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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 3, No. 9, October 26, 2006



This is the 29th e-newsletter (Vol. 3, No. 9) 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 866-874-6099. The Claimants’ Advisory Committee does not have access to individual claimant files to answer these kinds of questions.



1. UPDATE ON CLAIMS PROCESSING AND PAYMENT

The Settlement Facility has released information about the status of claims processing and payment through September 30, 2006. The information is summarized below.

Through September 30, 2006, the Settlement Facility received 70,217 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (these are the classes for Dow Corning breast implant claimants in the U.S. (Class 5) and in other countries (Classes 6.1 and 6.2)). Approximately 62,243 of these are for U.S. claimants. The Settlement Facility has completed reviews on 91% of these claims. Of the 70,217 claims, 54,577 or 85% have acceptable proof of a Dow Corning breast implant.


CLASS 5, 6.1 AND 6.2 (DOW CORNING BREAST IMPLANT CLAIMS)
Claim Category Number of Claims Paid through Sept. 30, 2006 Percentage of Claims Approved Total $$ Paid in category through Sept. 30, 2006
Class 5 Class 6
Expedited Release 12,957 85% 77% $ 24,039,593.86
Explant 23,747 89% 78% $ 116,008,101.94
Explant Assistance 382 61% 35% $ 1,903,483.00
Increased Explant (6.2 only) 17 N/A 62% $ 51,000.00
Rupture 17,301 70% 45% $ 339,944,501.73
Disease Option 1 12,272 64% $ 176,942,782.32
Disease Option 2 332 11% $ 39,103,463.80
Total 67,008 N/A $ 697,992,926.65

Note: The approval percentages for Disease Options 1 and 2 include those claims that were previously approved by the MDL 926 Claims Office and are “pass throughs” in the Settlement Facility (i.e., the claimant had an implant from Bristol, Baxter or 3M and a breast implant from Dow Corning and has applied to receive 50% of her disease award in the Dow Corning case). As a result, the percentage of approved disease claims processed by the Settlement Facility is actually lower.


CLASS 7 (SILICONE GEL MATERIAL CLAIMANTS)
Claim Category Number of Forms Filed Number of Claims Requesting Expedited Release Number of Claims Requesting Disease
Proof of Manufacturer 54,241 25,171 25,345

The Settlement Facility is working to identify those claimants that are eligible for Class 7 based on their Proof of Manufacturer documentation and information about prior settlements or compensation received through the Revised Settlement Program. The Settlement Facility will begin sending letters and payments to claimants who selected Expedited Release later this year. We do not know what the exact amount of the payment will be at this time. We will keep you posted on developments.


CLASS 9 (does not include data for Class 10.1/10/2)
(U.S. 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 Percentage of Claims Approved
Proof of Manufacturer 5,171 4,148 1,658 N/A N/A N/A
Expedited Release 2,946 2,185 1,029 N/A N/A N/A
Rupture (Chin and testicular) 406 Not Available 75 67 13 19%
Inflammatory Foreign Body Resp. (TMJ, finger, wrist, toe, knee & hip) 1,262 Not Available 385 314 111 35%
Implant Failure (TMJ, finger, wrist, toe, knee, hip & testicular) 1,756 523 40 433 N/A 9%
TMJ Enhanced 963 213 9 200 9 5%

The Settlement Facility is currently issuing payments for approved Expedited Release and Medical Condition claims. In a Claims Administrator’s note posted on the Settlement Facility website on October 10, 2006, it states that, “Pursuant to Annex A, Section 6.03 (i) (iii), regarding administrative costs for processing Classes 9 and 10, the Claims Administrator has determined that in order to avoid unnecessary administrative costs, Claimants who have approved claims in these classes will be paid quarterly beginning in the December 2006 payment cycle.”

2. NEW AFFIRMATIVE STATEMENT LIST FOR PROOF OF DOW CORNING BREAST IMPLANT – UPDATED SEPTEMBER 2006

The Settlement Facility recently provided an updated list of names of doctors who executed an “affirmative statement” about their implant usage and indicated that they used only Dow Corning breast implants during the years designated in the right hand column. The list is current through September 2006. If your doctor’s name appears on this list and you can demonstrate you were implanted by that doctor during the time period in question, then you may be able to rely on the affirmative statement the doctor submitted for another claimant to “piggy back” off it and have your product ID accepted.


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
Allen, Dr. Thomas Little Rock, AR 1970-1979
Altaney, Dr. Franklin Charlotte, NC 1972
Anders, Dr. Christopher Woking, Surrey United Kingdom 1977
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
Baker, Dr. Thomas J. Miami, FL 11/1963-1970, 1972-1980
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
Comess, Dr. Morton Phoenix, AZ All Years
Constanza, Dr. Landelino Guatemala 1977
Corbin, Dr. Frederic H. Brea, CA 1984-1990
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
Dyer, Dr. Peggy Baton Rouge, LA 1975-1980
Easterly, James Winter Park, FL All Years
Elam, Dr. Michael Newport Beach, CA 1978, 1982-1986
Foster, Dr. Lawrence South Lake Tahoe, CA 1970-1974
Fowlow, Dr. W.A. Calgary, Alberta CANADA 1972-1977, 1981
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
Given, Dr. Kenna Augusta, GA 1978
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
Heycock, Dr. M.H. United Kingdom 1974-1979
Hilbun, Dr. Glyn R. Pascagoula, MS All Years
Hobby, Dr. J. A. E. Salsibury, United Kingdom 1977, 1988
Huttner, Dr. Donald Westminister, CO 1976, 1980, 1981, 1982, 1985
Ibrahim, Dr. Kaissar S. Raleigh, NC All Years
Jackson, Dr. Ian T. United Kingdom 1974-1979
Jatoi, Dr. Alimadad Bedford, TX All Years
Klein, Dr. Daniel Brooklyn, NY All Years
Koire, Dr. Bernard Los Angeles, CA 1968-1969
Kruggel, Dr. John San Diego, CA 1968-1974
Lamaker, Dr. J.H. Netherlands 1970-1979
Liechavicius, Dr. Nelson Brazil 1978
Lindsay, Dr. John Fort Worth, TX 1978-1984
Lovie, Dr. Maxwell J. New Zealand 1968-1973
Manchester, Dr. William M. New Zealand All Years
Mansel, Dr. R.E. Wales, United Kingdom 1982, 1986, 1990
Maraist, Dr. Donald J. Jefferson County, TX All Years
McCarty, Dr. Gordon E. Phillips County, AR All Years
McCurdy, Dr. John A. Wailuku, Honolulu, Hi 1983-1986
Mehrotra, Dr. Onka New Zealand All Years
Montgomery, Dr. Wally Paducah, KY All Years
Mountfort, Dr. Paul New Zealand 1968-1985
Ozment, Dr. Kerry Little Rock, AR 1970-1975
Pastseavouras, Dr. Louie Greensboro, NC 1974-1979
Peddy, Dr. Robert B. Lakeland, FL All Years
Phillips, Dr. Curtis Jacksonville, FL 1973 - 1980
Pilnet, Dr. Frank St. Paul, MN 1973-1975
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
Reid, Dr. William Henry Glascow, United Kingdom November 1975 - 1984
Robbins, Dr. Lawrence B. Miami, FL All Years
Robinson, Dr. O. Gordon Birmingham, Alabama to 12/31/1973
Rogers, Dr. Charles S. Bay City, MI All Years
Schultz, Dr. K.D. Germany 1976, 1979
Shaheen, Dr. Albert H. Utica, NY All Years
Sherman, Dr. Stanley Aventura, FL 1975, 1985-1986
Simon, Dr. Duncan New Zealand 1972-1987
Simpson, Dr. John Wellington, New Zealand 1989-1991
Sint Franciscus Gasthuis (facility) The Netherlands All Years
Slater, Dr. Paul Cheyenne, WY 1979
St. Antonius Hospital Amsterdam, Netherlands 1976, 1979, 1980, 1983, 1984
Stark, Dr. Richard B. New York, NY All Years
Steen, Dr. Alan St. Helena, CA 1970-1974
Steen, Dr. Alan M. St. Helena, California 1970-1974
Stillwell, Dr. James Tacoma, WA 1977
Terino, Dr. Edward Thosand Oaks, CA 1970
Thompson, Dr. R.V.S. Cooma, Pambula, and Tura Beach, NSW Australia All Years
Trusler, Dr. H. Marshall Carmel, IN 1975-1978
Wagner, Dr. Kurt Boca Raton, Florida 1966 - 1/1/1972
Weiner, Daniel New York, NY 1990-January 1992
Wilkinson, Dr. Tolbert S. San Antonio, Texas 1972-1973
Williams, Dr. John Williams, Dr. John 1972-1979; 1990
Williams, Dr. John E. Beverly Hills, CA 1965-1970
Wilson, Dr. John M. Darlington, SC All Years
Worthern, Dr. Eugene Monroe, LA 1965-1981
Yarn, Dr. Charles Atlanta, GA All Years
Zeller, Dr. Frank Winter Haven, FL All Years
Zielinski, Dr. Victor Sydney, NSW Australia All Years

3. NEW MOTION FILED REGARDING THE CAC’S MOTION ON DISABILITY LEVEL A CLAIMS

The following motion was recently filed with the Court: Dow Corning Motion to Strike Certain Submissions and Arguments of the CAC and Plaintiffs’ Counsel From The Record In Connection With The Disability Level A Proceedings – Dow Corning filed a motion seeking to strike certain documents submitted by the CAC and other plaintiffs’ counsel regarding the Disability Level A dispute. The CAC filed a Response to the Motion on October 24, 2006 noting that Dow Corning’s motion was untimely and procedurally deficient since it sought to strike documents that are not “pleadings” within the definition of Federal Rule of Civil Procedure 12(f). Also, the CAC pointed out that Dow Corning’s motion was really an attempt to reargue the Disability A issue even though the pleadings and hearing on this matter are now closed.

A copy of these documents are or will soon be on the CAC website (www.tortcomm.org) under the heading “Pending Motions.”


4. DISPUTED LATE CLAIM PLEADINGS

Group 1 Late Claims (late claim requests received by September 30, 2005)

The first round of Objections and Replies regarding disputed late claimants in Group 1 was filed in August 2006. The CAC filed a Reply seeking the court’s allowance of certain late claims that were initially filed in the MDL 926 global proceedings but were not technically filed in the bankruptcy case. A copy of the CAC’s Omnibus Reply is on the CAC website under “Late Claims.” The current status is that a Scheduling Order for this group of claims is pending with the Court and will be entered soon. This means that claimants in Group 1 will need to identify witness and exhibit lists and prepare for a hearing on their late claim request.

Group 2 (late claim requests received from October 2005 through February 24, 2006)

Scheduling Orders for the second group of late claimants, i.e., late claim requests sent to the court from October 2005 through February 24, 2006, have been entered. Both Dow Corning and the CAC have filed separate documents outlining their respective positions concerning these late claims (copies of the pleadings are or soon will be on the CAC website under “Late Claims”). Late claimants in Group 2 must file a Response Form and pleading in response to the Objections on or by November 10, 2006. A copy of the Response Form is available to download on the CAC website under “Late Claims.” Only those claimants specifically identified in Group 2 need to respond to this deadline.

Group 3 (late claim requests received from February 25, 2006 through May 30, 2006)

The third group of late claim requests, i.e., late claim requests sent to the court from February 25, 2006 through May 30, 2006, are in the process of having a late claim file opened by the court and claimants will soon be notified of what they need to do.

Late Claim Orders

The Court recently entered two Orders dismissing certain late claims either 1) because the claimant did not respond or submit anything further to pursue her late claim request or 2) the late claimant had an implant that was ineligible for settlement benefits or an implant that was eligible for Class 7 but, because of the marshalling provisions, it was highly unlikely that she would have received any compensation. Copies of these orders are available on the CAC website under “Late Claims” or under “Court Orders.”

NOTE: Late claims are NOT the same as “NOI claims.” Late claims are persons who did not file a Proof of Claim or Notice of Intent Form in the bankruptcy case on or before August 30, 2004. “NOI Claims” are those persons who DID file a Notice of Intent form before August 30, 2004, but Dow Corning has filed an objection stating that these claims should not be eligible for explant, rupture or expedited release. The CAC is continuing to work to resolve this issue with Dow Corning. We will have an update on this issue soon.


5. PREMIUM PAYMENTS

Claimants and attorneys have asked, “When will Premium Payments be made? and why aren’t Premium Payments being made right now?” Premium Payments are defined in the Plan Documents as, “that portion of a Disease or Rupture Payment for Breast Implant Claimants or Medical Condition Payment for Covered Other Product Claimants designated as a Premium Payment on the Settlement Grid. A Premium Payment shall be a Second Priority Payment.” Claims Resolution Procedures at § 1.05. Basically, a Premium Payment is an additional payment of up to 20% of the Disease and Rupture awards that may be paid to claimants in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claimants) or up to 20% of the approved Medical Condition claim for Covered Other Products (Classes 9 and 10).

The Plan Documents provide guidance on the process for allowing these types of claims to be paid. Section 7.03(a) of the SFA provides that the Finance Committee initiates the process for paying Premium Payments by filing a recommendation and motion with the District Court requesting authorization. To assist the Finance Committee, the Plan provides that an “Independent Assessor” shall be appointed to oversee and make recommendations concerning the development of projected funding requirements and the assessment of the availability or adequacy of assets. The Finance Committee’s recommendation and motion must be accompanied by a detailed accounting of the status of claim payments and distributions under both the Settlement and Litigation Facilities. Thereafter, the parties (Debtor’s Representatives and CAC) have an opportunity to be heard on the matter. Section 7.03(a) further provides that before Premium Payments may be allowed, the court must determine that all Allowed and allowable First Priority Claims and all Allowed and allowable Litigation Payments have been paid or that adequate provision has been made to assure such payment (along with administrative costs) based on the available assets.

At this time, neither the Independent Assessor nor the Finance Committee has made any decisions regarding the payment of Premium Payments. A decision on this issue is not expected this year. It is important to remember that the CAC cannot request that the court order Premium Payments to be made; only the Finance Committee has this authority under the Plan.

Claimants who may be eligible for a Premium Payment (i.e., those claimants with an approved Rupture and/or approved Disease claim in Class 5/6) keep their contact information current with the Settlement Facility.

IF YOU MOVE OR CHANGE YOUR NAME / ADDRESS, PLEASE NOTIFY YOUR ATTORNEY (IF YOU ARE REPRESENTED) OR THE SETTLEMENT FACILITY DIRECTLY (FOR THOSE CLAIMANTS WHO ARE NOT REPRESENTED). IT IS VERY IMPORTANT THAT YOU KEEP YOUR INFORMATION CURRENT.


6. CLAIMANT INFORMATION MEETING IN ENGLAND

The Claims Administrator has scheduled a claimant and attorney informational meeting in Manchester, England for NOVEMBER 1, 2006. Melissa Ferrari, the foreign claimant liaison attorney to the CAC (who resides in Germany) will attend on behalf of the CAC. Information about the meeting is available on the Settlement Facility website at www.tortcomm.org. Foreign claim issues may be directed to Melissa at: mferrari@ferrari-law.com.

7. 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.

Deadline Date Type of Deadline
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 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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