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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 2, No. 12, October 20, 2005



This is the 20th e-newsletter (Vol. 2, No. 12) 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.MIAMI CLAIMANT MEETING CANCELLED!!

Because of approaching Hurricane Wilma, the claimant information meeting scheduled for Monday, October 24th in Miami has been CANCELLED.


2. PRODUCT ID ALERT: SETTLEMENT FACILITY RELEASES LIST OF DOCTOR'S STATEMENTS SHOWING THEIR EXCLUSIVE USE OF DOW CORNING BREAST IMPLANTS

Shortly before the Effective Date of the Dow Corning Plan of Reorganization (June 1, 2004), a new product ID protocol was added that allowed claimants to rely on a doctor's statement about his or her use of Dow Corning breast implants as their product ID provided that they could document that they were implanted by the doctor who wrote the statement. These are called "piggy back" affirmative statements because the protocol allows claimants to "piggy back" off of proof that someone else submitted. The protocol states:

The Settlement Facility is authorized to accept an affirmative affidavit or statement from a surgeon even if that affidavit was not written for the specific claimant if the affidavit or statement states unequivocally that the surgeon used only Dow Corning products during a defined period and if the Claimant seeking to use the affidavit submits credible medical records demonstrating that she had implantation surgery performed by the same surgeon during the specified time frame.

The Settlement Facility has prepared a list of doctor's statements in which they used Dow Corning breast implants exclusively.

From the SF-DCT: Surgeon Implant Usage

The SF-DCT is developing a list of physicians who have submitted acceptable affidavits or affirmative statements that show they used Dow Corning implants during certain years, in order to assist claimants who have been unable to establish the manufacturer of their implants.

If you submit medical records that show you had implant surgery performed by one of the physicians on this list, during the time frame(s) listed, you may submit these documents to the SF-DCT for consideration.

Medical records that may be considered include operative reports or operative physician notes. The SF-DCT may be able to consider other types of records. If records, other than an operative report or operative physician notes are submitted, we will need a statement from you that describes the steps taken to find the operative report or operative notes. We will also need copies of any records that connect you to the surgeon/physician during the specified time frame. Examples of other records that may identify who your surgeon was include, but are not limited to, cancelled checks, insurance claim letters, and hospital or day surgery admission forms.

The preparation of this list is an ongoing activity and the list can be updated at any time. We therefore recommend that you check frequently for changes. Please note that if conflicting information is found for any listed physician, the physician's name could be removed from the list.

The following are physicians who have submitted acceptable affirmative statements or affidavits that show they used Dow Corning Breast Implants during the time frame listed below.

SURGEON/PHYSICIAN NAMELOCATIONTIME FRAME
Yau, Dr. Victor K.Burlington, NCAll years
Beasley Jr, Dr. Gerald L.Duncan, OKAll years
Braurnam, Dr. DanielWhite Plains, NYAll years
Bueno, Dr. Reuben A.Bethesda, MDAll years
Buffington, Dr. F.C.Norman, OKAll years
Bumagin, Dr. Michael S.Fort Worth, TXAll years
Cipcic, Dr. J.A.Steubenville, OHAll years
Comess, Dr. MortonPhoenix, AZAll years
Craft, Dr. Jerome/Craft Surgical CenterWest Palm Beach, FLAll years
DeProphetis, Dr. NinoWallingford, PAAll years
Dotson, Dr. Daniel A.Graham, TXAll years
Duffy, Dr. Michael M.San Antonio, TXAll years
Fromm, Dr. Harold E.Rapid City, SDAll years
Garcia, Dr. F.A.Denver, COAll years
Gaska, Dr. WalterSpringfield, MOAll years
Gilman HospitalSt. Mary's, GAAll years
Griffiths, Dr. Cadvan O.Los Angeles, CAAll years
Hause, Dr. DwightCorpus Christi, TXAll years
Herman, Dr. StevenNew York, NYAll years
Hilbun, Dr. Glyn R.Pascagoula, MSAll years
Ibrahim, Dr. Kaissar S.Raleigh, NCAll years
Jatoi, Dr. AlimadadBedford, TXAll years
Klein, Dr. DanielBrooklyn, NYAll years
Lindsay, Dr. John F.Fort Worth, TXAll years
Maraist, Dr. Donald J.Jefferson County, TXAll years
McCarty, Dr. Gordon E.Phillips County, ARAll years
Montgomery, Dr. WallyPaducah, KYAll years
Peddy, Dr. Robert B.Lakeland, FLAll years
Pinkner, Dr. Lawrence D.Owings Mills and Westminster, MDAll years
Pullman, Dr. Norman K. Wichita, KSAll years
Robbins, Dr. Lawrence B.Miami, FLAll years
Rogers, Dr. Charles S.Bay City, MIAll years
Shaheen, Dr. Albert H.Utica, NYAll years
Sint Franciscus Gasthuis/Dr. J.M. Ramselaar & Dr. LNA Van AdrichemThe NetherlandsAll years
Stark, Dr. Richard B. New York, NYAll years
Thompson, Dr. R.V.S.Cooma, Pambula, and Tura Beach, NSW Austalia All years
Wilson, Dr. John M. Darlington, SCAll years
Yarn, Dr. CharlesAtlanta, GAAll years
Zeller, Dr. FrankWinter Haven, FLAll years
Zielinski, Dr. VictorSydney, NSW Australia All years

3. 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.

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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