After the January 1999 fairness hearing, the Inamed limited fund class action settlement was approved. Because that settlement fund is relatively small ($32 million with more than 45,000 potential claimants), because all notice and administrative costs must be paid out of the limited amount, and because differentiating among types of injuries and claims would greatly increase administrative costs and thereby decrease the amount available to pay claimants, the court is proposing a simple distribution plan. Each qualifying claimant will receive the same amount, calculated by dividing the amount available for distribution (after deduction of notice and administrative costs) by the number of qualifying claimants.

Any alternative proposals or objections to this distribution plan must be mailed to Inamed Proceedings, PO Box 2785, Birmingham, AL 35202-2785 USA. At a July 6, 1999, hearing the court will consider all comments or objections mailed to that post office box and postmarked by June 22, 1999. If this distribution plan is approved, there will not be further written notice to class members (although information about approval will be posted on this website). If this plan is not approved, additional notice and claim filings may be required and any additional notice and administrative costs resulting from a different plan of distribution will also have to be deducted from the amount available for distribution to claimants.

The Claims Office is mailing notice of this proposed distribution plan to attorneys representing registrants and to registrants who are not represented by attorneys. Persons who have already established their eligibility to participate as post-8/84 McGhan claimants in the revised settlement program do not have to do anything to qualify under the proposed plan of distribution; if this plan is approved, they will automatically be included in the distribution of the settlement fund. Other persons who have had at least one post-8/84 McGhan or Cox Uphoff implant will have to file the Inamed claim form, with the required brand confirmation. Claims forms must be complete, properly signed, and received in the Claims Office by October 1, 1999. The claim form with its accompanying instructions can be downloaded in either RTF or WordPerfect formatand then duplicated for filing with the Claims Office.

Implant recipients should file this claim form only if they have had an implant covered by this particular settlement. Please see the list of Inamed brand names included with the instructions for completing the claim form.

Unless an excessive number of claims are filed on or just before the October 1, 1999, deadline, we anticipate that payments to qualifying claimants could be mailed as early as December 1999 if this plan is approved.