Deloitte & Touche LLP     Deloitte & Touche LLP
Frequently Asked Questions

1. General Questions

Q1.1 When do I need to file my claim by?
 

All claimants, whether you are making an expedited, raw material, current, rupture or an ongoing claim, must submit their claim form and product identification documentation ("PID") on or before the Initial Claims Deadline of December 1, 2004. Claimants making a current or rupture claim must also submit Supporting Medical Documentation on or before December 1, 2004.

If you are making an ongoing claim, your claim form, where you have chosen to file an Ongoing Claims and your PID must be submitted by December 1, 2004. Prior to the Final Claims Deadline of June 1, 2009 your ongoing claim form and supporting medical documentation must be submitted. [close]

Q1.2 Should I use the on-line system?
 

This is entirely your decision. You will still be able to claim should you choose not to use the on-line system. The on-line system is provided to assist claimants in the completion of their claim. The on-line system will lead claimants through the required information to ensure all necessary information is provided.

On this web site, you will find a copy of the Settlement Agreement, have the opportunity to elect to become an on-line claims administration user in the secure portion of the website and should you decide not to use the on-line claims administration system you will find all forms and information required to submit your claim.

By selecting the on-line claims administration option on the website, you are able to complete your claim on-line, print out completed claim documents for signature and reference, communicate with the Claims Facility using an efficient encrypted method of communication, and have access to your complete claims file.

We will post important information about the claims process on this website, and you are encouraged to access the website on a regular basis to keep up with news about the settlement process. [close]

Q1.3 How will I know what to do on-line system?
 

The on-line system is designed to assist claimants through the necessary forms step-by-step and guide you through the process. If you do have any questions while you are using the system you are able to save your documents and come back to them later. Please contact the Claims Facility with your queries. [close]

Q1.4 What if I don't have access to the Internet?
 

If you do not have access to the internet, please advise the Claims Facility and all the necessary forms will be sent to you.

Whether you use the on-line system or not does not change your ability to claim under this Settlement. The on-line system is provided to assist claimants with the completion and submission of their claim. [close]

Q1.5 How do I change my address & contact details?
 

Once you have elected to become an on-line claims administration system user, you can change your contact details on-line at any time by selecting "Edit My Contact Information" within the secure portion of the website

If you do not have access to the on-line system, in order to change your details manually, you must provide a written notice to the Claims Administrator providing the following information:

  • BC Registration Number

  • Deloitte File Number

  • What changes are to be made to your contact details

The notice must be signed by the claimant or authorized representative for the claimant and mailed or faxed to the claims facility. [close]

Q1.6 I've forgotten my password, what do I do?
 

If you are using the on-line system, click on the "Forgotten Password?" link on the login page and the system will prompt you with your secret question and you will be able to choose a new password.

If you do not have access to the on-line system you do not require a password, just your BC Registration Number and Deloitte File Number. [close]

Q1.7 Where can I get new forms?
 

If you are an on-line claims administration system user, personalized forms can be downloaded from the secure section of the website.

www.canadianbreastimplantsettlement.com

If you have access to the Internet but have chosen not to use the on-line claims administration system, forms can be downloaded from the website and printed for your completion.

Alternatively, if you do not have access to the Internet, please contact the Claims Facility and forms will be sent to you. [close]

Q1.8 What forms do I need to fill in?
 
  • Claim Form;
  • Solicitor's Certificate of Legal Advice; or
  • Affidavit of Un-represented Settlement Class Member;
  • Release of Dow Corning and the Released Parties.

A Licensed Medical Specialist will also need to fill in the Supporting Medical Documentation Form. [close]

Q1.9 What do I need to submit?
 
  • Claim Form;
  • Solicitor's Certificate of Legal Advice; or
  • Affidavit of Un-represented Settlement Class Member;
  • Release of Dow Corning and the Released Parties.
  • Supporting Medical Documentation Form;
  • Supporting Medical Documentation; and
  • Product Identification Documentation. [close]
Q1.10 How do I fill in the forms?
 

If you are using the on-line claims administration system, the system will take you through the questions, step-by-step and will prompt you for responses where answers are required. Should you have any questions, you may contact the Claims Facility for assistance.

If you are completing the forms manually and have questions, you may contact the Claims Facility for assistance. Please remember to have your BC Registration Number and Deloitte File Number with you when contacting the Claims Facility. [close]

Q1.11 I have already sent forms in - do I need to complete these additional forms?
 

Yes. In order to be eligible for the BC & Other Provinces Settlement you have already had to register. We now require each claimant to submit and prove their claim in this Settlement. All forms, including supporting medical documentation and sufficient product identification documentation must be completed and submitted. [close]

Q1.12 Do I need to send in my medical documentation again?
 

Yes. In order to participate in the Settlement, Claimants must send in sufficient Supporting Medical Documentation as directed by the Settlement. Supporting Medical Documentation is defined in Exhibit D, paragraph 2.5 of the Settlement Agreement.

Sufficient Supporting Medical Documentation must be sent to the Claims Facility either by fax or by mail. [close]

Q1.13 Do I have to submit the original medical records or are copies OK?
 

You may submit a copy of the medical records. They do not have to be the originals. If the copies are illegible the Claims Administrator may request the originals. [close]

Q1.14 How do I know what my diagnosis is?
 

Please contact your doctor for assistance in determining your diagnosis and severity/disability category. The Settlement Agreement provides specific guidelines that a Licensed Medical Specialist must use in making a diagnosis. Depending on the nature of your diagnosis, your treating physician may also need to perform a severity/disability assessment. [close]

Q1.15 How do I know if Dow Corning made my implant?
 

Dow Corning manufactured silicone gel and saline breast implants. It did not manufacture or sell implants with polyurethane foam. The implant brand names for Dow Corning are Silastic, Silastic II, Silastic MSI or MIS and Varifil. For certain time periods the implant record may identify Cronin or Mueller or V. Mueller. A complete list of products and brand names is available at www.canadianbreastimplantsettlement.com/documents.html (See US Settlement Agreement - Annex A, Schedule 1 - Acceptable Proof of Manufacturer).

Please note that Product Identification Documentation must be submitted with all claims, on or before the Initial Claims Deadline, being December 1, 2004. [close]

Q1.16 Where do I send my forms and documentation?
 

If you are using the on-line claims administration system, your forms can be completed and submitted on-line. The system will prompt you to print all documents that require signature. These documents will need to be signed and mailed to the Claims Facility.

If you are completing the forms manually, they can be faxed or mailed to:

Claims Administration
Dow Corning / British Columbia and Other Provinces
Breast Implant Litigation Settlement
c/o Deloitte & Touche LLP
P.O. Box 48660
Vancouver, B.C. Canada
V7X 1A3

Fax: 1-866-732-9160

All forms requiring signature must be mailed to the Claims Administrator. [close]

Q1.17 When am I going to be paid?
 

When each claimant will be paid is dependent on the type of claim submitted by a claimant. For example, if you elect to make an Expedited Claim, your claim will be paid in either the first or the second year of the Settlement, depending on when you file your claim.

Please refer to the Settlement Agreement (Exhibit 1, Section 1), available at www.canadianbreastimplantsettlement.com for further details regarding the timing of payment for each class of claim. [close]

Q1.18 How much will I paid?
 

Each approved Expedited Claim will be paid $1,200USD.

Each approved Raw Materials Claim will be paid $330USD, except if the number of Raw Material Claims exceed 2,000, then a fund of $ 660,000USD will be divided equally amongst the Raw Material Claim group.

If you are making any other type of claim we are unable to advise at this time how much each claimant will be receiving. However, we can advise that there is a pool of money to be distributed to all claimants on the basis of each claimant's diagnosis and the severity/disability of each claimant. Each claimants diagnosis and severity/disability level will be assigned a ratio. Exhibit A-1 to the Settlement Agreement lists the ratios as assigned to the diagnoses. When the ratios for all claimants are known, the available funds will be split based on your ratio.

For example, if you are diagnosed with Lupus - Category A, under Option II, you will be assigned a ratio of 25. This means you will share in 25 units of the available funds. If you are diagnosed with a condition under Option I Category C, you will be assigned a ratio of 1, or 1 unit. Claimants with a ratio of 25 will receive higher compensation than Claimants with a ratio of 1. The amount of compensation assigned to each unit can only be determined once claimants have filed their claims. [close]

Q1.19 Why are U.S. claimaints being paid before Canadian claimants?
 

A separate and distinctly different Settlement Agreement governs US Claimants. The US Bankruptcy Court, allowed the Claims Facility administering the US Settlement Agreement to commence the claims administration process prior to the Effective Date, of June 1, 2004 and accordingly they are now at the stage of distributing funds to the first claimants. The BC & Other Provinces Settlement Agreement only became effective on the Effective Date of June 1, 2004 at which point the claims administration process began. [close]

Q1.20 What is happening in the U.S. bankruptcy proceedings?
 

To get the best available information on the US bankruptcy proceedings please go to:

http://www.mied.uscourts.gov/_dow/dowdefault.htm [close]

2. Supporting Medical Documentation Questions

Q2.1 How can I obtain a copy of records I previously submitted to the MDL-926 Claims Office?
 

If you already submitted documents to the MDL-926 Claims Office and require a copy for filing with the BC & Other Provinces Claims Administrator, we suggest you contact the MDL-926 Claims Office to determine what information they are able to provide you. The MDL-926 Claims Office can be contacted at:

MDL 926 Claims Office (for the Revised Settlement Program)
Mailing Address: MDL 926 Claims Office
P.O. Box 56666
Houston, TX 77256
Phone Number: 1-800-600-0311
Email Address: info@claimsoffice926.com
MDL 926 Claims Office Website: www.claimsoffice926.com [close]

Q2.2 How can I obtain a copy of records I previously submitted to the US Settlement Facility for the Dow Corning Trust?
 

If you already submitted documents to the US Settlement Facility for the Dow Corning Trust and require a copy for filing with the BC & Other Provinces Claims Administrator, we suggest you contact the US Settlement Facility for the Dow Corning Trust to determine what information they are able to provide you. The US Settlement Facility for the Dow Corning Trust can be contacted at:

Houston Office (US)
P.O. Box 52429
Houston, Texas 77052-2429
USA
Phone Number: (713) 874-6099
Toll free Number: 1 866 874-6099 (within the U.S.)
International Toll Free Number: AT&T Direct Access Number + 866 + 874-6099 (outside the U.S.)
Email: info@sfdct.com [close]

3. Product Identification Documentation Questions

Q3.1 How can I obtain a copy of records I previously submitted to the MDL-926 Claims Office?
 

If you already submitted documents to the MDL-926 Claims Office and require a copy for filing with the BC & Other Provinces Claims Administrator, we suggest you contact the MDL-926 Claims Office to determine what information they are able to provide you. The MDL-926 Claims Office can be contacted at:

MDL 926 Claims Office (for the Revised Settlement Program)
Mailing Address: MDL 926 Claims Office
P.O. Box 56666
Houston, TX 77256
Phone Number: 1-800-600-0311
Email Address: info@claimsoffice926.com
MDL 926 Claims Office Website: www.claimsoffice926.com [close]

Q3.2 How can I obtain a copy of records I previously submitted to the US Settlement Facility for the Dow Corning Trust?
 

If you already submitted documents to the US Settlement Facility for the Dow Corning Trust and require a copy for filing with the BC & Other Provinces Claims Administrator, we suggest you contact the US Settlement Facility for the Dow Corning Trust to determine what information they are able to provide you. The US Settlement Facility for the Dow Corning Trust can be contacted at:

Houston Office (US)
P.O. Box 52429
Houston, Texas 77052-2429
USA
Phone Number: (713) 874-6099
Toll free Number: 1 866 874-6099 (within the U.S.)
International Toll Free Number: AT&T Direct Access Number + 866 + 874-6099 (outside the U.S.)
Email: info@sfdct.com [close]

This page provides answers to general questions claimants may have. In the event of contradiction between these answers and the Agreement, the Agreement shall govern.

     

Copyright ©2004 by Deloitte Touche Tohmatsu. All rights reserved.
Deloitte Touche Tohmatsu is a Swiss Verein (association), and, as such, neither Deloitte Touche Tohmatsu nor any of its member firms has any liability for each other's acts or omissions. Each of the member firms is a separate and independent legal entity operating under the names "Deloitte," "Deloitte & Touche," "Deloitte Touche Tohmatsu," or other related names. The services described herein are provided by the member firms and not by the Deloitte Touche Tohmatsu Verein. Not all services are provided by all member firms.