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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 3, No. 3, March 31, 2006



This is the 23rd e-newsletter (Vol. 3, No. 3) 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. The call and correspondence volume remains high, and we are working to respond to each inquiry.

Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at info@sfdct.com or you can call them at 866-874-6099.



This newsletter covers only a few of the topics that the CAC continues to work on to resolve. If a topic is not mentioned in here, it means that we do not have anything new to report since the last newsletter in February 2006. We anticipate sending a more detailed newsletter in April.

1. PROPOSED EXTENSION OF CURE DEADLINE SUBMITTED TO THE COURT

As noted in our last newsletter, all cure deadlines that have already run or that will run on or before April 16, 2006 have been reset to April 17, 2006. Dow Corning has agreed with us that the deadlines for curing deficiencies should be further reset to July 17, 2006. A proposed Agreed Order to this effect has been submitted to the Court, but it has not been signed and entered as of the time this newsletter is being prepared. As soon as we learn whether the extension has been approved, we will post this on our website (www.tortcomm.org). Please note that this is NOT an extension of the June 1, 2006 deadline for Rupture, Class 7 and Class 9/10 claims. At this time, all claim forms for rupture of a Dow Corning silicone gel breast implant must be received by the SF-DCT by June 1, 2006. The proposed extension is only for those persons who have received a deficiency in their claim review and whose cure deadline has or will run before July 16, 2006.


2. RUPTURE DEFICIENCES

The Settlement Facility is undertaking its own re-review of previously denied rupture claims that were denied because of “gel bleed” and/or “leakage” to determine if the claim should be approved. This process is ongoing. Until further notice, you may consider waiting to receive a written response from the SF-DCT regarding the outcome of the re-review. When we are informed that the re-review is completed, we will let you know. If you haven’t heard anything by that date and you believe you have evidence of gel bleed and/or leakage, you should request a re-review and/or error correction review.

We are informed by the SF-DCT that if the only reference to the implant’s condition is that there was gel bleed, this alone is not sufficient to document rupture. If there are additional statements in the Operative and/or Pathology Report that support rupture, then the reference to “gel bleed” will not be determinative.

3. CLASS 7 “MARSHALING FORM” AVAILABLE

We reported in the last newsletter that the “Class 7 Marshaling Form” was available; however, soon thereafter a problem with the form emerged and it was not posted. The problem has now been resolved. You can download the form from the SF-DCT website or the CAC website (www.tortcomm.org – click on “Other Downloads”).

4. NEW LIST OF DOCTORS WHO USED DOW CORNING BREAST IMPLANTS IS NOW AVAILABLE

The Settlement Facility has updated the list of doctors who used Dow Corning breast implants and who submitted an affirmative statement about their implant usage. Check the SF-DCT website (www.sfdct.com) for a complete list. If your implanting doctor is on the list and you have some documentation that shows you were implanted by that doctor, then you may “piggy back” off the affirmative statement to document your implant manufacturer.

5. SETTLEMENT FACILITY AND CAC TO REVIEW UNREDACTED DOW CORNING RECORDS FOR DOCUMENTS HELPFUL TO ESTABLISH CLAIMS

The Settlement Facility and CAC recently reviewed unredacted records in Dow Corning’s possession to determine if medical records or other information to support claimants’ claims could be located. The review is still ongoing, but medical records that could support POM and rupture claims were located for a number of claimants. To determine if your records were located, please contact the Claims Assistance Program (CAP) after April 15 at the toll free number: 866-874-6099 and provide your name and what records you are seeking. The SF-DCT will research the inquiry and respond to you. In the meantime, it is important to mail the Proof of Manufacturer and Rupture Claim Forms so that they are received by June 1, 2006 (even if you do not have written proof to submit at that time – you can write on your claim form that you would like the SF-DCT to check for applicable records that may be in Dow Corning’s files).

6. COURT APPROVES ORDERS THAT AFFECT LATE CLAIMANTS

On March 21, 2006, the Court entered three Agreed Orders that affected claims previously classified as late. Copies of the Orders are on the CAC website under “Court Orders.” The CAC and Dow Corning have submitted additional proposed scheduling orders to the Court to address the late claims that are disputed, i.e., that one or more parties have objected to as untimely filed. Late claims are not the same as Notice of Intent claims that remain on hold pending the outcome of the Notice of Intent survey process. If you are or represent a late claimant, please continue to check the CAC website for updates about when the scheduling orders have been finalized and entered by the Court. (Note: Late Claimants refer to claimants who did not file either a Proof of Claim or Notice of Intent form by the applicable deadlines (i.e., January 15, 1997, November 30, 1999 or August 30, 2004. It does not refer to claim forms which are submitted to make a benefit.)

7. CLAIMS PAYMENT UPDATE

From June 1, 2004 (the Effective Date) through February 28, 2006, the Settlement Facility has paid out a total of $532,774,553 million dollars to claimants in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant claimants). The largest group of payments has been to Class 5 (U.S.). The Plan of Reorganization provides that Dow Corning is obligated to pay up to $2.35 billion Net Present Value over 15 years. Pursuant to Court Order, Base Payments are authorized to be paid for approved claims; however, Premium Payments are not authorized at this time.

Listed below are additional data concerning the processing of Class 5 (U.S. Dow Corning Breast Implant claims) through February 28, 2006:

89% approval rate for Proof of Manufacturer
70% approval rate for Rupture claims
12% approval rate for Medically Contraindicated Rupture claims
99% approval rate for Explant claims

Claims for Explant, Rupture and Disease are reviewed only when you first submit and establish that you have a Dow Corning breast implant. To do this, submit the Proof of Manufacturer Form (the one with the blue edge) along with supporting documents.


CLASS 5, 6.1 AND 6.2 ONLY (DOW CORNING BREAST IMPLANT CLAIMS)
Claim Category Number of Claims Paid through February 2006 Total $$ Paid in category through February 2006
Expedited Release 10,414 $ 19,886,775.76
Explant 19,598 $ 96,071,794.89
Explant Assistance 169 $ 650,409.79
Increased Explant (6.2 only) 11 $ 33,000.00
Rupture 13,639 $268,947,897.23
Disease Option 1 8,736 $123,539,711.60
Disease Option 2 221 $ 23,644,963.80
Total 52,788 $532,774,553.20

CLASS 7 (SILICONE GEL MATERIAL CLAIMANTS)
Claim Category Number of Forms Filed Number of POM Claims Reviewed Number of POM Claims Approved Number of Claims Requesting Expedited Release Number of Claims Requesting Disease
Proof of Manufacturer 33,869 5,952 3,128 18,383 16,486

CLASSES 9, 10.1 AND 10.2
(DOW CORNING COVERED OTHER PRODUCTS)
Claim Category Number of Forms Filed Number of POM Claims Reviewed Number of POM Claims Approved Number of Claims for Benefits Reviewed Number of Claims for Benefits Approved
Proof of Manufacturer 4,119 2,988 1,287 N/A N/A
Expedited Release 2,148 1,156 694 N/A 694
Rupture 60 N/A 49 38 7
Inflammatory Foreign Body Resp. 846 N/A 240 186 66
Implant Failure 1,251 N/A 363 293 17
TMJ Enhanced 647 N/A 137 97 3

The largest group of deficiencies in the Other Products Fund is that claimants are not submitting acceptable proof that they have a covered Other Product made by Dow Corning.

8. 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

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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