Compensation for Multiple Implants Sample Clauses

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. (i) It is recognized by the Plaintiffs and Dow Corning that some 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 lower than the compensation paid to other Approved Claimants with only Dow Corning Breast Implants. The percentage of the decrease shall be based upon the ratio 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 25% of the compensation that would be awarded to a similarly situated Approved Claimant with only Dow Corning Breast 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 medical documentation to the Claims Administrator to modify the effect of the percentage-based calculation referred to in Subparagraph 7.4(i), above. In rendering its decision under this section, the Claims Administrator may 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. (iii) In any case where an Approved Claimant with multiple Breast Implants has received compensation from the MEC Settlement, the Xxxxxx Settlement and/or the U.S. Settlement, the Approved Claimant’s compensation pursuant to that settlement shall be considered by the Claims Administrator. In instances where the claims administrator of the MEC Settlement, the Xxxxxx Settlement, or the U.S. Settlement modified the effect of the multiple implants percentage-based calculation pursuant to the MEC Settlement, the Xxxxxx Settlement, or the U.S. Settlement, the Claims Administrator shall, if 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, Xxxxxx Settlement, the U.S. Settlement and t...
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