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Monday, July 15, 2019

Liz was the Ken Feinberg of Dow Chemical

The reason these claims clearinghouse operations is to limit the financial damages and liability incurred by the offending party. Probably the most familiar case of this for us would be the Gulf Coast Claims Facility set up by Kenneth Feinberg in the wake of the BP disaster of 2010.  For those unfamiliar with how that played out, there are archives here and here and, yeah, here too

In this case it's Dow Chemical looking to limit the size of its payout after having put a thousands of people's health at risk.  Liz was there to help them put out the fires.
When Dow Corning faced thousands of lawsuits in the 1990s from women saying they’d become sick from the company’s silicone gel breast implants, its parent firm, Dow Chemical, turned to one of the country’s leading experts in corporate bankruptcies: Professor Elizabeth Warren.

Warren, now a Democratic presidential candidate, has never publicly discussed her role in the case. Her campaign said she was “a consultant to ensure adequate compensation for women who claimed injury” from the implants and that a $2.3 billion fund for the women was started “thanks in part to Elizabeth’s efforts.”

But participants on both sides of the matter say that description mischaracterizes Warren’s work, in which she advised a company intent on limiting payments to the women.

“She was on the wrong side of the table,” said Sybil Goldrich, who co-founded a support group for women with implants and battled the companies for years. Goldrich said Dow Corning and its parent “used every trick in the book” to limit the size of payouts to women. The companies, she added, “were not easy to deal with at all.”

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