Compensation for Multiple Implants Clause Samples

Compensation for Multiple Implants. (i) In any case where an Approved Claimant has had implanted in her body a Dow Corning Breast Implant and one or more Breast Implants that are not Dow Corning Breast Implants, her compensation under Option I or Option II of the Compensation Schedule shall be reduced by fifty (50%) percent. This shall apply regardless of whether or not she recovered compensation in any forum from the manufacturer of the non-Dow Corning Breast Implant or implants. (ii) In any case where an Approved Claimant has had implanted in her body a Dow Corning Breast Implant and one or more Breast Implants that are not Dow Corning Breast Implants, the Approved Claimant may submit a request, accompanied by medical documentation as appropriate, to the Claims Administrator to modify the effect of the percentage-based calculation referred to in Paragraph 5.3(i), above.
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Compensation for Multiple Implants. 9.1. It is recognized by the Plaintiff and Dow Corning that some Settlement Class Members have or had implanted in their bodies one or more Dow Corning Breast Implants and one or more Breast Implants that are not Dow Corning Breast Implants. In any case where an Approved Claimant has had implanted in her body a Dow Corning Breast Implant and one or more Breast Implants that are not Dow Corning Breast Implants, the compensation payable to the Approved Claimant shall be a percentage of the compensation paid to other Approved Claimants with only Dow Corning Breast Implants. Such percentage shall be based upon the ratio between the number of Dow Corning Breast Implants to the total number of all of the Approved Claimant’s Breast Implants. (For illustrative purposes only, where an Approved Claimant had one Dow Corning Breast Implant and three Breast Implants other than Dow Corning Breast Implants, she would be entitled to receive twenty-five percent [25%] of the compensation that would be awarded to a similarly situated Approved Claimant with only Dow Corning Breast Implants.) 9.2. In any case where an Approved Claimant has had implanted in her body a Dow Corning Breast Implant and one or more Breast Implants that are not Dow Corning Breast Implants, the Approved Claimant may submit documentation to the Claims Administrator to modify the effect of the percentage-based calculation referred to in Paragraph 9.1, above. In rendering its decision under this Section 9, the Claims Administrator may consider only the length of time each respective Breast Implant was in place. 9.3. In any case where an Approved Claimant with multiple Breast Implants has received compensation from the MEC Settlement (i.e., the class action settlement of breast implant claims entered into by various parties in the Superior Court for the District of Montreal, as approved by the Honourable ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, j.c.s., and in the Ontario Court [General Division], as approved by the Honourable ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, respectively, Power et al. ▇. ▇▇▇▇▇▇▇-▇▇▇▇▇ Squibb Co., No. 500- 06-000004-917, and ▇▇▇▇▇▇▇▇▇ v. Medical Engineering Corp., Court File No. 17629/94), the Baxter Settlement (i.e., the class action settlement of breast implant claims entered into by various parties in the Quebec Superior Court, as approved by the Honourable ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, and in the Ontario Court [General Division], as approved by the Honourable ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, and as subsequ...
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