FREQUENTLY ASKED QUESTIONS

The settlement was for women who underwent a Tompkins Metroplasty performed by Dr. Salim Daya at the Hamilton Health Sciences Corporation during the period January 1, 1990 to March 31, 2004 and her family members.

The deadline to submit a claim for compensation has passed.

Payments from the Base Fund were mailed to eligible Class Members on August 15, 2008. Uncontested payments to eligible Family Class Members were mailed by the Administrator to the Designated Family Class Member on August 22, 2008.

It has taken longer than expected to decide the contested Family Class Member payments and payments for claims for additional compensation. Decisions on most additional compensation claims are expected in December. Sharing of any excess settlement monies cannot occur until the necessary hearings with Fund Counsel and/or the Referee have been completed, any appeals have been heard, and Court approval is obtained. It will be into the new year before this final aspect of the settlement can be completed.

The deadline to opt out of the class action has passed. All persons who fall within the Class Member definition who did not opt out of the action are bound by the terms of the settlement.

A Class Member who experienced certain medical complications or interventions in certain timeframes provided for in the Additional Compensation Grid could claim for additional compensation if the complications or interventions were caused or contributed to by the Tompkins Metroplasty.

The deadline to submit a claim for additional compensation has passed.

The maximum amount of additional compensation that may be awarded to a Class Member whose Tompkins Metroplasty caused or materially contributed to the medical complications or interventions is $20,000.