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AFFIDAVIT OF WAYNE M. HANCOCK:
Date: Tue, 12 Oct 1999 18:36:59 -0600
AFFIDAVIT OF WAYNE M. HANCOCK:
On February
18, 1992, Wayne M. Hancock, who has been an attorney for Dow Chemical since 1967 signed the following affidavit:
AFFIDAVIT
STATE OF MICHIGAN:
COUNTY OF MIDLAND:
I, Wayne M. Hancock, being duly sworn, deposes and says:
(1).
That I am General Counsel for the Dow Chemical Company. I have held that position since October 1, 1981. I have been an attorney
for The Dow Chemical Company since 1967. In addition, I have been a Dow Chemical Company Vice President since January 17,
1985.
(2). That I am familiar with all facets of The Dow Chemical Company's business, that products manufacturered by
The Dow Chemical Company and The Dow Chemical Company's relationship to Dow Corning Corporation.
(3). That prior to December
3, 1991, Dow Corning Corporation's stock was fifty (50%) percent owned by Corning, Inc., and fifty (50%) percent owned byThe
Dow Chemical Company.
(4). That on December 3, 1991, The Dow Chemical Company transferred all of its interest in Dow Corning
Corporation to Dow Holdings, Inc., an indirect, wholly owned subsidiary of The Dow Chemical Company.
(5). That Dow Holdings,
Inc., is owned 100% by Dow Financial Holdings, Inc., a wholly owned subsidiary of The Dow Chemical Company.
(6). That
The Dow Chemical Company is a manufacturer of chemicals and chemical compounds.
(7). That Corning Incorporation is a manufacturers
of specialty glass products.
(8). That Dow Corning Corporation is a manufacturer of silicone products, including silicone
mammary implants.
(9). That Dow Corning Corporation is an independent company and solely responsible for the manufacture
of its silicone implants.
(10). That The Dow Chemical Company (including its divisions and subsidiaries) is not and never
has been in the business of manufacturing, designing, testing, distributing, selling and/or promoting silicone mammary implants,
or any product similar to such product in design, manufacturer or use.
(11). That Dow Corning Corporation is not an instrumentality
of the Dow Chemical Company. Although, prior to December 3, 1991, The Dow Chemical Company owned fifty percent (50%) of the
common stock of Dow Corning corporation, and that stock is currently owned by an indirect subsidiary of The Dow Chemical Company.
The Dow Chemical Company (including its divisions and subsidiaries) maintains separate and independent places of business,
offices, employees, corporate books, records and management operations from those of Dow Corning Corporation; and the only
interest of The Dow Chemical Company (including its divisions and subsidiaries) in Dow Corning Corporation was or is as a
shareholder thereof.
(12). That the Dow Chemical Company (including any of its divisions or subsidiaries) does not currently
and never has manufacturered any silicone medical devices or mammary prosthetic devices of any type. specifically, the Dow
Chemical Company does not produce, manufacture, distribute or market silicone mammary implants or "any component,"
raw material or "intermediate" thereof.
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(13). That the Dow Chemical Company (including any of its divisions or subsidiaries) has never been involved in any research,
testing, design or development of any Dow Corning Corporation silicone mammary implants, or silicone mammary implants manufactured
by any other entity or manufacturer. Also, the Dow Chemical Company has never been involved in any research, testing, design
or development concerning the applicability or suitability of any components, raw materials or intermediates for use in silicone
mammary implants.
(14). That the Dow Chemical Company (including any of its divisions or subsidiaries) has conducted a
limited amount of testing which primarily involves industrial and commercial silicone products or products with silicone components.
The Dow Chemical Company has never been requested by Dow Corning Corporation or any other entity to test, research or evaluate
the safety of any silicone mammary implants or the safety or suitability of any silicone materials for use as components.
The Dow Chemical Company has never been requested by Dow Corning Corporation or any other entity to test, research or evaluate
the safety of any silicone mammary implants or the safety or suitability of any silicone materials for use as components or
intermediates of silicone mammary implants.
(15). That the Dow Chemical Company (including any of its divisions or subsidiaries)
has never exercised any control or direction over Dow Corning corporation relative to the design, testing, manufacturer, sale,
distribution or promotion of Dow Corning corporation silicone mammary implants, nor any component, raw material or intermediate
thereof.
(16). That the Dow Chemical Company (including any of its division or subsidiaries) does not possess, maintain
or control any documents or other physical evidence relating to the design, testing, manufacture, sale, distribution or promotion
of Dow Corning Corporation silicone mammary implants.
(17). That the Dow Chemical Company has no information or knowledge
that any chemicals or compounds manufactured by the Dow Chemical Company are contained in silicone mammary products manufactured
by Dow Corning Corporation.
FURTHER AFFIANT SAYETH NAUGHT.
Signed by: Wane M. Hancock
The foregoing was subscribed
and sworn to before me by Wayne M. Hancock this 18th day of February, 1992. Cheryl A. Johnson, Notary Public. My Commission
Expires: April 22, 1995
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Note: This financial transfer into Dow Holding, Inc., was timed before the moratoriam on silicone implants took place in 1992.
The Dow Chemical Company owns insurance company subsidiaries, and also owns its DOWRINCO (Dow Reinsurance Company) subsidiary
company. Reinsurance company conglomerates in turn insure smaller insurance companies against their catastrophic claims. Through
their corporate insurance and banking ties, (the Mellon Family's: General Re Reinsurance, and General Electric's: Employers
Insurance Co., they can possibily mastermind the small insurance companies NOT to pay out on their breast implant claims.
The Dow Chemical Company is, along with Corning Glass, the sole beneficiary of the Dow Corning insurance claims. Dow Corning
was 100% self-insured through its parent companies.
Ken Ferraro, a company spokesperson for ITT Hartford Insurance Group
of Hartford, Connecticut said that his company insured Dow Corning from 1972 through 1989. The coverage has been "on
top of" Dow's self-insurance layer for some of that time. Dow Corning is 100% SELF-INSURED for the first $3 Million PER
OCCURRENCE OF PRODUCT LIABILITY COVERAGE. Seventy-three insurance companies provided Dow Corning with $3.48 Billion worth
of EXCESS LIABILITY COVERAGE dating back to 1962. These 73 insurance companies had REINSURANCE COMPANIES (Lloyds of London,
etc.) reinsuring them for their loss. Lloyds of London has a strict policy of constantly reviewing their coverage and the
insurance companies under them.
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