Representation of Tort Claimants Committee Dow Corning

Representation of the tort claimants committee representing individual claimants who sustained injuries attributable to breast implants and other medical implant devices. This historic Chapter 11 case was filed in Michigan and involved myriad novel issues. Litigation in the case included issues relating to (i) the jurisdiction and venue for resolution of mass tort claims, (ii) the estimation of tort claims, issues regarding the applicability of the bar date to both domestic and international mass tort claimants, and (iii) whether the bar date applied to affect the rights of unborn claimants, and of claimants who might manifest injuries in the future. In addition to issues relating to the intersection of bankruptcy and tort law, myriad other issues arose and were addressed in the bankruptcy case, including those regarding the impact of mass tort claims on the rights of commercial claims, and issues raised concerning the treatment of the claims and whether non-debtor parties could obtain relief under a bankruptcy discharge, or protection from direct and third-party claims. After confirmation of the plan, there were numerous appeals to the confirmation order, and further litigation addressing the resolution of issues regarding late claims, claims by the United States arising under various benefit programs which sought subrogation and reimbursement of costs, and claims for substantial contribution payments by participants in the bankruptcy case. Reported decisions include:

  • In re Dow Corning Corp., 142 F.3d 433 (6th Cir. 1998)
  • In re Dow Corning Corp., 250 B.R. 298 (Bankr. E.D. Mich. 2000)
  • In re Dow Corning Corp., 113 F.3d 566 (6th Cir. 1997)
  • In re Dow Corning Corp., 212 B.R. 258 (E.D. Mich 1997)
  • In re Dow Corning Corp., 215 B.R. 526 (Bankr. E.D. Mich. 1997)