Foreign Settlement Notice

FOREIGN BREAST IMPLANT NOTICE
Please read this Notice carefully.
It may affect your legal rights.

TO: All Foreign Claimants who registered with the Claims Office by March 1, 1995

While the court welcomes translations of this Notice into other languages, the only court-approved version is in the English language. The Foreign Claim Form [available through this webpage] may be reproduced for use in submitting a claim under the FSP, provided that such copies include the identical information, require the identical data, are in English, and are in substantially the same format as the [webpage] Form.

This notice has been produced in HTML format for Internet viewing and printing. Formatting, typesetting, and pagination will differ from the "hard copies" distributed by the court.

CONTENTS OF NOTICE

FOREIGN SETTLEMENT PROGRAM
2. General Description
3. Settling Defendants
4. Eligibility and Classification
5. Opt-Out Right
6. Proof of Manufacturer and Identity
7. Benefits Available to Foreign "Current Claimants"
8. Benefits Available to Foreign "Other Registrants"
9. Other Implants
10. Limits on Obligations of Defendants
11. Pre-Existing Diseases and Symptoms
12. Claims of Health-Care Providers
13. Releases
14. Defendants' Position; Inadmissibility of Settlement
15. Continuing Authority of Court

ATTORNEYS
16. Employment of Attorneys
17. Privately-Retained Counsel
18. Funding of "Common Benefit" Fees and Expenses

CLAIMS ADMINISTRATION
19. Claims Office
20. Fund Administration
21. Filing of Forms and Documentation
22. Documentation in English
23. Review of Claims Office Determinations

ADDITIONAL INFORMATION
24. Court Filings and Other Documents
25. Legal Assistance
26. Internet

BACKGROUND

1.	History--Settlement of Foreign Breast-Implant Claims. Since this notice is intended only for persons (and their attorneys) who have previously registered with the Claims Office, the recipients are probably already aware of the following:

	(a)	Under terms of the original "global" settlement approved by this court on September 1, 1994, various benefits were to be provided, in exchange for a release of claims, to persons (domestic and foreign) who had received breast implants from most U.S.-based manufacturers and who had not opted out of the Lindsey class. Foreign implant-recipients were offered more limited benefits than domestic members of the Lindsey class, but were also provided additional opt-out rights, as well as some opportunities to pursue breast-implant claims in the administrative and judicial tribunals of their own countries. To participate in this settlement, foreign claimants had to register with the Claims Office by March 1, 1995--and, to be treated as "Current Claimants," they had to register by September 16, 1994, and by December 1, 1994, they had to mail substantially complete claim forms and supporting medical documentation. Because of litigation pending in Australia and in the Canadian provinces of Ontario and Quebec, implant-recipients residing in those locations were eligible to participate in the settlement in this court only if they affirmatively "opted in" to the Lindsey class by filing a Registration Form with the Claims Office by March 1, 1995.

	(b)	In late Fall 1995 the court determined that, because of the large amount of potentially acceptable current claims and the bankruptcy of Dow Corning, it would not be possible to make payments under the announced terms of the "global" settlement, and that, accordingly, class members should be provided a second right to opt out of the Lindsey class, as the earlier notice had guaranteed.

	(c)	In December 1995 the court approved a revision in the terms of the settlement under which some domestic implant recipients would be afforded an opportunity to participate in a Revised Settlement Program ("RSP") offered to persons who had received Bristol, Baxter, 3M, or McGhan implants. However, the RSP was offered at that time only to domestic recipients of implants from those companies. To eliminate any need for ineligible Foreign Registrants to make the opt-out decision prematurely, they were allowed to remain in the class (and continue to receive protection from the running of statutes of limitations) or to opt out at any time within 45 days after being sent a Notification of Status letter by the Claims Office.

	(d)	In December 1996 the court approved a statement of principles negotiated between the Foreign Claimants Committee and the three Settling Defendants (Bristol, Baxter, and 3M) under which certain foreign recipients of Bristol, Baxter, or 3M breast implants would be offered an opportunity to participate in a foreign settlement program--provided they had registered by the March 1, 1995, deadline of the original global settlement. Some aspects of the distribution plan for this settlement program--particularly those relating to potential benefits payable to "Other (foreign) Registrants"--were subject to further refinement and determination by the court.

	(e)	In Fall 1997 the Claims Office mailed summary notices to foreign claimants (or their attorneys) who had registered by the March 1, 1995, deadline, briefly describing eligibility requirements under the FSP and advising that, if potentially eligible, they should so notify the Claims Office in order to be placed on the mailing list when the detailed terms of the FSP (this Notice) were finally developed. After consultation with the Foreign Claimants Committee, the court determined that the provisions of paragraph 8 below provide the most economical, expeditious, and equitable manner of dividing and distributing the amounts to be contributed by the settling defendants with respect to participating foreign "Other Registrants."

FOREIGN SETTLEMENT PROGRAM

2.	General Description. The Foreign Settlement Program ("FSP") can be generally described as a "claims-made" program offered on an elective basis to eligible Foreign Claimants who have received breast implants from any of the three Settling Defendants (Bristol, Baxter, and 3M). Rather than the Settling Defendants offering to make a prescribed payment into a settlement fund that then would be divided in some manner among participating class members, the amounts to be paid to individual eligible participants are essentially unconditional, fixed, and unaffected by the number or amount of benefits paid to other participants, and the total amount to be paid by the Settling Defendants will be determined by the number of, and the payments to, the persons participating in the settlement. Benefits payable under the Program depend upon whether the person is classified as a "Current Claimant" or an "Other Registrant."

3.	Settling Defendants. A full listing of the Settling Defendants participating in the FSP is contained in Exhibit B2. In this Notice, however, the following short descriptions of these defendants are sometimes used for convenient reference: "Bristol", meaning Bristol-Myers Squibb Co., Medical Engineering Corp. (MEC), and their affiliates, including breast implants sold under the "Surgitek" name. "Baxter", meaning Baxter Healthcare Corporation, Baxter International Inc., American Hospital Supply Co. (Heyer-Schulte), and their affiliates. "3M", meaning Minnesota Mining & Manufacturing Co., McGhan Medical Corp. (a Delaware corporation), and their affiliates. (For purposes of this Program, "3M implants" are 3M/McGhan implants manufactured wholly or partly before August 3, 1984. McGhan implants manufactured wholly after August 2, 1984, ("post 8/84 McGhan implants") are not "3M implants" under this Program, and McGhan Medical Corp. (a California corporation) is not a Settling Defendant and is not a Released Party under this Program with respect to post 8/84 McGhan implants.)
4.	Eligibility and Classification.

	(a)	A person is eligible to participate in this Program only if she is an eligible Foreign Claimant, meaning that--
		(1)	before June 1, 1993, she was implanted with one or more breast implants covered under this Program by Bristol, Baxter, or 3M;
		(2)	by March 1, 1995, she registered with the Claims Office as a current or potential claimant in the Lindsey class original global settlement (including residents of Australia and the Canadian provinces of Ontario or Quebec who affirmatively elected to join the Lindsey class by filing a Registration Form by that date with the Claims Office);
		(3)	she was ineligible to participate as a domestic class member under the Revised Settlement Program because (A) all of her breast implants were implanted outside the United States, and (B) she had not, on or before April 1, 1994, become a citizen or resident alien of the United States;
		(4)	subject to paragraph 10(e) below, with respect to all of her breast implants covered under this Program by the Settling Defendants, she has not received (or agreed to receive) any compensation or reimbursement from such Settling Defendants (whether in settlement of claims brought in the United States or through resolution of claims in any other country); and
		(5)	she has not affirmatively opted out of the Lindsey class, or, if she did so only in 1996 or 1997 after announcement of the RSP indicating the ineligibility of foreign claimants under that program, she "opts back in" by filing with the Claims Office a documented Foreign Claim Form by June 15, 1999.

	(b)	An eligible Foreign Claimant will be classified under this Program as a "Current Claimant" if--but only if--she mailed to the Claims Office (1) by September 16, 1994, a signed Registration Form under the original global settlement and (2) by December 1, 1994, a substantially complete Current Disease Compensation Claim Form, with sufficient medical documentation (in English or translated into English) to be classified by the Claims Office under the global settlement as a Current Claimant (without regard to whether any deficiencies in documentation would have been classified as minor or major). Any eligible Foreign Claimant who does not qualify as a Current Claimant will be classified under this Program as an "Other Registrant."

	(c)	As under the global settlement, participation by an implant recipient also constitutes participation by that person's estate and family members with respect to any derivative or representative claims. However, any claims by children of implant recipients with respect to their own personal injury are not covered by this settlement, and the pursuit of any such claims is not barred by this settlement.

5.	Opt-Out Right. All Foreign Claimants eligible to participate in this Program (see paragraph 4, above) who want to attempt to pursue or institute litigation in the United States against any of the Settling Defendants or Released Parties have the right to do so (subject to any objection by the defendants under doctrines such as "forum non conveniens"), but, to do so, must exercise their "Second Opt-Out Right" no later than 90 days after being mailed a Notification of Status by the Claims Office.

	(a)	To opt out now, the class member (or the court-appointed representative of her estate or her attorney) must sign and return to the Claims Office the Foreign Claim Form, checking the opt-out election block on that form. Those who elect to opt out now should understand that statutes of limitation and repose in this country--which have been suspended during the pendency of the Lindsey case--will resume running 30 days after the Claims Office receives this Opt-Out form. Resumption of the running of such statutes could adversely affect the litigation rights of persons who have not already filed lawsuits or who are not prepared to file any lawsuits within that 30-day period.

	(b)	To eliminate the need to make this decision prematurely, Foreign Claimants are allowed to delay making this decision until sent a Notification of Status letter by the Claims Office, with statutes of limitation and repose in this country being suspended until 30 days after the time allowed in that Notification for opting out. These individual Notifications will be mailed by the Claims Office during 1998-99 to Foreign Claimants who file the Foreign Claim Form without checking the "opt-out now" block.

	(c)	Foreign Claimants who want to pursue or institute claims against implant manufacturers or distributors in the judicial or administrative tribunals of their own countries may do so, and need not file any further form or election with the Claims Office. They should be aware, however, that, if they receive any compensation under the FSP, they will be precluded from pursuing a claim against any of the Settling Defendants and Released Parties in the tribunals of all countries.

6.	Proof of Manufacturer and Identity.

	(a)	All eligible Foreign Claimants who may want to participate in this Program must complete and file with the Claims Office the enclosed Foreign Claim Form--with acceptable proof of at least one Bristol, Baxter, or 3M implant--by June 15, 1999. The Foreign Claim Form and Exhibit G2 to this Notice contain detailed explanations and instructions for submitting and documenting such claims.

	(b)	All eligible Foreign Claimants who may want to participate in this Program must also file with the Claims Office by June 15, 1999, a photocopy of one of the following: a passport, a national insurance or identity card, a driver's license, or some other official identification that includes a photograph and the signature of the claimant.

7.	Benefits Available to Foreign "Current Claimants".

	(a)	Once the Claims Office has determined that a Foreign Current Claimant has established her eligibility to participate and has not elected to exercise her "Second Opt-Out Right", the Current Claimant will be paid an advance payment in the amount of $5,000. This is an "advance" in that it will be credited against (and reduce the amount of) benefits determined to be payable under 7(c) but will not otherwise be refundable in the absence of fraud.

	(b)	A one-time payment of $3,000 will be paid to eligible Foreign Current Claimants upon proof of removal of a Bristol, Baxter, or 3M implant after April 1, 1994, and by December 15, 2010 (the end of the settlement program). This payment is in addition to payments under 7(a) or 7(c). Upon being classified as a Foreign Current Claimant under this Program, the claimant will be mailed by the Claims Office a Foreign Explantation Claim Form, which contains detailed explanations and instructions for submitting and documenting such claims.

	(c)	Eligible Foreign Current Claimants may receive the following benefits based on disability/severity levels specified in the Disease Schedule of the original global settlement for diseases described in that Schedule:

			Disability/Severity Level	No Dow Corning implant	Also one/more Dow Corning implants
			A	$50,000		$25,000
			B	$20,000		$10,000
			C	$10,000		$ 5,000

	(d)	All disease compensation benefits for Foreign Current Claimants constitute "one-time" settlement compensation, and will not be increased if, after being paid benefits, a recipient should later develop a medical condition that would otherwise qualify for higher benefits.

	(e)	All disease compensation benefits for Foreign Current Claimants will be paid in a single lump-sum payment.

	(f)	"Qualified Medical Doctor" was defined in the original disease criteria as a physician board-certified in one of the following specialties: internal medicine, rheumatology, immunology, neurology, and neurosurgery. The Claims Office has determined that the following certification systems are the equivalent of a U.S. board-certification: Fellows in good standing of the Royal Australasian College of Physicians, the Royal Australasian College of Surgeons, or the Royal College of Physicians and Surgeons of Canada who have successfully completed their advanced training in one of these specialities. Research is currently underway to determine whether other foreign countries have certification systems that can be approved as board-certification equivalents. As certification systems in other countries are approved, that information will be available by written request to the Claims Office and on the court's web page ("www.fjc.gov/BREIMLIT/mdl926.htm").

8.	Benefits Available to "Other Registrants". Once the Claims Office has determined that an Other Registrant has established her eligibility to participate and has not elected to exercise her "Second Opt-Out Right", the Other Registrant will be paid $3,500 in full settlement of all claims against the Settling Defendants and Released Parties. Other Registrants are not eligible for explantation benefits or disease compensation benefits.

9.	Other Implants.

	(a)	Foreign Claimants who have not had a Bristol, Baxter, or 3M breast implant covered under the FSP as specified in Exhibit G2 are not eligible to participate in, or receive any benefits under, this Program. (Note that whether certain McGhan and Heyer-Schulte implants, implanted after the dates specified in Exhibit G2, are covered under the FSP depends upon special proof regarding the manufacturer.)

	(b)	The fact that a Foreign Claimant may (in addition to having had a covered Bristol, Baxter, or 3M implant) also have had one or more implants not covered under the FSP will not disqualify the person from participating in the FSP and, with one exception, will not affect the benefits payable to her under the FSP.

		(1)	The amount payable to Current Claimants under paragraph 7(c) (the Disease Compensation Schedule) is, for those claimants who have also had one or more Dow Corning implants, one-half of the amount payable under the Schedule to those who have not also had a Dow Corning implant. The benefits payable to Current Claimants under paragraphs 7(a) and 7(b) and to Other Registrants under paragraph 8 are not reduced or otherwise affected by the fact that the person may also have had one or more Dow Corning implants. At this time, the Claims Office is not involved in the Dow Corning bankruptcy proceedings and cannot answer any questions about claims against Dow Corning.

		(2)	Explantation benefits under paragraph 7(b) will be payable to Current Claimants only for explantation of a covered Bristol, Baxter, or 3M implant that was implanted before June 1, 1993, and not for explantation of implants not covered under this Program.

	(c)	Participation by Foreign Claimants in the FSP does not affect whatever rights they may have to institute or pursue legal proceeding in courts in this country or in judicial or administrative tribunals in other countries against companies and persons not identified in Exhibit B2 as Settling Defendants or Released Parties.

10.	Limits on Obligations of Defendants.

	(a)	The obligations of the Settling Defendants to make payments under this Program are several, not joint, and are limited to the approved claims involving implants from that defendant (or with respect to which that defendant is agreeing to make payments).

	(b)	If a claimant has had implants from more than one of Bristol, Baxter, or 3M, their obligations are divided simply on the basis of the number of such defendants whose implants the claimant had. For example, if a claimant with one or more Bristol implants, one or more Baxter implants, and a Mentor implant is entitled to a $20,000 payment, then Bristol would be responsible for payment of $10,000 and Baxter for payment of $10,000.

	(c)	The obligations of Bristol, Baxter, and 3M to pay their respective shares of benefits are unconditional and unlimited in amount--not affected by how many or how few claimants accept the FSP or by how much money they must pay to Foreign Claimants under the settlement.

	(d)	The Settling Defendants have paid into the fund established by the Court and maintained by the Escrow Agent the sum of $25,000,000. They are to pay into the fund such additional amounts as, from time to time during the FSP, are estimated by the Court with the assistance of the Claims Office and the Escrow Agent to be needed.

	(e)	If a participant with implants covered by more than one Settling Defendant has received (or agreed to receive) any compensation or reimbursement from one Settling Defendant (whether in settlement of claims brought in the United States or through resolution of claims in any other country), she will be paid only the prorated benefits due from other Settling Defendants with respect to which no such compensation or reimbursement has been received. For example, the benefits otherwise payable under paragraphs 7(a), 7(c), or 8 of the FSP to a resident of Ontario, Canada, who received both a covered Bristol implant and a covered 3M implant would, if such claimant receives a distribution from the Ontario class settlement with Bristol, be limited to 3M's one-half share of those FSP benefits.

	(f)	Payments for explantation benefits will be the sole responsibility of the defendant whose implant was explanted.

11.	Pre-Existing Diseases and Symptoms. For disease compensation claims by Foreign Current Claimants, the provisions stated in the original notice govern the effect of symptoms and disabilities that existed before the claimant's first breast implant. Under those provisions, no symptom is considered for purposes of establishing ACTD if it existed before the date of first implantation. A Foreign Current Claimant who, before her first breast implant, had another covered disease listed on the original disease schedule would, if the benefit level based on the disease or disability/severity increased after that implant, be eligible for benefits measured by the difference between the amount payable for the new disease and disability/severity level and the amount that would have been payable for the pre-existing condition.

12.	Claims of Health-Care Providers. Reimbursement and subrogation-type claims by insurers, governmental agencies, and other health-care providers will, to the extent enforceable under applicable law, be the responsibility of participants; the Settling Defendants will have no additional responsibilities to such insurers, agencies, and providers for participants accepting benefits under the FSP.

13.	Releases. By accepting compensation under the FSP, implant recipients will be treated as having for themselves (and for their personal representatives and family members with respect to representative or derivative claims) waived and released their rights to institute or pursue all present or future breast-implant related claims--even if unknown or unaccrued--against the Settling Defendants and Released Parties identified in Exhibit B2, whether in courts of this country or in judicial or administrative tribunals of other countries. Claims against other manufacturers, distributors, or suppliers of breast implants or component parts of such implants--or against doctors, hospitals, or other health-care providers--not listed on Exhibit B2 are not part of this settlement and will not be released or dismissed by acceptance of compensation under this Program. A written, signed release shall be required as a condition to obtaining a payment under paragraph 7(c) or 8, and, should there be any attempt to appeal from the order approving the RSP, to obtaining a payment under paragraphs 7(a) or 7(b) while the attempted appeal is pending.

14.	Defendants' Position; Inadmissibility of Settlement.

	(a)	Although agreeing to this foreign settlement, the Settling Defendants continue to deny any wrongdoing or any legal liability of any kind. They have agreed to this settlement not only because of the risk of adverse judgments in some cases, but also because of the substantial time, expense, and other burdens they would incur even in successfully defending against existing cases and cases that might be filed in the future. These defendants believe that, at the same time, the settlement will also be in the best interests of those who have been implanted with their products by expediting the time for resolving claims and that, by taking advantage of the potential savings in "transaction costs" resulting from a class settlement, the amounts actually paid to many participants under the settlement would, in their opinion, exceed recoveries that might be obtained through individual claims and lawsuits.

	(b)	Establishment of and negotiations leading to the FSP, and Claims Office determinations and payments under the program, do not constitute any admission by the Settling Defendants of fault, liability, or damages and will not be admissible in evidence in any proceeding for such purposes or as evidence of ownership, control, agency, or relationship between the Settling Defendants and the Released Parties in the event an implant recipient proceeds with litigation against the defendants.

	(c)	The willingness by the Settling Defendants to "cover" certain implant "brands" and "names" as theirs under the FSP, as identified on Exhibit G2, is solely for purposes of this settlement offer, and should not be viewed as constituting any acknowledgment of, or evidence of, any responsibility by them for claims made in litigation relating to such implants.

15.	Continuing Authority of Court. The Court retains general powers to administer and implement the settlement, including the power to interpret the terms of the settlement and to resolve on an equitable basis conflicting claims to benefits arising because of death of a participant or asserted assignments or liens relating to payment of benefits.

ATTORNEYS

16.	Employment of Attorneys. You may retain an attorney of your own choice for advice concerning your rights or to provide services either in presenting a claim under the FSP or in instituting litigation, but you will be responsible for the fees and expenses of such attorney as explained in paragraph 17. You are not required, however, to have private counsel in order to submit claims under the FSP. Checks from the Claims Office to claimants who indicate they are represented by counsel will ordinarily be payable jointly to the claimant and the attorney and be mailed to the attorney.

17.	Privately-Retained Counsel. Fees and expenses of attorneys individually retained by Foreign Claimants will be borne by such persons based on applicable law where they are domiciled or reside and the individual arrangements made between them and their attorneys, but subject to certain limitations indicated below.

	(a)	The fees charged by individually retained attorneys to an implant recipient who accepts the terms of the FSP shall not exceed the sum of-- 10% of the first $10,000 paid to such participant under the settlement; and 22.5% of the next $40,000 paid to such participant under the settlement.

	(b)	Amounts paid to or on behalf of Current Claimants as explantation benefits under paragraph 7(b) shall not be counted as amounts paid to a participant for purposes of calculating the above limitations.

	(c)	If allowed by applicable law and authorized by the individual arrangement between the attorney and the client, expenses incurred by the attorney solely attributable to the client's claim or case--such as medical evaluation expenses, court costs, and mailing expenses--may be charged against the amounts payable under the FSP. Any such expenses should be deducted before calculating the percentage fee limitations under subparagraph (a) above.

	(d)	Benefits payable under paragraphs 7 and 8 shall not be subject to any reduction for fees and expenses of class counsel for representing the Lindsey class or for other "common benefit" services (or for administrative expenses of the Claims Office and others in implementing the settlement).

18.	Funding of "Common Benefit" Fees and Expenses. Order No. 13 was entered in CV92-P-10000-S in July 1993 in order to provide for the fair and equitable sharing among breast-implant recipients who presented claims in federal court of the cost of the special services performed, and expenses incurred, by attorneys acting for the "common benefit" of all such claimants. Services in conducting common discovery, for example, would be beneficial not only to implant recipients who later chose to pursue litigation, but also to those who later accepted a settlement offer prompted at least in part by the existence of such discovery. As a means for complying with Order No. 13, the Settling Defendants under this Program will pay into the previously-established fund an amount equal to 4% of the amounts paid under paragraphs 7 and 8. These payments will be paid as a surcharge and will not reduce the amounts payable under paragraph 7 or 8 to claimants and their individually retained attorneys.

CLAIMS ADMINISTRATION

19.	Claims Office.

	(a)	As Foreign Claim Forms are received and processed, the Claims Office will send each Foreign Claimant a Notification of Status indicating whether her proof of manufacturer is acceptable, whether the required governmental identification has been filed, and whether she is classified as a Current Claimant or an Other Registrant. Notifications of Status to Current Claimants will also describe the results of the Claims Officers' review of the original disease compensation claim and will also include a Foreign Explantation Claim Form to be completed if and when such person is eligible for those benefits. On or after July 15, 1999, the Claims Office will send abbreviated Notifications of Status to foreign claimants who did not timely file Foreign Claim Forms, stating that the claimant did not apply for benefits in the FSP by filing a Foreign Claim Form by the June 15, 1999, deadline. This Notification, which will trigger the opt-out period under paragraph 5 above, will be sent to the last address provided to the Claims Office, with a copy to the person's attorney if one has been indicated.

	(b)	The Claims Office will continue to implement procedures designed to detect and prevent payment of fraudulent claims. To deter potential fraud, all claims must be signed under penalties of perjury. Since the U.S. Postal Service will be used in the processing and payment of claims, submission of fraudulent claims will violate the criminal laws of the United States and subject those responsible to criminal prosecution in the federal courts.

	(c)	Under its plenary responsibilities to assure an acceptable level of reliability and quality control of claims, the Claims Office may require an additional examination or review by another physician or laboratory.

	(d)	Expenses of the Claims Office will continue to be paid from the funds initially provided under terms of the global settlement, with such supplemental contributions from the Settling Defendants as, during the period of the program, the Court determines to be necessary for such purposes and without reducing the benefits payable to participants under the FSP.

	(e)	Operations of the Claims Office will be subject to the continuing jurisdiction of the Court and subject to Court review.

20.	Fund Administration. The fund into which the Settling Defendants' payments have been will be made is a continuation of the MDL 926 Settlement Fund established under Order No. 15, with Texas as its domicile, location, and place of creation and administration, and with eligible participants being its beneficiaries. Ann Tyrrell Cochran, Claims Administrator, has general responsibilities for collecting, collating, processing, evaluating, and quantifying claims. Edgar C. Gentle, III, has been designated as Escrow Agent and as Chairman of the Investment Committee, with the duties approved by the Court by order dated November 23, 1994 (as modified by further Court orders). Also on the Investment Committee are Don Springmeyer (plaintiffs' designee) and Todd M. Poland (defendants' designee).

21.	Filing of Forms and Documentation.

	(a)	All forms and documentation described in this Notice are to be filed with the Claims Office, and not with the Court. Do not send "courtesy" copies to the Court. Also, do not send to the Claims Office additional copies of materials with a request for acknowledgment--handling of duplicate copies only results in increased administrative costs and delay.

	(b)	Deadlines for providing forms or documentation to the Claims Office are to be determined by the date such items are actually received in the Claims Office, rather than date of mailing. Facsimile transmissions are not acceptable.

22.	Documentation in English. All forms and correspondence sent to the Claims Office must be in English. Forms and correspondence in any other language will not be processed. Claim documentation originally written in a language other than English must have a translation into English attached, along with a translator's statement (under penalties of perjury) attesting that the translator is proficient in English, that the document (or translated portion thereof) has been correctly translated, and that the translator has no personal or business relationship with the claimant or her attorney. Medical and hospital records relating to implantation surgery and offered only to prove the manufacturer of an implant (and not to support a claim under paragraph 7(c)) do not have to be translated into English if--without any translation--the Claims Office can determine that acceptable proof of manufacturer under rules 1-4 or 6-11 on Exhibit G2 has been filed.

23.	Review of Claims Office Determinations. A claimant dissatisfied with a decision made by a Claims Officer may appeal to the Claims Administrator, who, with respect to such matters as timeliness of filings and other similar administrative questions, is authorized to exercise equitable discretion in a like manner as has been exercised by the Court under the Revised Settlement Program (Domestic). The decision by the Claims Administrator will be final; no appeals or reviews will be permitted from such decisions.

ADDITIONAL INFORMATION

24.	Court Filings and Other Documents. You may inspect documents on file with the Court at the office of the Clerk, 1729 Fifth Avenue North, Birmingham, Alabama, 35203, during regular business hours and may obtain copies of these documents (such as the Court's order approving transmittal of this offer to class members) by payment of the prescribed charges. The Clerk's office is not permitted to give legal advice. The Claims Office (800-600-0311 and 713-951-9106) is authorized to answer administrative and clerical inquiries relating to claims and the claims process, but not to give legal advice. Contact the Claims Office if you need a copy of the Disease Schedule that was transmitted with the original global settlement notice.

25.	Legal Assistance. You should save this Notice for reference concerning your rights and benefits, the claims process, the important deadlines, and telephone numbers. In additional to the limited information available from the Claims Office (see paragraph 24 above), you may obtain further information concerning the FSP and your rights and options by consulting an attorney of your own choice or by requesting legal assistance from Claims Assistance Counsel (telephone 513-665-9770). (Note: although establishment of the office of Claims Assistance Counsel has been approved by the Court, the Court does not monitor, review, or supervise--and is not responsible for--the advice given by such persons.)

26.	Internet. The court maintains a webpage at http://www.fjc.gov/BREIMLIT/mdl926.htm. A copy of this Notice and its attachments can be downloaded from that site. Further information regarding the FSP will, from time to time, be posted on that webpage.


This Notice has been approved by Judge Pointer for distribution to registered foreign breast-implant recipients as an official notice of the Court.


				PERRY D. MATHIS Clerk of the Court

EXHIBITS
	B2		List of Settling Defendants and Released Parties
	G2		Implant Brands and Manufacturers--Proof

FORM
	FOREIGN CLAIM FORM

In re: SILICONE GEL BREAST IMPLANTS PRODUCTS LIABILITY LITIGATION (MDL 926)			) ) ) ) )	Master File No. CV 92-P-10000-S
HEIDI LINDSEY, et al.,			)
		Plaintiffs;	)
	-vs.-		) ) ) )	Case No. CV 94-P-11558-S
DOW CORNING CORP., et al.,			)
		Defendants.	)