SFDCT / Dow Settlement Disease Criteria

Polymyositis / Dermatomyositis - Option 1
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.
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.
a.
Symmetrical proximal muscle weakness;
b.
EMG changes characteristic of myositis including:
A.
Death or total disability resulting from MCTD or Overlap Syndrome. An individual will be considered totally disabled based on the functional capacity test set forth in Severity/Disability Category A of Atypical Connective Tissue Disease/Atypical Rheumatic Syndrome.
B.
Polymyositis or dermatomyositis with associated malignancy and/or respiratory muscle involvement.
C.
Other, including polymyositis or dermatomyositis with muscle strength of Grade III or less.
1.
A diagnosis of polymyositis or dermatomyositis shall be made in accordance with diagnostic criteria proposed by Bohan and Peter, i.e.,
The application of the above diagnostic criteria is not intended to exclude from the compensation program individuals who present clinical symptoms or laboratory findings atypical of polymyositis or dermatomyositis but who nonetheless have a polymyositis or dermatomyositis-like disease, except that an individual will not be compensated in this category if her symptomology more closely resembles an Atypical Connective Tissue Disease.
2.
3.
Severity/Disability Compensation Categories
1.
Death or total disability resulting from MCTD or Overlap Syndrome. An individual will be considered totally disabled based on the functional capacity test set forth in Severity/Disability Category A of Atypical Connective Tissue Disease/Atypical Rheumatic Syndrome.
2.
MCTD or Overlap Syndrome, plus major organ involvement or major disease activity including central nervous system, cardio-pulmonary, vasculitic, or renal involvement or hemolytic anemia (marked) or thrombocytopenic purpura or severe granulocytopenia.defined as synovial swelling and tenderness in three (3) or more joints lasting greater than six (6) weeks and observed by a physician.
3.
C. Other.
c.
Elevated serum muscle enzymes (CPK, aldolase, SGOT, SGPT, and LDH);
d.
Muscle biopsy showing evidence of necrosis of type I and II muscle fibers, areas of degeneration and regeneration of fibers, phagocytosis, and an interstitial or perivascular inflammatory response; dermatologic features including a lilac (heliotrope), erythematous, scaly involvement of the face, neck, shawl area and extensor surfaces of the knees, elbows and medial malleoli, and Gottron's papules. A diagnosis of dermatomyositis requires presence of three (3) of the criteria plus the rash (fifth criterion). A diagnosis of polymyositis requires the presence of four (4) criteria without the rash. See. Kelley, et al., at 1163.
e.
Dermatologic features including a lilac (heliotrope), erythematous, scaly involvement of the face, neck, shawl area and extensor surfaces of the knees, elbows and medial malleoli, and Gottron's papules. A diagnosis of dermatomyositis requires presence of three (3) of the criteria plus the rash (fifth criterion). A diagnosis of polymyositis requires the presence of four (4) criteria without the rash. See. Kelley, et al., at 1163.
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