Myrl Jeffcoat wisgroup

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30 décembre, 2007 23:01

Dow Corning Settlement -- I'm HORRIFIED at this Option 1 - New-Revised Criteria for three disease claims

Myrl: This is not so well written, which is the only reason why I wouldn't want to put my name on it, but sure do wish the thoughts would get shared, anonymously, among women who are interested in this.

PLEASE PASS THIS AROUND:

The CAC (Claimants Advisory Committee re: Dow Corning Settlement Plan) said in recent newsletter -- ACTD disease criteria and disability info coming out January 7, 2008, but actually, you can see how it's going to go with the AND self-care by looking at what they have DONE (seemingly, AGREED TO) in the following clips from the CAC's newsletter (ALL THE WAY BELOW), clips from the CAC's latest website postings that they refer to in the newsletter, AND clips of some of the actual text that can be found within their links, which are DISTURBING and likely NOT NOTICED BY CLAIMANTS, who like me, didn't look at the text at first because their newsletter inferred ACTD and particularly, the Option 1, Level A Disability was yet to come:

(I pasted the Disability information for two of the Option 1 categories below, which are taken from the links shown).

On this end: I am horrified after all I've written about living a life in horrible isolation even though I can comb my friggin' hair. Bathing is only every several days because there is no one to help me with ANYTHING in my life. My life is pretty awful and I"m 100% disabled in that I can't hold any parttime JOB (homemaking being included). My car rarely leaves it's parking space and seeing people is extremely rare, but I'm not in "severe pain." If I travel, it takes me many months to recover even if I seemed okay on the outside while seeing people on such an occasion. So, hmmm, I'll get $10,000 for a LIFETIME of severe devastation.

It's just over for all of us, isn't it? Lawyers representing women in these claims, who are NOT part of the CAC, should be rearing up, and their clients. People should still being going to CONGRESS about this. They should complain about the Judge not ruling and the injustice of how this settlement was handled, including allowing the change to "AND self-care" without a much larger collection of attorneys paying attention to the RSP having "AND self-care" snuck through to a replacement judge thinking he's only changing an Question and Answer booklet, not realizing he's changing the DEAL! (OR WE CAN HOPE JUDGE HOOD IS REMOVED, OR HAS TO LEAVE HER POST FOR SOME REASON)

I doubt many women are connected online to make a big fuss over this. It's an illusion, I think, to think that any email lists include many Dow Claimants are large. The ONLY large list of all the Dow Corning claimants would be with Sybil Goldrich and the CAC, which would contain ALL of the Dow Claimants who receive the Electronic Newsletter. They are the ones responsible for this.

PLEASE CHECK OUT THE FACT THAT THE CAC NEWSLETTER SAYS THAT THEY ARE GOING TO "PASS THROUGH" ALL THE CLASS 5 CLAIMANTS WHO GET THE 50-50 DEAL BECAUSE THEY WERE ALSO IN THE RSP. I believe I am I reading this correctly from their newsletter ... all the way below, but it got right past me when the newsletter first came out because it seems so subtle within all the other text surrounding it.

I AM GLAD TO SEE THEM "PASS THROUGH," BUT PASSING THEM THROUGH WITH THE CRITERIA OF "OR SELF-CARE" SUPPORTS THE AN ARGUMENT FOR THE SAKE OF ALL DOW CLAIMANTS' THAT ALL OF US SHOULD BE TREATED THE SAME, BY THE SAME CRITERIA (of "OR self-care"). THIS IS SURELY ILLEGAL TO PASS THEM THROUGH (yet the CAC is going along with it instead of USING IT AS LEVERAGE TO ARGUE FOR ALL OF THE DOW CLAIMANTS), AND NOT TREAT THE REST OF THE WOMEN WHO HAVE ALL DOW CORNING IMPLANTS THE SAME, AS THAT IS WHAT THE PLAN SAID WHEN WE VOTED ON IT.

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http://www.tortcomm.org/diseaseclaims.shtml

SF-DCT Criteria for Polymyositis and Dermatomyositis Claims Option 1 & Option 2 http://www.tortcomm.org/downloads/PM_-_DM_FINAL_Doc_Posted_to_Website_10-1-07.pdf

SF-DCT Criteria for Primary Sjogren's Syndrome (Option 1 (no Option 2) http://www.tortcomm.org/downloads/PSSfinalversion10.31.074pm.pdf

SF-DCT Criteria for Mixed Connective Tissue Disease Option 1 (no Option 2) http://www.tortcomm.org/downloads/OSMaterialsfinalversion10-31-074pm.pdf

4. SF-DCT Criteria for Overlap Syndrome Option 1 (no Option 2) http://www.tortcomm.org/downloads/OSMaterialsfinalversion10-31-074pm.pdf

Within the listings above when they refer to ACTD (for when a claimant doesn't quality for the described disability) they indicate that it is forthcoming on January 7, 2008

________________________http://www.tortcomm.org/downloads/PSSfinalversion10.31.074pm.pdf

LEVEL A DISABILITY UNDER SOME OF THE DISEASES, ABOVE (ACTD to follow January 7, 20008):

Mixed Connective Tissue Disease -- Option 1

Level A – Total Disability (100%), $50,000 (U.S.)

Examples of an MCTD Total Disability A Claim:

l Medical records from 1974 reflect that the claimant’s Hand Edema (swelling) and pain from Synovitis resulted in multiple treatment modalities, including but not limited to pain medication, physical therapy and steroid injections. Records dated from 1992 show that the claimant had to take early retirement because of her Synovitis and Hand Edema. In 1994, the claimant was approved for SSI based solely on the diagnosis of Mixed Connective Tissue Disease (MCTD). Records dated from 1995 through 2000 reflect that she required assistance from friends and family members to cook, clean, vacuum and grocery shop due to her loss of function in her hands. Because of the pain from her Synovitis, the claimant’s daughter must take her to and from the toilet and assist her with getting on and off the toilet because of the Hand Edema and Synovitis. All of the claimant’s grooming is done by her daughter such as combing, brushing and blow drying her hair.

l In 1994, the claimant had to quit her job because of muscle weakness in her arms due to Myositis. She lost function in her arms and was unable to answer the phones or perform filing or typing duties due to muscle weakness and hand pain. Because of arm weakness, her husband must help her with combing, brushing and washing her hair. Her husband must also assist with feeding because of her inability to grasp small objects due to Synovitis and Hand Edema.

Level A Deficiencies:

The following are some of the common reasons why the Level A disability claim may be found deficient:

l The file does not provide any details or descriptions about your inability to perform both vocation and self-care.

l The file reflects detailed descriptions about your inability to perform your vocation (job or homemaking) because of an approved symptom, but it does not contain information about your self-care limitations.

l The file reflects detailed descriptions about your inability to work and perform your self-care activities because of an approved symptom, but it indicates that you are able to perform homemaking duties without difficulty.

l The file reflects conflicting information about either your vocation and/or selfcare limitations. (Example: the file states that you are either working or that you are able to perform all or most of your self-care activities.)

Level A Deficiencies (continued):

l The file reflects that your vocation is affected or limited by an ineligible symptom or condition. (Example: work injury, car accident, heart attack, etc.)

l The treating doctor or QMD bases your Level A total disability rank on symptoms that were not eligible or approved. (Example: The QMD states that you are unable to work because of fatigue; chronic fatigue is not an eligible symptom for MCTD.)

l The treating doctor or QMD increases your disability rank to Level A total disability but he or she does not perform a new examination or provide current medical records to support the new disability rank. The new disability rank cannot be based solely on a phone call with you or a review of a questionnaire that you completed.

l The treating doctor or QMD states that you are totally disabled, but your medical records dated within the same time frame indicate that you are actively exercising and/or socializing.

PRIMARY SJOGREN'S SYNDROME -- Option 1

Level A-Total Disability (100%), $50,000 (U.S.)

Examples of a PSS Total Disability A Claim:

l Medical records from 1974 reflect that the claimant had severe dry eyes resulting in multiple eye surgeries including the insertion of plugs. Records from 1984 reflect that the claimant’s vision deteriorated to the point of partial loss of vision in both eyes. In 1994, she was approved for SSI based solely on her diagnosis of Primary Sjogren’s Syndrome (PSS) because of dry eye syndrome. Records dated from 1995 through 2000 reflect that she required assistance from friends and family members to cook, clean, vacuum and grocery shop due to her loss of vision from dry eye syndrome. Her daughter must assist with dressing and undressing, must take her to and from the toilet and assist her with getting on and off the toilet because of the loss of the patient’s vision. All of the claimant’s grooming is done by her daughter such as combing, brushing and blow drying her hair because the claimant can no longer see to do so.

l Because of dry eye syndrome, the claimant quit her job in 1994 because her limited vision made her unable to read documents, answer the phones or perform filing duties. She requires help from her husband with combing, brushing and washing her hair due to her partial loss of vision. Her husband must assist with feeding because she is unable to see and focus on small objects due to the deterioration in her vision as a result of dry eye syndrome.

Level A Deficiencies:

The following are some of the common reasons why the Level A disability claim may be found deficient:

l The file does not provide any details or descriptions about your inability to perform both vocation and self-care.

Level A Deficiencies (continued):

l The file reflects that your vocation is affected or limited by an ineligible symptom or condition. (Example: work injury, car accident, heart attack, etc.)

l The treating doctor or QMD states that you are totally disabled, but your medical records dated within the same time frame indicate that you are actively exercising and/or socializing.

__________________________________________________________

ALSO, HERE IS THE LATEST NEWS THEY'VE GIVEN US:

FULL NEWSLETTER OCTOBER 31, 2007:

http://tortcomm.org:80/newsletter_071031.shtml

1. SF-DCT RELEASES CLAIMS CRITERIA INFORMATION FOR 3 DISEASES AND CONDITIONS IN THE PLAN: PRIMARY SJOGREN’S SYNDROME (PSS), MIXED CONNECTIVE TISSUE DISEASE (MCTD) AND OVERLAP SYNDROME (OS)

Pursuant to an "Agreed Order Resetting Final Disease Cure Deadlines" entered by the Court on June 15, 2007, the SF-DCT will release claims criteria information for three eligible diseases in the Plan: Primary Sjogren’s Syndrome (PSS), Mixed Connective Tissue Disease (MCTD) and Overlap Syndrome (OS) on November 1, 2007. Copies of all three documents are available on the CAC website (www.tortcomm.org) under the heading "Disease Claims" or on the SF-DCT website (www.sfdct.com). Claimants who applied for one of these diseases but received a deficiency notice about that claim will be sent a letter from the SF-DCT regarding a final cure deadline of May 1, 2008.

The next scheduled release of information will be on December 3, 2007 concerning Systemic Lupus Erythamtosus (SLE) and Systemic Scleroderma (SS). Information on General Connective Tissue Symptoms (GCTS), Atypical Neurological Disease Syndrome (ANDS) and Atypical Connective Tissue Disease (ACTD) will be released on January 3, 2008. We are also working with the SF-DCT about release of general disease and disability guideline information and hope to have that available soon.

CLASS 5, 6.1 AND 6.2

(DOW CORNING BREAST IMPLANT CLAIMS)

Claim Category	Number of Claims Paid through September 30, 2007	Percentage of Claims Approved Class 5 \| Class 6.1 & 6.2	Total $$ Paid in category through September 30, 2007


RUPTURE	20,391	70% \| 45%	$397,915,665.97
EXPLANT	26,803	99% \| 95%	$130,217,799.08
EXPLANT ASSISTANCE	504	89% \| 50%	$2,500,141.10
INCREASE EXPLANT (6.2 ONLY)	36	N/A \| 89%	$108,000.00
EXPEDITED RELEASE	15,632	90% \| 71%	$29,399,555.86
DISEASE OPTION 1	18,361	87 % \| 38%	$270,908,266.51
DISEASE OPTION 2	537	19% \| 7%	$66,800,271.62
Total	81,608	N/A	$897,849,700.14

Note: The approval percentages for Disease Options 1 and 2 include those claims that were previously approved by the MDL 926 Claims Office and are "pass through" in the Settlement Facility (i.e., the claimant had an implant from Bristol, Baxter or 3M and a breast implant from Dow Corning and has applied to receive 50% of her disease award in the Dow Corning case). As a result, the percentage of approved Disease claims processed by the Settlement Facility is actually lower.

______________________________________

"LATEST" NEWS AT MAIN WEBSITE: http://tortcomm.org/ OCTOBER 31, 2007

The Settlement Facility has released information on disease criteria for the following Disease Option 1 claims: Primary Sjogren's Syndrome (PSS), Mixed Connective Tissue Disease (MCTD), and Overlap Snydrome (OS). You can download or print a copy of these documents on our website by clicking on the tab "Disease Claims" located on the left side of the screen. The next scheduled release of disease criteria will be for Scleroderma and Systemic Lupus Erythematosus (SLE) claims, which are eligible under both Disease Options 1 and 2. That information will be available on or before December 3, 2007.

CLASS 5, 6.1 AND 6.2

(DOW CORNING BREAST IMPLANT CLAIMS)

$897,849,700.14 paid to Total 81,608 claimants (average $11,002 per woman)