QUESTIONS AND ANSWERS
GENERAL INFORMATION
Q1. What is the Tolbert/Monsanto Settlement?
- It is the settlement for all Plaintiffs in the two Federal Court cases of Tolbert v. Monsanto
and Oliver v. Monsanto related to possible exposure to PCBs and consists of a total
settlement amount of $300 million to settle all claims related to PCB exposure, including
attorney fees, for all plaintiffs. Benefits may include monetary compensation for plaintiffs
exposed to PCBs based on the level of PCBs in their blood, possible disease claims and
property damage claims. In exchange, the Defendants, Monsanto and Solutia, and companies
and individuals associated with them, are released from further possible PCB liability to the
claimants.
Q2. Who are the Claimants covered by the settlement?
- Plaintiffs in Tolbert v. Monsanto and Oliver v. Monsanto who were not parties to any prior
suit related to PCB exposure and who have not transferred their rights to the proceeds of any
recovery to another party.
Q3. What must I do to register my claim?
- If you were a Plaintiff in Tolbert v. Monsanto or Oliver v. Monsanto, in order to receive
benefits you are required to complete and return the Advance Payment Registration Form to
the Claims Administrator for his receipt no later than March 31, 2004. Do not send medical
records or other claim related records to the Claims Administrator until we ask you to do so
later. In addition, in order to receive benefits in addition to the Advance Payment, as
explained in Q10, you will be required to fill out additional forms and, if you are claiming
a physical injury as explained in Q11you will be required to submit to a blood test.
Q4. Since this settlement is being supervised by a Federal Court in Birmingham, will it be
necessary for me to go to Birmingham to participate in the settlement, to file a claim,
to take my blood test, obtain medical evaluations, etc.?
- No. You will be able to submit your claims by mail and you will be able to have your blood
test and any other medical services covered by the settlement near your home.
Q5. How can I get more information?
- There are three ways established by the Court for you to get more information concerning
the proposed settlement and your rights.
- You can access the website at www.tolbertqsf.com,
CLAIMS ADMINISTRATOR, TOLBERT QUALIFIED SETTLEMENT FUND
(MONSANTO/SOLUTIA SETTLEMENT)
Suite 1200
2 North 20th Street
Birmingham, AL 35203; or
(3) You can call 1-800-345-0837.
You may also consult with your current attorney or your attorney of your choice.
ELIGIBILITY
Q6. I want to participate in the settlement, but I also received benefits from another
Monsanto PCB settlement class. Can I still participate?
- No. If you have already received PCB-related benefits from Monsanto, you are not eligible
to receive any payments from the Tolbert/Monsanto Settlement.
Q7. I want to participate in the settlement, but I'm not sick. Can I still participate?
- Yes. You do not have to be sick to receive benefits from the Tolbert/Monsanto Settlement,
although the amounts you may receive from the settlement may be lower than another
plaintiff who has an illness attributed to PCB exposure.
Q8. I want to participate in the settlement, but I no longer live in the area. Can I still
participate?
- Yes. If you have previously lived in the area and meet all other membership qualifications,
you are entitled to benefits from the settlement.
Q9. I want to bring another action and not participate in the settlement. Can I do so?
- If you are a claimant in Oliver v. Monsanto or Tolbert v. Monsanto, you cannot bring another
claim or refuse to participate in the Settlement. The settlement relates to all Plaintiffs in
Tolbert v. Monsanto and Oliver v. Monsanto and does not afford an opt-out right because
this is not a class action.
BENEFITS AND CLAIMS
Q10. What are the benefits of the settlement?
- Benefits include a $500 advance payment for claimed exposure to PCBs to all claimants who
submit a proper Advance Payment Registration Form which is received by the Claims
Administrator on or before March 31, 2004. In addition, future payments may be made
based on (i) proximity and duration of residence in the West Anniston or Oxford area; (ii)
PCB blood levels; (iii) long-term diseases with criteria to be developed by medical experts;
(iv) property damage; or (v) other factors.
Q11. How do I make a claim for benefits from the settlement?
- To receive a $500 advance payment, you must submit a proper Advance Payment
Registration Form which is received by the Claims Administrator on or before March 31,
2004. Don't send us medical or other records until further notice. In order to receive
benefits for personal injury, you will be required to submit to a blood test. In addition, for
any additional benefits, you will be required to complete and timely file additional claim
forms which will be sent to you at a later date. Please note that the criteria and values for
such claims have not been determined.
Q12. I am not sick. What benefits do I get under the settlement?
- At this time, you are eligible to receive a $500 advance payment due to your exposure to
PCBs. In addition, you will be entitled to participate in any benefits related to your personal
injury and property damage. Please note that the criteria and values for such claims have not
been determined.
Q13. Will I be required to pay for my blood test?
- No. The cost of the blood test will be paid by the settlement fund.
Q14. I have a serious liver disease. How much will I be paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your medical
condition must be developed by experts and will depend on the number of individuals who
are determined to have developed a PCB related condition. Please note that the criteria and
values for such claims have not been determined.
Q15. I have chloracne. How much will I be paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your medical
condition must be developed by experts and will depend on the number of individuals who
are determined to have developed a PCB related condition. Please note that the criteria and
values for such claims have not been determined.
Q16. I have cancer. How much will I be paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your medical
condition must be developed by experts and will depend on the number of individuals who
are determined to have developed a PCB related condition. Please note that the criteria and
values for such claims have not been determined.
Q17. I have thyroid disease. How much will I be paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your medical
condition must be developed by experts and will depend on the number of individuals who
are determined to have developed a PCB related condition. Please note that the criteria and
values for such claims have not been determined.
Q18. I have diabetes. How much will I be paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your medical
condition must be developed by experts and will depend on the number of individuals who
are determined to have developed a PCB related condition. Please note that the criteria and
values for such claims have not been determined.
Q19. I have high blood pressure. How much will I be paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your medical
condition must be developed by experts and will depend on the number of individuals who
are determined to have developed a PCB related condition. Please note that the criteria and
values for such claims have not been determined.
Q20. I have lived in West Anniston my whole life. How much will I be paid under the
settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your length of
residence in the area will depend on the number of individuals who may qualify for payment
under the settlement and their related conditions. Please note that the criteria and values for
such claims have not been determined.
Q21. I have had a blood test that shows that I have PCBs in my blood. How much will I be
paid under the settlement?
- At this time, you are eligible to receive a $500 advance payment. Because there is a fixed
amount of money to be paid for all claims, any additional payments based on your length of
residence in the area will depend on the number of individuals who may qualify for payment
under the settlement and their related conditions. Please note that the criteria and values for
such claims have not been determined.
Q22. I have previously had my blood tested. Will I be required to have it tested again?
- We don't know yet. We will be asking the Federal Court to decide the appropriate blood
test. If you have taken the test ordered by the Court, you may not have to take it again. You
will need to have your blood tested using the same test as other plaintiffs in the settlement.
Q23. My father was a claimant and had his blood tested. Unfortunately, he has since passed
away. Will he be able to participate?
- Yes. He will be eligible for any benefits based on the blood test he has received since he will
be unable to have it re-tested. Please note that the criteria and values for such claims have
not been determined.
Q24. My mother was a claimant but did not have her blood tested. Unfortunately, she has
passed away. Will she be able to participate?
- Yes. She will be eligible to receive a $500 advance payment, any claim based on proximity
and duration of residence and any property damage claim. In addition, upon proof of a
disease related to PCB exposure, the Claims Administrator will consider all evidence
available in order to develop her eligibility despite the lack of a blood test. Please note that
the criteria and values for such claims have not been determined.
Q25. Will I have to prove that my illness was caused by PCBs?
- No. Once a medical panel as developed a listing of diseases attributed to PCB exposure, you
will not be required to prove causation. Once that schedule is developed, you will receive
additional information regarding making such claims. Please note that the criteria and values
for such claims have not been determined.
Q26. What if I have more than one of the diseases that are contained in the disease criteria?
- If you have more than one covered disease or condition, you will receive payment for the
most highly compensated disease or condition. Please note that the criteria and values for
such claims have not been determined.
Q27. Can I receive a payment for both a disease and for property damage?
- Yes. If you meet the qualifications for both a disease claim and a property damage claim,
you will be entitled to both payments. Please note that the criteria and values for such claims
have not been determined.
Q28. How long will it take before I will be paid for claims I now have?
- You will be paid your $500 advance payment within one week of the Claims Administrator's
receipt of a proper Advance Payment Registration Form. Any additional payments will be
made after the schedule for payments is developed and the Claims Administrator receives
your blood test and additional claim forms.
Q29. What benefits will my children receive under the settlement?
- Your children are entitled to payments based on their exposure to PCBs in the same manner
that adult claimants are, however, for claimants under age nineteen receiving the $500
advance payment and any other payment not based on a disease claim, the amount will be
held in an interest bearing account until they reach nineteen, when they will receive any
benefit amounts that have been held for them plus interest.
ADVANCE PAYMENTS
Q30. Will the check for my advance payment be mailed directly to me?
- Your check will be mailed to the address you provide to the Claims Administrator on your
Advance Payment Registration Form.
Q31. I have sent in my Advance Payment Registration Form. When can I expect my $500
check?
- Your check should be mailed to the address provided on the Advance Payment Registration
Form within one week of its receipt by the Claims Administrator. As a result, if you do not
receive your $500 check within two weeks of mailing your Advance Payment Registration
Form to the Claims Administrator, please call the Claims Administrator at (800) 345-0837.
Please do not call the Claims Administrator before 14 days have passed.
Q32. If my insurance company files a subrogation claim, will that company receive any of
my benefits?
- No final determination has yet been made to resolve a creditor's claims to benefit payments.
If a subrogation claim or lien claim is made, the Claims Administrator will notify you of the
procedures in place to handle resolution of the problem and the issuance of any benefit
checks.
Q33. I filed bankruptcy in 1980. The Advance Payment Registration Form requires me to
state that I have never filed bankruptcy. How can I register and get my $500 check?
- You cannot register for your Advance Payment until the bankruptcy issue is resolved. You
can register for the Settlement, however, by signing the form, striking through the language
in the form that you cannot swear is true, and providing the Claims Administrator with the
bankruptcy information (date petition filed, where filed and date of discharge) as an
attachment to your Advance Payment Registration Form. After we look at this information,
we will determine whether you still qualify for an advance payment.
ATTORNEYS' FEES AND EXPENSES
Q34. Can my attorney take a fee out of my $500 advance payment or any other check I may
receive?
- No. Your counsel has been paid from the settlement fund and is not entitled to any payment
from your benefits. However, if you hire additional counsel, you will be subject to the terms
of any subsequent fee agreement.