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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 3, No. 5, May 5, 2006



This is the 25th e-newsletter (Vol. 3, No. 5) 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.

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.



1. REMINDER: JUNE 1, 2006 DEADLINE FOR RUPTURE, CLASS 7 AND CLASS 9, 10.1 AND 10.2 CLAIMANTS

The deadline of June 1, 2006 is fast approaching to submit a claim form and documents for Rupture (Dow Corning Breast Implant Claimants only in Classes 5, 6.1 and 6.2), for a Silicone Gel claim (non-Dow Corning silicone gel breast implants in Class 7) or for the “Covered Other Products Fund” (Classes 9, 10.1 and 10.2).

MAIL YOUR CLAIM FORM BY THE DEADLINE!

If you mail your claim form and supporting medical records by a delivery service such as Federal Express, UPS, DHL, etc., or by U.S. certified or registered mail, then the letter can be postmarked or dated on or before June 1, 2006. This means that you can mail your forms on June 1, 2006 as long as you use one of these services. You cannot mail it on June 1, 2006 if you use regular U.S. mail.

If you mail your claim form and supporting medical records by regular U.S. mail or by using a national mail service in the country in which you reside, then the claim forms must be received by the SF-DCT in Houston, Texas by June 1, 2006 at 5 p.m. Central Time. Because no one can control the delivery of the U.S. mail, you may want to consider using an overnight delivery service as noted above.

IF YOUR DOW CORNING BREAST IMPLANTS ARE REMOVED AFTER MARCH 3, 2006 AND BEFORE MAY 31, 2006, YOU HAVE AN ADDITIONAL 30 DAYS TO SUBMIT YOUR RUPTURE CLAIM FORM AND MEDICAL RECORDS

If your Dow Corning implants were removed anytime on or after March 3, 2006 through May 31, 2006, then you have an additional 30 days after the June 1, 2006 deadline to submit your Rupture claim form and supporting documents. In other words – and only if your implants were removed during this narrow time frame -- you have until July 5, 2006 to submit your Rupture Claim Form.

2. RUPTURE DEADLINE ISSUES

Rupture benefits are available to women who’ve had their Dow Corning silicone gel breast implant removed and the lumen containing the silicone gel has torn or has some other opening. Rupture benefits are not available for the rupture of a breast implant that is either saline only or is made by a company other than Dow Corning.

WHAT TO DO IF YOUR DOW CORNING BREAST IMPLANTS HAVE NOT BEEN REMOVED YET

Contact the Explant Assistance Program at the Settlement Facility and inform them that you want to have your Dow Corning breast implants removed and are having difficulty locating a doctor to do the surgery who will do the surgery by June 1, 2006. You might also consider submitting the Rupture Claim Form by the June 1, 2006 deadline and write on it that you want to be explanted through the Explant Assistance Program but cannot locate a doctor who will do the surgery. The Claims Administrator has indicated that if you do this, he will accept Rupture claim submissions even though the implant has not been removed by June 1, 2006. You must, of course, have the implants removed and the supporting records submitted within a reasonable time thereafter.

If you have a claim for rupture, you must submit it now! If you find out that your implants are ruptured after June 1, 2006, you will not be eligible for rupture benefits. This is your last and final opportunity to apply for the Rupture compensation!

If you have a serious, chronic medical condition that prevents you from having the explant surgery, you may qualify for the “Medically Contraindicated Exception” for Rupture. Read Question 6 on the Rupture Claim Form and Section 7 in the Claimant Information Guide for more information.

3. REMINDER: CURE DEADLINE IS JULY 17, 2006

If your cure deadline has either previously expired or will expire on or before July 16, 2006, then the Court has extended the cure deadline to July 17, 2006. Please note that the cure deadline is not the same thing as the deadline to file a claim for Rupture or Class 7 or 9/10 benefits. The cure deadline is only for claimants whose claim has been reviewed and was determined to be deficient.

4. NEW E-MAIL ADDRESS FOR MDL 926 CLAIMS OFFICE

The MDL 926 Claims Office informed us that they recently changed their email address. The new address is: claimsoffice926@aol.com. You can use this email address for questions regarding your claim in the Revised Settlement Program. The website for the MDL 926 Claims Office is www.claimsoffice-926.com.

5. CAC FILES MOTION CHALLENGING THE VALIDITY OF THE “RECEIPT AND RELEASE” DOCUMENT THAT DOW CORNING USED FROM 1992 – 1995 IN THE REMOVAL ASSISTANCE PROGRAM (OR IN CONNECTION WITH OR IN REASONABLE RELIANCE ON THAT PROGRAM)

The CAC filed a motion seeking a Declaratory Judgment that the “Receipt and Release” document used by Dow Corning from 1992 – 1995 as part of its Removal Assistance Program (or in reasonable reliance thereon) is legally invalid. A copy of the motion and exhibits are on the CAC website under “Pending Motions.” If you believe that your release situation is covered by the CAC’s motion, then you should notify the Settlement Facility of this, and also let the CAC know as well (if you have not already done so). You can send us an email at info@tortcomm.org or you can send us a short note by regular mail at: Claimants’ Advisory Committee, P.O. Box 665, St. Marys, OH 45885.

Dow Corning’s Response brief is due May 12.

6. NEW LIST OF DOCTORS WHO USED DOW CORNING BREAST IMPLANTS EXCLUSIVELY

Listed below is the most recent list obtained from the SF-DCT of doctors who have submitted acceptable affidavits or Affirmative Statements regarding their use of Dow Corning breast implants:

List of Surgeons Who Have Submitted Acceptable Affidavits or Affirmative Statements for Dow Corning Usage
Surgeon/Physician Name Location Time Frame
Adrichem, Dr. LNA Van The Netherlands All Years
Agris, Dr. Joseph Houston, Texas 1982
Allen, Dr. John Little Rock, AR 1974-1978
Altaney, Dr. Franklin Charlotte, NC 1972
Anders, Dr. Christopher Woking, Surrey United Kingdom 1977
Andrews, Dr. Mark V. Beverly Hills, CA 1985
Apostolis, Dr. Charles G. Port Elizabeth South Africa All Years
Arends, Dr. Norman J. Eastpointe, MI 1972
Arnold, Dr. J. Harold Greenville, SC 1979
Au, Dr. Victor K. Burlington, NC All Years
AZVU Facility Amsterdam The Netherlands 1978
Bailey, Dr. Bruce Aylesbury, Bucks United Kingdom All Years
Banfield, Dr. Ernest Tacoma, WA 1977
Bartlett, Dr. Sylvan Odessa, TX 1983
Barton, Dr. Morris Phoenix, AZ 1967-1970 & 1972
Beasley, Jr., Dr. Gerald L. Duncan, OK All Years
Beehan, Dr. Patrick Hamilton New Zealand 1985-1986
Beg, Dr. Saeed Irving, TX 1981 & 1983
Bell, Dr. Gordon Washington, DC 1971
Berg, Dr. Elliot M. Baltimore, MD 1964-1973
Biggs, Dr. Thomas Houston, TX 1980-1983
Blake, Dr. Graeme Merivale, Christchurch New Zealand 1979-1980; 1983-1984; 1990
Bloomenstein, Dr. Richard Englewood, NJ 1969
Bowen, Dr. John London United Kingdom 1979, 1982, 1984, 1989
Brucker, Dr. Perry Fort Wayne, IN 1968
Bueno, Dr. Reuben A. Bethesda, MD All Years
Buffington, Dr. F.C. Norman, OK All Years
Bumagin, Dr. Michael S. Fort Worth, TX All Years
Calcinai, Dr. Colin Wellington, New Zealand 1976, 1981, 1987
Caplitz, Dr. I.W. Muskegon County, MI 1968
Carrell, Dr. Jeffrey M. Buffalo, NY 1970’s & 1980’s
Ceber, Dr. Simon Kew, Victoria Australia 1976
Cipcic, Dr. J.A. Steubenville, OH All Years
Craft, Dr. Jerome Craft Surgical Center West Palm Beach, FL All Years
DeProphetis, Dr. Nino Wallingford, PA All Years
Dotson, Dr. Daniel A. Graham, TX All Years
Duckett, Dr. James Oklahoma City, OK 1966-1971
Duffy, Dr. Michael M. San Antonio, TX All Years
Fromm, Dr. Harold E. Rapid City, SD All Years
Garcia, Dr. F. A. Denver, CO All Years
Gaska, Dr. Walter Springfield, MO All Years
Gilman Hospital St. Mary’s, GA All Years
Griffiths, Dr. Cadvan O. Los Angeles, CA All Years
Hause, Dr. Dwight Corpus Christi, TX All Years
Herman, Dr. Steven New York, NY Prior to 1981
Hilbun, Dr. Glyn R. Pascagoula, MS All Years
Ibrahim, Dr. Kaissar S. Raleigh, NC All Years
Jatoi, Dr. Alimadad Bedford, TX All Years
Klein, Dr. Daniel Brooklyn, NY All Years
Koire, Dr. Bernard Los Angeles, CA 1968-1969
Lindsay, Dr. John Fort Worth, TX 1978-1984
Maraist, Dr. Donald J. Jefferson County, TX All Years
McCarty, Dr. Gordon E. Phillips County, AR All Years
Phillips County, AR Paducah, KY 1973-1980
Peddy, Dr. Robert B. Lakeland, FL All Years
Phillips, Dr. Curtis Jacksonville, FL All Years
Pinkner, Dr. Lawrence D. Owings Mills and Westminster, MD All Years
Pullman, Dr. Norman K. Wichita, KS All Years
Ramselaar, Dr. J. M. The Netherlands All Years
Robbins, Dr. Lawrence B. Miami, FL All Years
Rogers, Dr. Charles S. Bay City, MI All Years
Shaheen, Dr. Albert H. Utica, NY All Years
Sint Franciscus Gasthuis (facility) The Netherlands All Years
Stark, Dr. Richard B. New York, NY All Years
Stillwell, Dr. James Tacoma, WA 1977
Thompson, Dr. R.V.S. Cooma, Pambula, and Tura Beach, NSW Australia All Years
Weiner, Daniel New York, NY 1990-January 1992
Wilson, Dr. John M. Darlington, SC All Years
Yarn, Dr. Charles Atlanta, GA All Years
Zeller, Dr. Frank Winter Haven, FL All Years
Zielinski, Dr. Victor Sydney, NSW Australia All Years

7. MDL 926 PROPOSED Q&A’S ARE AVAILABLE FOR COMMENT TO THE MDL 926 CLAIMS ADMINISTRATOR

The MDL 926 Claims Administrator recently posted the following proposed Q&A’s regarding Disability A claims in the Revised Settlement Program. If you have any comments regarding these, submit them in writing no later than May 10, 2006 to:

Jean M. Eliason
Claims Administrator
MDL 926 Claims Office
P.O. Box 56666
Houston, TX 77256

Comments must be received by May 10, 2006. The email address for the MDL 926 Claims Office is: claimsoffice926@aol.com

Oral argument on the pending Disability “A” dispute in the Dow Corning case has been re-set for June 20, 2006 in Detroit.





8. CLAIMS PAYMENT UPDATE

From June 1, 2004 (the Effective Date) through March 31, 2006, the Settlement Facility has paid out a total of $565,726,104.09 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 March 31, 2006.

89% approval rate for Proof of Manufacturer
71% approval rate for Rupture claims
11% approval rate for Medically Contraindicated Rupture claims
99% approval rate for Explant claims
88% approval for Expedited Release 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 10,775 $ 20,566,709.08
Explant 20,537 $ 100,576,991.56
Explant Assistance 196 $ 748,409.79
Increased Explant (6.2 only) 13 $ 39,000.00
Rupture 14,366 $282,942,413.62
Disease Option 1 9,478 $134,747,616.20
Disease Option 2 237 $ 26,104,963.80
Total 52,788 $565,726,104.09

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 36,242 5,947 3,126 19,011 14,623

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 4,287 3,074 1,318 N/A N/A
Expedited Release 2,274 1,207 725 N/A 725
Rupture 289 N/A 47 44 7
Inflammatory Foreign Body Resp. 889 N/A 249 214 75
Implant Failure 1,317 N/A 375 327 23
TMJ Enhanced 674 N/A 137 138 6

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.

9. 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


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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