Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 2, No. 11, October 11, 2005



This is the 19h e-newsletter (Vol. 2, No.11) from the Claimants' Advisory Committee (CAC) in the Dow Corning bankruptcy Settlement Plan. You were sent a copy of the newsletter because our records show that you requested to be on the mailing list. If you wish to unsubscribe or to reply to this newsletter, send an email to: info@tortcomm.org. Please do not hit "Reply" to this email address. Please use the email address: info@tortcomm.org.

NOTE: The CAC is happy to answer questions you may have, but we urge you to first contact the Claims Assistance Program at their toll free number (866-874-6099) or by email at: info@sfdct.com. We apologize for any delay on our part in returning phone calls and answering inquiries. Please know that we will work to respond to each inquiry.



1. SUMMARY OF PRESENTATION AT INFORMATIONAL MEETINGS

The first informational meetings were recently – one in Dallas for attorneys and legal professionals followed by claimant meetings in Denver, Salt Lake City, Cleveland, Santa Barbara, Portland and Reno. Additional meeting dates and locations for the U.S. and Europe are listed below in Sections 4 and 5 of this Newsletter. Please note that the meeting originally scheduled for New Orleans has been moved to Memphis, TN.

For those who are unable to attend one of the meetings, a summary can be read in CAC E-Newsletter, Vol. 2, No. 10, dated September 29, 2005 located on the CAC website (www.tortcomm.org) under "E-Newsletters."


2. ORDERS ENTERED BY DISTRICT COURT

On October 6, 2005, the District Court entered a series of Orders, as listed below. Copies of the Orders that pertain to the Settlement Facility are on the CAC website under "Court Orders" and those that pertain to the Litigation Facility are listed under "Opt-Out Information for Litigation."

a) Settlement Facility Orders

► "Agreed Order Modifying and Extending the Order of August 5, 2005 That Temporarily Suspends Cure Deadlines." This Order further extends the cure deadline for all claimants whose cure deadline has either run or will run prior to January 16, 2006 to a new cure deadline of January 17, 2006. The Claims Administrator is continuing to work towards providing the CAC and Debtor’s Representatives with information about any processing differences between the MDL 926 Claims Office and the Settlement Facility. We will report more on this effort in future newsletters and on our website.

► "Agreed Order Adopting Additional Q&A Pursuant To Article IX of Annex A, The Claims Resolution Procedures." This Order approves the following Q&A’s on allowable attorney fees and expenses:

Q12. Can a law firm charge interest on expenses the firm advanced or for a loan the firm took out to handle a claimant’s case?

A8. No. Interest on either a loan or on expenses advanced are not chargeable to the claimant.

Q13. Can a law firm charge each client it represents a percentage of expenses it incurred on behalf of all clients?

A13. No. The allowable expenses must be related to the client’s individual case as set forth in Q11-4 in the Claimant Information Guide.

Q14. Can a law firm charge the client for expenses incurred in attending meetings or seminars on breast implant issues?

A14. No.
b) Litigation Facility Order

► "Order Dismissing Cases Against Dow Chemical Co. and Corning Inc." This Order dismisses all cases that were filed in or transferred to the Eastern District of Michigan in which either Dow Chemical and/or Corning, Inc. were named as defendants. This is because claims against these entities are included in the Amended Joint Plan of Reorganization of Dow Corning, and separate lawsuits against these entities are not permitted. A complete list of cases affected by the Order are listed on the CAC’s website along with the Order.

3. Late Notice of Intent Claims and Unmatched Notice of Intent Claims

a) Late NOI Claims – the Court has not entered an Order with procedures on how late Notice of Intent ("NOI") appeals will be handled. Late NOI claims are those that were filed after August 30, 2004. Claimants who did not file a Proof of Claim form or NOI form prior to this time must file a motion with the U.S. District Court in the Eastern District of Michigan before Judge Hood asking to be permitted to participate.

b) Unmatched NOI Claims – the issue of whether unmatched NOI claimants will be allowed to participate in settlement benefits is still under discussion. Pursuant to the Court’s Order of June 10, 2004 and the agreed procedures attached thereto as Exhibit A, the CAC has asked the Claims Administrator to provide an analysis of the NOI survey data no later than November 30, 2005. Once we have that analysis, we will be in a better position to determine whether we must seek Court intervention and a ruling.

4. U.S. INFORMATION MEETING SCHEDULE

The Settlement Facility will sponsor a series of informational meetings this fall in the United States and Europe. Please note that the meeting originally set for November 4th in New Orleans has been cancelled. The SF-DCT is working to move this meeting to Memphis, but details have not been confirmed at this time. The schedule for meetings in the U.S. is:

Date City Location Address Time
October 18, 2005 Washington DC Washington Plaza Hotel
10 Thomas Circle NW
P: (202)842-1300
8:00 AM – 12:00 PM
 
October 21, 2005 Charleston , SC The Francis Marion Hotel
387 King Street
P: (843) 722-0600
8:00 AM – 12:00 PM
 
October 24, 2005 Miami , FL JW Marriott Hotel Miami
1109 Brickell Avenue
P: (305)374-1224
1:00 PM – 4:00 PM
 
November 4, 2005 Memphis, TN Memphis Marriott Downtown
250 N. Main St.
1:00 PM - 4:00 PM

The meetings are open to all Settling Claimants, their family and attorneys/law firm members who represent SF-DCT claimants.

5. EUROPEAN CLAIM MEETING SCHEDULE

The following meetings in Europe have been schedule for the fall of 2005 (listed below). The SF-DCT attempted to schedule the meetings near major transportation lines to provide easy access for claimants to attend. The meetings in London, Dublin and Glasgow will be conducted in English. Representatives from the SF-DCT who are fluent in Dutch and English will be present at the meeting in The Hague. Representatives from the SF-DCT who are fluent in German and English will be present at the meetings in Frankfurt and Zurich. A representative of the CAC and/or the Foreign Liaison Counsel to the CAC (Melissa Ferarri) will be present to answer questions as well.

Date City Location Address Time
14 November 2005 London Le Meridien Piccadilly
21 Piccadilly, London, W1J0BH, UK
09:00 – 12:00
15 November 2005 Dublin Holiday Inn Dublin City Centre
99-107 Pearse St. , Dublin Ireland
09:00 – 12:00
16 November 2005 Glasgow Jurys Inn Glasgow
80 Jamaica Street , Glasgow, UK
09:00 – 12:00
19 November 2005 The Hague Theater Diligentia, Lange Voorhout 5
2514 EA Den Haag
09:00 – 12:00
21 November 2005 Frankfurt Frankfurt Airport Conference Center
Fraport AG—60547 Frankfurt am Main, Germany
09:00 – 12:00
22 November 2005 Zurich Hotel Intercontinental Zurich
420 Badenerstrasse, 8040 Zurich, Switzerland
09:00 – 12:00

6. DEADLINES TO FILE CLAIMS

Please mark your calendar with the claim submission deadlines. Please note that most of these deadlines mean that your claim forms and materials must be received by the appropriate entity by the posted deadline. Please mail all forms early enough so that they are received by the deadline listed below. If your claim form is not received by the deadline listed below, you will not be permitted to file a claim later. For example, if you do not file a Rupture claim by June 1, 2006 but discover in 2008 that you have a rupture, your rupture claim will not be allowed. It will be denied.

For more information on the life expectancy and rupture rates associated with silicone gel breast implants, you may contact the Office of Plaintiffs’ Liaison Counsel at info@oplc.org or at 205-252-6784.

Deadline Date

Type of Deadline

June 1, 2006

Rupture Claim submission deadline for Classes 5, 6.1 and 6.2

June 1, 2006

Silicone Material Claim submission deadline – Class 7. All claims for Disease or Expedited Release must be submitted by this date. The Fund will close permanently and no new claims will be allowed after this date.

June 1, 2006

Covered Other Products submission deadline – Classes 9, 10.1 and 10.2. All claims for Expedited Release or a Medical Condition must be submitted by this date. The Fund will close permanently and no new claims will be allowed after this date.

June 1, 2007

Expedited Release submission deadline – Classes 5, 6.1 and 6.2

June 2, 2014

Explant Claims submission deadline for Classes 5, 6.1 and 6.2

June 3, 2019

Disease Claim submission deadline for Classes 5, 6.1 and 6.2


Deficiency / Cure Deadlines

If you receive a Notification of Status letter from the Settlement Facility stating that you have a deficiency in your claim submission, please note that there are very short deadlines to cure most deficiencies. The deadlines are listed below:

Settlement Benefit

Deadline to Cure Deficiency

Proof of Manufacturer

No deadline but your claim for Explant, Rupture, Medical Condition or Disease will not be reviewed until you first have acceptable proof of an eligible implant

Explant

6 months from date of Notification of Status letter

Rupture

6 months from date of Notification of Status letter

Medical Condition (Classes 9, 10.1 and 10.2)

6 months from date of Notification of Status letter

Disease

1 year from date of Notification of Status letter



If you would like to read prior CAC e-newsletters, they are available on the CAC website by clicking on "Electronic Newsletter."  We urge you to visit the CAC website ( www.tortcomm.org) on a regular basis to download or view relevant documents and read updates and new information. To contact the CAC, send an email to: info@tortcomm.org or send a letter to the new Post Office Box address for the CAC at:

Claimants’ Advisory Committee
P.O. Box 665
St. Marys, Ohio 45885

This is a NEW P.O. Box address for the CAC so please update your records.

Questions about the status of your claim or a claim-specific question (i.e., when am I going to be paid, has my claim been processed, etc.) should be directed to the Claims Assistance Program at info@sfdct.com. Please do not send these types of questions to the CAC because we are unable to answer them. The CAC does not have access to individual claimant files and information. When we receive inquiries such as this, we have to forward them to the Claims Assistance Program for a response which delays the response.

NOTICE: This document is copyrighted. You are not authorized to post it on any website without express, prior written permission of the Claimants’ Advisory Committee.



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