Common use of Compensation for Multiple Implants Clause in Contracts

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.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement