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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 3, No. 6, May 22, 2006



This is the 26th e-newsletter (Vol. 3, No. 6) 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. URGENT REMINDER: JUNE 1, 2006 DEADLINE!!

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).

FEDERAL EXPRESS YOUR CLAIM FORM TO THE SF-DCT NOW TO MEET THE JUNE 1, 2006 DEADLINE!

For claimants who have a Dow Corning breast implant, you need to submit the Rupture Claim Form by June 1, 2006 with supporting proof that the Dow Corning implant has been removed. You do not need to submit your Proof of Manufacturer Form by this date. For those persons who are waiting for product identification from an expert, do not hold up the filing of your Rupture Claim Form or Class 7 (Silicone Gel Claim Form) and miss the deadline. Go ahead and mail the Rupture Claim Form or Class 7 or 9/10 Form now and you can file the product identification form and/or report later.

Remember: if you do not file your claim for Rupture, Class 7 Silicone Gel, or Class 9/10 Other Products by June 1, 2006, then your claim will be permanently denied thereafter (there is a limited exception for Rupture Claims as described in our May 5, 2006 Newsletter). The Class 7 and Class 9/10 Fund will close and no more claims will be accepted after June 1, 2006. Read our May 5, 2006 Newsletter (Vol. 3, No. 5) for more information about the June 1, 2006 deadline!

Because the June 1, 2006 deadline is so close, we recommend that you send the forms via overnight mail, such as Federal Express, U.P.S. or Express Mail via the U.S. Post Office. If you send the form by overnight mail, then the overnight mail must be postmarked on or before June 1, 2006. The street address for the SF-DCT for purposes of sending a Federal Express or other overnight mail is:

SF-DCT
3100 Main Street, Suite 700
Houston, TX 77002

If you send the form by regular mail, then it must be received by June 1, 2006. This weekend is a national holiday in the U.S. (Memorial Day), and the U.S. Post Office is closed on Monday, May 29. We do not recommend using regular U.S. mail at this late date.

2. CLAIM FORMS AVAILABLE FOR DOWNLOAD ON SF-DCT AND CAC WEBSITES

If you need a claim form to submit a claim by the deadline, download a copy from the SF-DCT website at www.sfdct.com or www.dcsettlement.com (click on “DOWNLOADS” and scroll down to the appropriate form that you need to download and print). The CAC also also posted the Class 5 Rupture Form on our website (www.tortcomm.org).

3. MAY 18, 2006 CLAIMS ADMINISTRATOR CORNER POST

Here is what the Claims Administrator posted on the SF-DCT website on Friday, May 18th:

Claims Administrator's Desk
Last Updated: 05/18/2006 @ 2:38 PM

Update on Claims Processing Issues:

The Settlement Facility continues to process new claims, review additional information sent to cure deficiencies and process requests for Error Correction.

As a result of cure deadline extensions, we have received a large number of requests for re-review of information to cure deficiencies. Since the volume of requests may not allow us to review your information as quickly as we would like, please allow at least 120 days for your re-review requests. As a reminder, if your cure deadline had an expiration date earlier than July 16, 2006, the Court has reset the deadline to July 17, 2006. You may read Judge Hood’s Order extending the deadline by clicking on “News Updates”.

Deadlines are approaching:

The Deadline for submission of claim forms for Classes 7, 9, 10.1 and 10.2 remains June 1, 2006. The Deadline for submission of the Classes 5 and 6 Rupture claim forms remains June 1, 2006. Please note that the Plan provides that if you have had your implants removed within 90 days prior to the deadline, you will have an additional 30 days in which to submit your Rupture claim form and supporting documents. This applies only to the Rupture Option offered in Classes 5 and 6 (Dow Corning Breast Implants).

Claim forms are now available on this website. You may click on “downloads” at the bottom of this home page. When the downloads section appears, scroll down under forms to find the appropriate claim form packet in the language desired.

If you are sending your claim forms in by regular U.S. mail, they must be received on or before June 1, 2006 at 5:00 PM CDT. If you are sending your claim forms by certified, registered or overnight service, the postmark is considered the receipt date. For overnight delivery service, the physical address is:

Settlement Facility – Dow Corning Trust
3100 Main Street, Suite 700
Houston, Texas 77002


The Settlement Facility can not accept claim forms which are faxed or scanned. We must have the original signature on file.

David Austern
Claims Administrator

4. SFDCT UPDATES LIST OF APPROVED AFFIRMATIVE STATEMENTS AS OF MAY 18, 2006

The SF-DCT continues to develop a list of physicians who have submitted acceptable affidavits or affirmative statements that show they used Dow Corning implants during certain years 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.

The following list has been updated since we sent it out in our last newsletter.

List of Surgeons Who Have Submitted Acceptable Affidavits or Affirmative Statements As of May 18, 2006
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
Montgomery, Dr. Wally Paducah, KY All Years
Peddy, Dr. Robert B. Lakeland, FL All Years
Phillips, Dr. Curtis Jacksonville, FL 1973-1980
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

5. DOW CORNING FILES MOTION REGARDING DATICON CLAIM RECORDS

Dow Corning filed a motion asking the Court to authorize the destruction of all original Proof of Claim forms and documents sent to Daticon. (A copy of the motion is available on the CAC’s website under Pending Motions.) Daticon served as the claims docketing agent for the Bankruptcy Court in this case from July 1996 to May 2005. It received over 900,000 Proofs of Claims and Notices of Intent forms with supporting documents, which are currently stored in 3,500 boxes at a cost to Dow Corning. Electronic images of all of the documents received were created contemporaneously and were provided to Dow Corning, the Tort Claimants’ Committee, and the Settlement Facility, among others. In January 2006, Daticon filed its own bankruptcy case and sold substantially all of its assets. The sale, however, did not include the purchase of the Dow Corning Claim Records. The Court does not have space to store these records. Since all records will remain available via electronic image, Dow Corning has requested that the Court authorize the destruction of the original copies. The CAC does not oppose this motion.

Comments and/or objections to the motion must be filed with the Court by May 25, 2006. A hearing has been set for June 8, 2006 at 9 a.m.

6. MDL LIEN STATUS

We have had ongoing discussions with the MDL-926 Claims Administrator regarding the status of the MDL liens asserted against some claimants in the Settlement Facility. The MDL 926 agreed that it was not asserting a lien against the $5,000 Explant Payment or the $20,000 Rupture Payment. The SF-DCT has already begun to issue payments on these claims. The MDL 926, however, continues to assert a lien against the disease claim. MDL lien disputes will be submitted to Judge Hood under a process that is yet to be determined. At this time, the only thing you need to do is to indicate to the SF-DCT whether you wish to dispute the lien asserted against your disease claim.

7. CAC SUBMITS COMMENTS ON PENDING Q&A’S ON DISABILITY A TO MDL-926 CLAIMS ADMINISTRATOR

The CAC submitted written comments to the MDL 926 Claims Administrator regarding the proposed Q&A’s regarding Disability A. A copy of the comments is available on the CAC website. We do not know whether other comments were submitted, but we will post these when we receive them.

A hearing on the disputed Disability A definition is scheduled for June 20, 2006 at 2 p.m. in Detriot.

8. COURT ENTERS SCHEDULING ORDER NO. 2 REGARDING CERTAIN DISPUTED LATE CLAIMS

Late Claimants are those persons who did not file either a Proof of Claim or Notice of Intent form in the Dow Corning bankruptcy by August 30, 2004. Scheduling Order No. 2 applies only to those Late Claims listed on the list attached to the Scheduling Order. If your name (or a client’s name) appears on that list, then you do not need to do anything at this time. Dow Corning must file an Objection to late claims by June 20, 2006. After receiving the Objection, then, at that time, you must file the Response to Objection Form (and any legal memorandum) by July 15, 2006. If you are a Late Claimant listed on the Exhibit to Scheduling Order No. 2, you are strongly encouraged to consult with an attorney about your rights and the legal standard of “excusable neglect” in the Federal Rules and supporting case laws. It very likely will not be sufficient to rely only on your original letter to the Court and Response to Objection Form.

9. UPDATES TO CAC WEBSITE

The CAC continues to update our website with various motions, Orders, and other information regarding claims. Please continue to periodically check the website for updates and new documents.

10. 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.



© 2016 Claimants' Advisory Committee. All Rights Reserved.