SFDCT / Dow Settlement Disease Criteria

Atypical Neurological Disease Syndrome (ANDS)
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Expedited Release Checks Important Please Read
The Settlement Facility Dow Corning Trust has recently decided to send Expedited Release Payments ($2,000) to all claimants whose cases are idle.
The Dow Settlement criteria states that if you accept this payment you can NEVER apply for a disease claim in the future, even if you become sick.
If you receive one of these checks in the mail, please do not cash it until you speak with an attorney to discuss your potential claim.
Again, if you cash this check you have effectively settled your claim and can never get any additional money.
SFDCT Medical Criteria
Learn about the medical criteria that you will need to meet in order to submit a disease claim through the SFDCT Settlement.
a.
Death or total disability due to the compensable condition. An individual shall 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.
b.
A Breast Implant Claimant will be eligible for category B compensation if she is 35% disabled due to the compensable condition. An individual shall be considered 35% disabled if she demonstrates a loss of functional capacity which renders her unable to perform some of her usual activities of vocation, avocation, and self-care, or if she can only perform them with regular or recurring severe pain.
c.
A Breast Implant Claimant will be eligible for category C compensation if she is 20% disabled due to the compensable condition. An individual shall be considered 20% disabled if she can perform some of her usual activities of vocation, avocation, and self-care only with regular or recurring moderate pain.
1.
A diagnosis of Atypical Neurological Disease Syndrome (ANDS) shall be based upon the clinical findings and laboratory tests set forth below. The clinical and laboratory presentation of these neurological syndromes have an atypical presentation from the natural disease and will also have additional neuromuscular, rheumatological and nonspecific autoimmune signs and symptoms.
2.
Eligibility for Atypical Neurological Disease Syndrome requires both:
Satisfying the requirements for one (1) of the four (4) neurological diseases set forth in paragraph 5 below, and
Any three (3) additional (nonduplicative) neuromuscular, rheumatic, or non-specific symptoms or findings set forth in the definition for Atypical Connective Tissue Disease (ACTD).
An individual will fit into this category if her primary symptoms are characteristic of a neurological disease as diagnosed by a Board-certified neurologist or by a physician Board-certified in internal medicine.
3.
If the individual's Qualified Medical Doctor determines that a symptom is clearly and specifically caused by a source other than breast implants, that symptom will not be utilized in the diagnosis of Atypical Neurological Disease Syndrome unless the Claims Office determines that other submissions indicate that the symptom should be utilized. A symptom that may be caused only in part by a source other than breast implants is not excluded from such utilization.
4.
5.
Neurological disease types:

Polyneuropathies. This disease category requires either (1) a diagnosis of a polyneuropathy that is confirmed by one or more of the following or (2) Submission of sufficient evidence of, and the required findings confirming, such condition:
Objectively-demonstrated loss of sensation to pinprick, vibration, touch, or position
Proximal or distal muscle weakness
Tingling and/or burning pain in the extremities
Signs of dysesthesia
Loss of tendon reflex
Plus one (1) or more of the following laboratory findings:
Abnormal levels of anti-mag or anti-sulfatide or anti-GM1 antibodies
Abnormal sural nerve biopsy
Abnormal electrodiagnostic testing (EMG or nerve conduction studies, etc.)
Multiple Sclerosis-like Syndrome. This disease category requires definite evidence of central nervous system disease, with history and physical findings compatible with Multiple Sclerosis or Multiple Sclerosis-like syndrome, involving one (1) or more of the following signs and symptoms:
Weakness in the pyramidal distribution
Evidence of optic neuritis documented by ophthalmologist
Increased Deep Tendon reflexes
Absent superficial abdominal reflexes
Ataxia or dysdiadochokinesia as the sign of cerebellar involvement
Neurologically induced tremors:
Internuclear ophthalmoplegia and/or bladder or speech involvement secondary to central nervous system disease
Plus one (1) or more of the following:
Abnormal Brain MRI with foci of increased signal abnormality suggestive of demyelinating lesions
Delayed visual evoked responses or abnormal evoked potentials.
Abnormal CSF with oligoclonal bands.
ALS-Like Syndrome. This disease category requires documented evidence of progressive upper and widespread lower motor neuron disease and/or bulbar involvement, plus one (1) or more of the following:
Neurological autoantibodies such as anti-mag, anti-sulfatide, anti-GM 1
Abnormal sural nerve biopsy
Chronic inflammation on muscle or nerve biopsies
Abnormal EMG
Documentation on neurological exam of both upper and lower motor neuron disease and/or bulbar involvement.
Disease of Neuromuscular Junction. This disease category requires either (1) a diagnosis of Myasthenia Gravis or Myasthenia-like syndrome or disorders of the NMJ, made by a board certified neurologist and confirmed by abnormal EMG showing typical findings of decrement on repetitive stimulation testing and/or elevated acetylcholine receptor antibodies or (2) submission of sufficient evidence of, and thh required findings confirming, such condition.
6.
Severity/Disability Compensation Categories. The compensation level for ANDS will be based on the degree to which the individual is "disabled" by the condition, as the individual's treating physician determines in accordance with the following guidelines. The determination of disability under these guidelines will be based on the cumulative effect of the symptoms on the individual's ability to perform her vocational, avocational, or usual self-care activities. In evaluating the effect of the individual's symptoms, the treating physician's will take into account the level of pain and fatigue resulting from the symptoms. The disability percentages appearing below are not intended to be applied with numerical precision, but are, instead, intended to serve as a guideline for the physician in the exercise of his or her professional judgement.
 
 
 
 
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