Sandra laliberte s_laliberte_2001@yahoo.com
27 mars, 2007 23:23
We have decided to add a section to the Canadian Connection Site regarding the situation with the Claims Centre on NON payment of the A payment for Disease, and the denial of rupture payments.
This site will not be posting emails to it on this section other than from lawyers of the women who want to show us they have done something legally to help there clients.
We will accept letters that women have emailed to the Claims facility, CAC, Judge Denis Hood, and there Attorneys. We will also post responses they received back as long as it is on the issue of the settlement.
This is not being set up as a site to start fighting over issues not pertaining to the settlements. We are going to screen what goes on this site very carefully.
For months now we have been awaiting a decision from JUDGE DENIS HOOD on this illegal changing of the wording by DOW from the word OR to AND.
This to us at the Canadian Connection Site is a non issue or I should say should be a non issue and we can not for the life of us understand what it is JUDGE HOOD is waiting for on ruling on this illegal act.
I got the initial package out that was sent to me when it was time to vote yes on this pathetic lawsuit.
In this package there is an outline on disease payments.
On one page it states very clearly:
Ands category for atypical neurological disease:
THE DETERMINATION OF DISABILITY UNDER THESE GUIDELINES WILL BE BASED ON THE CUMULATIVE EFFECT OF THE SYMPTOMS ON THE INDIVIDUALS ABILITY TO PERFORM HER VOCATIONAL, AVOCATIONAL ' OR' USUAL SELF CARE ACTIVITIES.
No where above does it state "and" it very clearly states the word OR.
On another page this is what it reads:
Death or total disability resulting from the compensable condition. An individual will be considered totally disabled if she demonstrates a functional capacity adequate to consistently perform none or only few of the usual duties or activities of vocation 'OR" self care..
Again it states in our documents the word OR not and.
So I have a question that no one seems to want to answer and that is if DOW can illegally change the settlement agreement that we all signed yes and the Judge if she rules yes in there favour then where are our lawyers? What are our lawyers doing if this Judge agrees to make an illegal ruling? And there is no doubt about this it is illegal.
What has any of the lawyers done about why this judge would even need this amount of time to make a ruling it is not a difficult thing to see what Dow is up to and that is changing what was agreed upon in the settlement process.
What does anyone think if we were to go to the Judge and say please up the amount of damages for multiple sclerosis to $300,000 from the pitiful $50,000 do you think she would take months and months to think and ponder over that request from the women? NOT A CHANCE!
I will tell you if DOW gets away with this then in my eyes, and hopefully any lawyer with half a brain will say halt this settlement it is illegal and we need to renegotiate all of it.
How many women do you think have died waiting for this settlement to be honored based on what we signed YES to?
There is zero justification for turning down any claims yet over 90% have been denied for the A payment for Disease.
If this Judge says Yes to Dow this will have astronomical financial ramifications for the women, yet no one seems to be doing anything.
It is morally wrong for the claims centre to be going along with this, as it is equally morally wrong for the tort committee and Dow. Where is the independent law firms for the women acting on this I see no actions happening and this says a lot also.
So once again my question is what are the women's lawyers prepared to do if the judge makes a wrong ruling????
We have some VALID QUESTIONS that need answering.
1/ What are the lawyers doing to safe guard all there clients if this ruling goes in the favour of DOW with AND being put into the wording?
2/ What is the claimants committee's position on what they will do if the ruling is for AND? Are they going to appeal it to the supreme court if necessary?
3/ What are the women's lawyers doing about Dow's apparent control of the whole process (including the claim centre and the bankruptcy court.)
4/ What are the women's lawyers doing about the total lack of decisions by the court judge (in a timely manner).
5/ The apparent inability of the claim centre to fully comply with the original agreement - no matter who tells them not to comply, it is presumably still a legally binding agreement (or is it actually only binding on the female victims of the implants??).
6/ We are demanding answers to the almost total inability of the people controlling this entire fiasco to keep the women fully informed (in laymans English) as to what they are doing and WHY!!!
It is way past time for some sunshine to be shone on all the "backdoor" activities of the bureaucrats controlling the agreement/payments/denials of claims etc., especially when they profess to be acting on behalf of the victims and in their best interests!!
Tony and I have decided this is very important for the Canadian Connection site to start trying to not only get answers but to also get the women's lawyers to start helping there clients.
It is fine for Lawyers to ask women to call these facilities and people who are involved in the settlement, but to me it is the legal responsibility of the women's attorneys to safe guard there clients and get answers for there clients.
I ( Sandra Laliberte) want to thank my dad Dave Hunt for contributing to this and for always being there to give me a helping hand and most of all a ton of support.
So I do thank him from the bottom of my heart for being there for me through all these years of hell.
Tony and I hope this will take off and we will finally get some answers and hopefully some lawyers will decide to step up and help the women.
Please Contact:
Tony lambert delphine1939@videotron.ca
Canadian Connection Site.
Sandra Laliberte
