SFDCT / Dow Settlement Disease Criteria

General Connective Tissue Symptoms (GCTS) - Option 2
Do I Have A Case?
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.
Any of the following immune-mediated skin changes or rashes, observed by a Board-certified rheumatologist or Board-certified dermatologist:
3.
1.
Any two (2) findings from Group I; or
2.
Any three (3) non-duplicative findings from Group I or Group II.
A claim for GCTS does not have to include a diagnosis for "General Connective Tissue Symptoms," but the medical documentation must establish that the combination of findings listed below are present.
[Exclusion: classical rheumatoid arthritis diagnosed in accordance with the revised 1958 ACR classification criteria.]

For compensation at Level A:
For compensation at Level B:
1.
One (1) finding from Group I plus any four (4) non-duplicative findings from Group II or Group III; or
2.
Two (2) findings from Group II plus one (1) non-duplicative finding from Group III.
The following duplications exist on the list of findings:
Rashes (#3 and #8)
Sicca (#2 and #12)
Serological abnormalities (#4 and #9)
In addition to the medical verification of the required findings, a claim for GCTS must include the affirmative physician statements outlined in General Guidelines above.

GROUP I FINDINGS
1.
Polyarthritis, defined as synovial swelling and tenderness in three (3) or more joints in at least two (2) different joint groups observed on more than one (1) physical examination by a Board-certified physician and persisting for more than six (6) weeks. [Exclusion: osteoarthritis.]
2.
Keratoconjunctivitis Sicca, defined as subjective complaints of dry eyes and/or dry mouth, accompanied
a.
in the case of dry eyes, by either:
1.
A Schirmer's test less than 8 mm wetting per five minutes or
2.
A positive Rose-Bengal or fluorescein staining of cornea and conjunctiva; or
b.
In the case of dry mouth, by an abnormal biopsy of the minor salivary gland (focus score of greater than or equal to two (2) based upon average of four (4) evaluable lobules). [Exclusions: drugs known to cause dry eyes and/or dry mouth, and dry eyes caused by contact lenses.]
a.
Biopsy-proven discoid lupus;
b.
Biopsy-proven subacute cutaneous lupus;
c.
Malar rash -- fixed erythema, flat or raised, over the malar eminences, tending to spare the nasolabial folds. [Exclusion: rosacea or redness caused by sunburn]; or (d) biopsy-proven vasculitic skin rash.
GROUP II FINDINGS
4.
Positive ANA greater than or equal to 1:40 (using Hep2), on two (2) separate occasions separated by at least two (2) months and accompanied by at least one (1) test showing decreased complement levels of C3 and C4; or a positive ANA greater than or equal to 1:80 (using Hep2) on two (2) separate occasions separated by at least two (2) months. All such findings must be outside of the performing laboratory's reference ranges.
5.
Abnormal cardiopulmonary symptoms, defined as:
a.
pericarditis documented by pericardial friction rub and characteristic echocardiogram findings (as reported by a Board-certified radiologist or cardiologist);
b.
pleuritic chest pain documented by pleural friction rub on exam and chest X-ray diagnostic of pleural effusion (as reported by a Board-certified radiologist); or
c.
interstitial lung disease in a non-smoker diagnosed by a Board-certified internist or pulmonologist, confirmed by
chest Xray or CT evidence (as reported by a Board-certified radiologist) and
pulmonary function testing abnormalities defined as decreased DLCO less than 80% of predicted.
6.
Severity/Disability Compensation Categories
a.
EMG changes characteristic of myositis: short duration, small, low amplitude polyphasic potential; fibrillation potentials; and bizarre high-frequency repetitive discharges;
b.
Abnormally elevated CPK or aldolase from the muscle (outside of the performing laboratory's reference ranges) on two (2) separate occasions at least six (6) weeks apart. (If the level of the initial test is three (3) times normal or greater, one (1) test would be sufficient.)
[Exclusions: injections, trauma, hypothyroidism, prolonged exercise, or drugs known to cause abnormal CPK or aldolase]; or
c.
Muscle biopsy (at a site that has not undergone EMG testing) showing evidence of necrosis of type 1 and 2 muscle fibers, phagocytosis, and an interstitial or perivascular inflammatory response interpreted as characteristic of myositis or myopathy by a pathologist.
7.
Peripheral neuropathy or polyneuropathy, diagnosed by a Board-certified neurologist, confirmed by:
a.
Objective loss of sensation to pinprick, vibration, touch, or position;
b.
Symmetrical distal muscle weakness; (c) tingling and/or burning pain in the extremities; or[Exclusions: injections, trauma, hypothyroidism, prolonged exercise, or drugs known to cause abnormal CPK or aldolase]; or
c.
Loss of tendon reflex, plus nerve conduction testing abnormality diagnostic of peripheral neuropathy or polyneuropathy recorded from a site that has not undergone neural or muscular biopsy.
[Exclusions: thyroid disease, antineoplastic treatment, alcoholism or other drug dependencies, diabetes, or infectious disease within the last three (3) months preceding the diagnosis.]
GROUP III FINDINGS
9.
Any of the following serologic abnormalities:
a.
ANA greater than or equal to 1 :40 (using Hep2) on two (2) separate occasions separated by at least two (2) months;
b.
One (1) or more positive ANA profile: Anti-DNA, SSA SSB, RNp, SM, Scl- 70, centromere, Jo-1 PM-Scl, or double-stranded DNA (using ELISA with standard cutoffs); (c) anti-microsomal, anti-cardiolipin, or RF greater than or equal to 1 :80.
8.
Other immune-mediated skin changes or rashes, observed by a Board-certified rheumatologist or Board-certified dermatologist:
a.
Livedo reticularis;
b.
Lilac (heliotrope), erythematous scaly involvement of the face, neck, shawl area and extensor surfaces of the knees, elbows and medial malleoli;
c.
Gottron's sign, pink to violaceous scaling areas typically found over the knuckles, elbows, and knees; or
d.
Diffuse petechiae
10.
Raynaud's phenomenon, evidenced by a physician-observed two (2) (cold-related) color change as a progression, or by physician observation of evidence of cold-related vasospasm, or by physician observation of digital ulceration resulting from Raynaud's phenomenon.
11.
Myalgias, defined as tenderness to palpation, performed by a physician, in at least three (3) muscles, each persisting for at least six (6) months.
12.
Dry mouth, subjective complaints of dry mouth accompanied by decreased parotid flow rate using Lashley cups with less than 0.5 ml per five minutes. [Exclusion: drugs known to cause dry mouth.]
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