Panel, by a sharply divided Panel vote of 9-6, issued a recommendation that Inamed Corporation be permitted to sell silicone gel breast implants in the U.S. under very tight guidelines. The Panel's recommendation is just that — a recommendation to the FDA. It is not binding and should not be considered an approval of the safety of silicone gel breast implants by the FDA. The FDA is not required to accept this sharply divided recommendation. Currently, the U.S. Government is seeking repayment from silicone gel breast implant manufacturers for medical expenses it paid for implanted women to have their leaking and ruptured silicone breast implants removed and for treatment for medical conditions related to silicone. The Tort Claimants' Committee strongly disagrees with the Panel's recommendation because of the known adverse consequences and injuries caused by silicone gel breast implants. This is a brief summary of the Panel's recommendation. The Panel noted a problem with Inamed's application to market silicone breast implants. As expressed by the Panel's chair — Dr. Thomas Whalen of the Robert Wood Johnson Medical School — he was amazed that after all these years, Inamed had so little data. Inamed did not adequately explain why they had only two and three year data when research by the FDA and others showed implants rupture and break after 7 years. First, the Panel recommended that women who are implanted with silicone breast implants must receive detailed warnings that explain the known risks and adverse consequences caused by silicone breast implants. Inamed's data, for example, showed that after 3 years, up to 46% of silicone implant recipients needed additional surgeries because of painful scar tissue and other complications. Up to 25% of the women had to have the implants removed or replaced. The Panel's requirement that women receive detailed warnings is the kind of stringent warnings that the TCC has always claimed in litigation were required but which Dow Corning never gave. Also, the Panel recommended that women will need annual exams — such as an MRI — to be sure their implants haven't ruptured or begun leaking silicone gel. When implants rupture, they must be removed, the panel stressed. Published scientific data shows a high rate of rupture of silicone gel breast implants the longer they remain implanted. Women contemplating implantation with a silicone breast implant should know that they will have to pay for the implant's removal, the annual exam, and all other medical expenses associated with complications from the implants. Third, all implant recipients must be enrolled in a registry to track their health.

January 29, 2002 — The United States Court of Appeals for the Sixth Circuit issued its opinion on the Amended Joint Plan of Reorganization of Dow Corning. The Court affirmed the earlier rulings of the bankruptcy court and the district court which enjoined Plan opponents from suing a non-debtor corporation (Dow Corning's shareholders, Dow Chemical and Corning, Inc.); however, the Court remanded the case to the district court for further fact-finding. The Sixth Circuit also ruled that a procedural mechanism must be established to allow the United States Government to assert claims for subrogation under Medicare and other federal programs. As to foreign claimants, the Court ruled that the Plan's classification of foreign claimants satisfies the requirements of the bankruptcy code. To read a copy of the opinion, click here.

October 25, 2001 — Oral argument on the pending appeals to the Amended Joint Plan of Reorganization of Dow Corning took place on October 23, 2001, before the United States Court of Appeals for the Sixth Circuit located in Cincinnati, Ohio. We will advise of the Court's ruling as soon as it becomes available.

September 21, 2001 — The Dow Claims Office mailed an informational newsletter to all registered claimants on September 17, 2001, which contains information about the status of the appeals and the ongoing settlement process.

August 28, 2001 — The United States Court of Appeals for the Sixth Circuit has scheduled the oral argument on the pending appeals to the Amended Joint Plan of Reorganization of Dow Corning. The argument will take place on Tuesday, October 23, 2001, in Cincinnati, Ohio.

July 27, 2001– Judge Hood ordered that claim forms must be prepared by January 8, 2002 and ready for mailing at the direction of the Court. Judge Hood also ordered that an informational newsletter be sent to all unrepresented and represented claimants and/or their attorneys by September 17, 2001.

Brief Background: The Tort Claimants Committee and Dow Corning reached agreement on a Joint Plan of Reorganization which was confirmed by the Bankruptcy Court in Michigan on November 30, 1999. That confirmation order was upheld on November 13, 2000 by Judge Hood, the District Court judge overseeing the bankruptcy. Certain claimants are now pursuing appeals to the Sixth Circuit and some have indicated that they will file a petition for a writ of certiorari with the United States Supreme Court. Under the terms of the plan, no claims can be paid until all of the appeals are resolved.

It is very important that you not contact the MDL-926 Claims Office in Houston, as that office does not handle matters concerning the Dow Corning Settlement. The Claims Office will not have any information that can assist you in pursuing a Dow claim.

Important Information regarding your deficiency Claims. We Can help You If:

If you are a registered claimant in the MDL 926 Revised Settlement Program, and have:

  • Already filed a Disease Claim prior to the 12/15/2010 deadline
  • received a deficiency notice in 2011 or 2012.

December 15, 2010 First Time Claim Filings:

The Revised Settlement Program (RSP) officially closed on December 15th 2010, and is no longer accepting any NEW Disease Claim filings. However, if you have received a deficiency letter in 2011 or 2012 in response to a claim filed timely by the December 15 deadline, we may be able to assist you in curing these deficiencies.

Please be advised, if you did in fact receive a deficiency letter from the Claims Office in 2011 or 2012 for your Long Term Benefit Disease Claim for General Connective Tissue Symptoms (GCTS), Scleroderma (SS), Systemic Lupus Erythematosus (SLE), and/or Polymositis/Dermatomyositis (PM) you only have one (1) year from the date of the deficiency letter to cure the required deficiencies for claim approval. Therefore if your GCTS, SLE, SS, and/or PM/DM claim(s) remains deficient on the date of your deficiency letter, it will be denied and you will not be eligible for GCTS, SLE, SS, and/or PM/DM benefits.

Updated Deadlines
June 2, 2014

Explant Claims submission deadline for timely filed claimants in Classes 5, 6.1 and 6.2 (NOTE: this deadline does NOT apply to NOI claimants or Late Claimants)

June 3, 2019

Disease or Expedited Release Claim submission deadline for all claims in Classes 5, 6.1 and 6.2 (this deadline does NOT apply to Late Claimants)

 

A History of Breast Implants, Your Silicone Breast Implant Lawyers

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

The Law Offices of Fenstersheib and Berkowitz are dedicated to helping women with silicone breast Implant claims.

A Look At Breast Implants And Their History

Small-breasted women in America say that they feel inferior or unfeminine in a culture where breast size is a major issue. Popular fashion models today are usually thin, but large-breasted, especially those who model lingerie, evening wear and swimsuits. With American culture seeming to equate cleavage with sexiness, it is no wonder that some smaller-breasted women doubt their attractiveness and receive implants that make their breasts larger.

The explosive popularity of breast implants over the past three decades has waned recently, however, as a result of a growing controversy over their safety. Are breast implants dangerous? Do they cause otherwise healthy women to become ill? Or are they a safe option for women who either lose a breast to cancer or simply want to change the way they look?

There are two main kinds of breast implants–those filled with silicone gel and those filled with saline (a salt-water solution) enclosed in a hard silicone shell. While critics contend that implants pose a threat to women's health, defenders insist that no cause and effect relationship has been established between implants and disease.

A recent study, published in the New England Journal of Medicine (June 22, 1995), supports the position that implants are safe. But the U.S. Food and Drug Administration (FDA) (5600 Fishers Lane, Rockville, Md. 20857; 301/443-3285), citing safety concerns, in January 1992 placed a voluntary ban on the sale of silicone-gel breast implants. The ban remains in force today, amidst conflicting reports from scientists and medical professionals as to the safety of the implants.

50th Anniversary of Silicone Breast Implants

Written by lisaspitzer on . Posted in Silicone Breast Implant Settlment News

This year marks the 50th anniversary of silicone breast implants.

By MARILYN KALFUS / THE ORANGE COUNTY REGISTER

This year marks the 50th anniversary of silicone breast implants.

But breast augmentation began long before the spring of 1962.

This Spring marks a plastic surgery milestone. It's the 50th anniversary of silicone breast implants.

Substances were injected into women's chests, researchers say, since at least the late 1800s. They included paraffin, animal fat and industrial silicone.

The 1950s saw all sorts of materials transplanted, even glass balls and sponge implants. The latter shrank, becoming hard as baseballs.

Then, one day in the mid-20th century, after the advent of Playboy, the Barbie doll and high-profile celebrities like Marilyn Monroe (thought to have worn "falsies") and Jayne Mansfield (considered natural), a plastic surgeon had an "aha" moment.

Unknown Object

Dr. Frank Gerow of Houston squeezed a plastic transfusion bag filled with blood and realized if felt a lot like a woman's breast. In 1961, he and Dr. Thomas Cronin developed the first silicone breast implant in collaboration with the Dow Corning Corp.

1962: Texas factory worker Timmie Jean Lindsey gets the first set of silicone breast implants after doctors propose that she be their first human subject. "I told them I'd rather have my ears fixed than to have new breasts," the mother of six was quoted as saying. "And they said, well, they'd fix that too. So I said, OK." Lindsey, now 80, went from a B to a C cup and made history.

1970s: New silicone implants are produced that are more "lifelike," but they break more easily. Total removal is difficult or impossible. Also in this decade, a polyurethane foam covering for implants becomes popular to prevent capsular contracture – capsules of tightly woven collagen fibers created by the immune response to the presence of foreign objects – but the foam begins to disintegrate in the body almost immediately, making it difficult to remove.

1976: The Food and Drug Administration enacts the Medical Devices Amendment to the Federal Food, Drug and Cosmetic Act. The FDA now can approve the safety and effectiveness data of new medical devices. Silicone breast implants, on the market for almost 15 years by then, are "grandfathered" in.

1977: A Houston attorney wins the first lawsuit for a Cleveland woman who claims that her ruptured implants and subsequent operations caused pain and suffering. She gets a $170,000 settlement from Dow Corning.

1980s: Ralph Nader's Public Citizen Health Research Group warns that silicone breast implants may cause cancer.

1982: The FDA proposes to classify silicone breast implants into a Class III category, requiring manufacturers to prove their safety.

1984: The systemic autoimmune disease of a woman in the San Francisco area is found by a jury to be caused by her silicone breast implants. She is awarded $211,000 in compensatory damages and $1.5 million in punitive damages. The evidence is sealed by a court order.

In the years that follow, there is litigation all over the country alleging that breast implants caused various serious diseases and ailments.

In the end, and despite millions of dollars in payments to plaintiffs in class-action lawsuits and jury trials, scientists say they can find no cause-and-effect relationship.

June 1988: Six years after the 1982 proposal, the FDA classifies breast implants as Class III.

December 1990: A program warning of silicone breast implant dangers runs on "Face to Face With Connie Chung." Also, a congressional hearing is held on the safety of silicone breast implants.

January 1992: The FDA's commissioner, Dr. David Kessler, calls for a voluntary moratorium on the distribution or implantation of silicone breast implants until the FDA and the advisory panel have an opportunity to consider newly available information.

March 1992: Dow Corning, Bristol-Myers Squibb and Bioplasty exit the silicone breast implant business. McGhan and Mentor still manufacture breast implants. Dow sets up a fund for further research into breast implant safety.

April 1992: Kessler lifts the moratorium on silicone breast implants, but the only women allowed to receive implant surgery are those undergoing breast reconstruction. The recipients must be part of a scientific protocol.

March 1994: A class action suit is finalized by manufacturers; Dow Corning is the largest contributor. The other contributors include Baxter, Bristol-Myers Squibb/MEC, and 3M. It's the largest class action settlement in history. But the manufacturers claim there is no scientific evidence linking silicone breast implants with autoimmune diseases.

June 1994: A Mayo Clinic epidemiologic study, published in the New England Journal of Medicine, finds no increased risk of connective-tissue disease and other disorders studied in women who had silicone implants.

1995: The American College of Rheumatology says there is "compelling" evidence that implants did not cause systemic disease.

May 1995: Dow Corning files for Chapter 11 bankruptcy. Dow is looking at 20,000 lawsuits, some with more than one plaintiff, and about 410,000 potential claims that have been filed in the settlement. The bankruptcy halts all litigation.

June 1995: The Harvard Nurses Epidemiologic Study is published in the New England Journal of Medicine. It finds no increased risk of connective-tissue disease in women with silicone implants.

December 1995: More than 20 studies and abstracts have come out in the U.S. and internationally, all failing to support a causal relationship between silicone implants and various autoimmune related illnesses.

August 1997: The New York Times says implant manufacturers have won 80 percent of cases against them. But a jury in the first class-action suit rules that Dow Chemical (which owns half of Dow Corning) deceived women by hiding safety information about the silicone in the implants.

September 1997: The Journal of the National Cancer Institute publishes a review of many medical studies that concludes breast implants do not cause breast cancer. The researchers describe evidence for linking implants to other diseases as "borderline."

November 1998: Dow Corning files for bankruptcy reorganization, which includes a $3.2 billion, previously agreed-to settlement. People who filed claims are offered options: Those who want to cash out immediately and not file a disease claim will be paid $2,000. That can be combined with $5,000 for implant removal and $20,000 for a ruptured implant. Those who have already filed a disease claim will receive between $10,000 and $250,000.

June 1999: The Institute of Medicine, part of the National Academy of Sciences, releases a 400-page report by an independent committee of 13 scientists. They conclude that although silicone breast implants may be responsible for problems including hardening or scarring of breast tissue, the implants do not cause any major diseases such as lupus or rheumatoid arthritis.

2002: Dolly Parton admits to the news media that she has breast implants. Through the years, many celebrities confirm getting them, too, including onetime Playboy Playmates and actresses Pamela Anderson and Jenny McCarthy; singer Victoria Beckham; TV personalities Denise Richards and Heidi Montag; and later, members of various casts of "The Real Housewives," including Alexis.Bellino, Vicki.Gunvalson and Tamra.Barney of Orange County (Barney recently had them removed) and Kim Zolciak of Atlanta.

2003: Mariel Hemingway talks about her experience with breast implants, saying the silicone leaked. "I think implants are bad news. I enjoyed them for about a year, then from ages 20 to 32, I was asking, 'Why do I have these? I hate these.'"

October 2005: TV personality Sharon Osbourne admits to having had breast implants inserted earlier in the year. "I am a 34DD now and Ozzy loves them," she said of her husband. She later swapped them out for more modest ones, and in 2011 said she had a complication in which one changed shape and leaked.

November 2006: The FDA allows silicone gel-filled breast implants back on the market but requires manufacturers to conduct follow-up studies to learn more about the long-term performance and safety of the devices. The FDA also states on its website: "Breast implants are not lifetime devices. The longer a woman has them, the more likely she is to have complications and need to have the implants removed or replaced. Women with breast implants will need to monitor their breasts for the rest of their lives."

The site also says: "Studies to date do not indicate that silicone gel-filled breast implants cause breast cancer, reproductive problems, or connective tissue disease, such as rheumatoid arthritis. However, no study has been large enough or long enough to completely rule out these and other rare complications.

"FDA is working with the two manufacturers who make silicone gel-filled breast implants, Allergan and Mentor, to address the challenges in collecting follow-up data on the women who have received these implants."

2010: Implants made with industrial-type silicone by French company PIP are banned. The implants were widely used across Europe and South America, and governments begin urging women to have them removed. (They are not sold in the U.S.)

March 2011: The FDA approves a new silicone-gel breast implant, making Sientra of Santa Barbara the third U.S. company to market the products, after Irvine-based Allergan and Johnson & Johnson's Mentor unit.

May 2011: Casting in Miami for a new '50s-era TV show, "Magic City," is described as difficult because local women without breast implants are apparently in short supply.

Sources: The New York Times, The Associated Press, Food and Drug Administration, Bloomberg Business News, BBC News Magazine, The Guardian, "Inventing Beauty'' by Teresa Riordan, "Frontline," American Academy of Neurology, Medscape.com, Twoop.com

Robert J. Fenstersheib

With a life-long concern for people in need of help, has kept Robert in a legal career dedicated to representing victims of accidents. Robert Fenstersheib and his law firm have successfully represented thousands of accident victims over the years.

Sheryl Berkowitz

Sheryl has successfully represented many women throughout the United States, enabling many women to attain settlements for breast implant complications, including very serious diseases they have developed after their initial breast implantation such as Lupus, Scleroderma and General Connective Tissue Disease.