Product Identification Documentation. (i) To be deemed sufficient to establish that the Class Member’s Breast Implants are or were Dow Corning Breast Implants “Product Identification Documentation” shall consist of any one of the following:
(a) contemporaneous hospital records or the implanting surgeon’s report of the surgery specifying that the Class Member was implanted with Dow Corning Breast Implants, or
(b) contemporaneous copies of medical records that contain the package label for the Dow Corning Breast Implants with which the Class Member was implanted, or
(c) a product identification report pursuant to Subparagraphs I.B.7 and I.B.8 of Schedule I to Annex A to Settlement Facility and Fund Distribution Agreement of the Confirmed Plan of Reorganization identifying the Dow Corning Breast Implant pursuant to the unique product identifiers defined in Section I.D of Schedule I to Annex A to Settlement Facility and Fund Distribution Agreement of the Confirmed Plan of Reorganization.
(d) if the Product Identification Documentation specified in Subparagraphs 2.4(i)(a), (b) or (c), above, is not available, a written statement signed by the implanting surgeon or by an authorized representative of the hospital or clinic where the implantation of the Class Member’s Dow Corning Breast Implants was performed, attesting that the Class Member was implanted with Dow Corning Breast Implants. Such statement cannot rest upon unacceptable and insufficient proof of product identification as outlined in Subparagraph 2.4(iii), below, and it must be accompanied by an affidavit from the Class Member stating: & the steps taken by the Class Member to obtain Product Identification Documentation as outlined in Subparagraphs 2.4(i)(a) and (b) above; and & the responses, if any, to those steps.
(ii) If a Class Member is unable to provide Product Identification Documentation as outlined in Subparagraphs 2.4(i)(a), (b), (c) or (d), above, the Class Member may submit to the Claims Administrator such other objective verification of the identification of the Dow Corning Breast Implants as may be acceptable to the Claims Administrator, subject to the approval of Class Counsel and Dow Corning, neither of whose approval shall be unreasonably withheld. Such objective verification cannot rest upon unacceptable and insufficient proof of product identification as described in Subparagraph 2.4(iii), below. Such other objective verification must be accompanied by an affidavit from the Class Member stating:
(a) the steps taken by th...
Product Identification Documentation. “Product Identification Documentation” consists of any or all documents meeting the criteria for Level I Proof or Level II Proof, as defined below, that a Settling Australian Claimant wishes the Claims Administrator to consider in assessing her claim that her Breast Implant(s) is or was a Dow Corning Breast Implant and/or contained or contains Dow Corning Breast Implant Raw Materials. All Product Identification Documentation shall be submitted on or before the Claim and Documentation Deadline. The Claims Administrator shall consider all Product Identification Documentation submitted by the Settling Australian Claimant and, if the documentation is acceptable, shall grade the documentation as “Level I Proof” or as “Level II Proof.”
1. Level I Proof
a. proof of manufacture as set forth in Paragraph I.B of Schedule I to Annex A to the Settlement Facility Agreement;
b. contemporaneous medical records of the implanting surgeon or implanting hospital, or a Detailed Medical Report, attesting that Dow Corning Breast Implant(s) were implanted in the Settling Australian Claimant;
c. the contemporaneous receipt from the supplier of the Settling Australian Claimant’s Breast Implant showing that Dow Corning Breast Implant(s) were supplied and/or delivered for implantation in the Settling Australian Claimant; or
d. the actual Breast Implant(s), identifiable as Dow Corning Breast Implant(s) that were removed, together with a Detailed Medical Report or contemporaneous medical records of the explanting hospital or surgeon describing the surgical removal of the Dow Corning Breast Implant(s).\ Level I Proof Product Identification Documentation of Dow Corning Breast Implant Raw Materials is equivalent to the proof otherwise required in this Subparagraph III.A.1, except that the proof shall demonstrate the claimant’s breast implant was a breast implant of the types that are listed in Part III, Paragraphs B and D of Schedule I to Annex A to the Settlement Facility Agreement.
2. Level II Proof
a. originals or copies of contemporaneous medical records or a Detailed Medical Report from the surgeon or hospital that explanted the Settling Australian Claimant’s Breast Implant(s) attesting to removal of a Dow Corning Breast Implant. Such documentation will not be acceptable if any information in the Settling Australian Claimant’s medical records or the Detailed Medical Report describing the implant is inconsistent with the Dow Corning Breast Implant product identifiers set forth in Par...
