Common use of Compensation for Multiple Implants Clause in Contracts

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 subsequently revised and approved as, respectively, ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇

Compensation for Multiple Implants. 9.1. (i) It is recognized by the Plaintiff Plaintiffs and Dow Corning that some Settlement Class Members Settling Claimants 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 lower than the compensation paid to other Approved Claimants with only Dow Corning Breast Implants. Such The percentage of the decrease shall be based upon the ratio between of 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. (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 medical documentation to the Claims Administrator to modify the effect of the percentage-based calculation referred to in Paragraph 9.1Subparagraph 7.4(i), above. In rendering its decision under this Section 9section, the Claims Administrator may consider only consider: • the length of time each respective Breast Implant was in place; • the date of onset of various relevant symptoms; and • the rupture of an implant, if any. 9.3. (iii) In any case where an Approved Claimant with multiple Breast Implants has received compensation from the MEC Settlement (i.e.Settlement, 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 ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇Settlement and/or the U.S. Settlement, j.c.s., and in the Ontario Court [General Division], as approved Approved Claimant’s compensation pursuant to that settlement shall be considered by the Honourable ▇▇Claims Administrator. ▇In instances where the claims administrator of the MEC Settlement, the ▇▇▇▇▇▇ Settlement, or the U.S. Settlement modified the effect of the multiple implants percentage-based calculation pursuant to the MEC Settlement, the ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇Settlement, respectivelyor the U.S. Settlement, Power et al. ▇. ▇▇▇▇▇▇▇-▇▇▇▇▇ Squibb Co.the Claims Administrator shall, No. 500- 06-000004-917if necessary, adjust the percentage calculated pursuant to Subparagraphs 7.4(i) and ▇▇▇(ii), above, of this Exhibit D so that the Approved Claimant’s percentages of compensation from the MEC Settlement, ▇▇▇▇▇▇ v. Medical Engineering Corp., Court File No. 17629/94)Settlement, the Baxter U.S. Settlement and this Settlement do not exceed a cumulative total of one hundred percent (i.e.100%). (For example, where an Approved Claimant has two Breast Implants, one of which is a Dow Corning Breast Implant and the class action settlement other of breast implant claims entered into by various parties in the Quebec Superior Court, as approved by the Honourable ▇▇. ▇which is an MEC or ▇▇▇▇▇▇ Breast Implant, she would normally have received fifty percent [50%] compensation under the MEC Settlement or the ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇Settlement and would receive fifty percent [50%] compensation under this Agreement. However, and if she was awarded seventy-five percent [75%] compensation in the Ontario Court [General Division], as approved by MEC Settlement or the Honourable ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇Settlement, and as subsequently revised and approved as, respectively, ▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇such Approved Claimant would only receive twenty-five percent [25%] of her total compensation under this Agreement.)