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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 3, No. 10, December 18, 2006



This is the 30th e-newsletter (Vol. 3, No. 10) 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.



There are a number of matters that we are currently working on and hope to report on soon, including the status of “Conditional NOI claims,” late claims, rupture issues, etc. We will report on these in another newsletter in 1-2 weeks. In the meantime, we wanted to provide you with information concerning the Class 7 payments and the status of the cure deadlines as detailed below.

1. CLASS 7 PAYMENTS AND LETTERS TO BE SENT IN DECEMBER AND JANUARY

The Claimants’ Advisory Committee has been working with the Claims Administrator and Debtor’s Representatives over the past several months on a process to review and pay Class 7 Silicone Gel Claims (i.e., women who had a silicone gel breast implant from either CUI (Cox-Uphoff), Mentor, Bioplasty, Baxter or Bristol that was implanted between 1976 and 1991). Over 54,000 claims were filed for a Class 7 benefit. The Class 7 Fund is a capped fund of $57.5 million NPV.

We are pleased to report that payments and letters are being mailed in December 2006 and January 2007. First, claimants who have an eligible implant, who meet the marshalling requirements, and who elected an Expedited Release claim will receive their award payment of $600 (U.S.) in December 2006. Please note that the payment amount is the same for all claimants in Class 7 regardless of their country of citizenship or residence. Claimants who elected Expedited Release cannot now request that their claim be considered for disease review.

Second, claimants who have an eligible implant, who meet the marshalling requirements, and who elected a Disease claim will receive a check in the amount of $3,000 (U.S.) in December 2006 (i.e., a “Disease Cash-Out Payment”). This is an offer to settle the Disease Claim now for $3,000 (U.S.) and avoid a potential delay of up to 3 years to review the disease claim. The offer of $3,000 is not a guarantee that your disease claim would be approved if it were reviewed. This one-tim eoffer is being made now in lieu of a review of your disease claim in an effort to save administrative expenses which are charged against the capped fund, and if you do not accept it, it will not be made again.

Last, Participating Foreign Gel Claimants (i.e., claimants who have a silicone gel breast implant from Porex, Koken, Silimed, Societe Promotel or Medasil) will receive their award payment of $600 (U.S.) in December 2006.

Claimants who do not receive an award payment now will receive a letter in January 2007 indicating the reason, i.e., they have an ineligible implant or were implanted outside the applicable dates, they received compensation in the MDL 926 or as an opt-out claimant in excess of the payment amounts in Class 7, or the SFDCT has not been able to determine yet the status of the claim and will be reviewing it further.

Here is what was posted on the SFDCT website Home Page on December 15, 2006:

Claims Administrator's Desk
Last Updated: 12/15/2006 @ 8:34 AM

The Settlement Facility – Dow Coring Trust (SF-DCT) has been working to develop a procedure for processing Class 7 (Silicone Material) claim submissions.

To facilitate processing, the Debtor’s Representatives and the Claimants’ Advisory Committee have approved a special cash offer of $3,000 for Silicone Material Claimants who requested a disease review on their claim form, but because of the delay in processing , may choose to accept a one-time payment offer instead of waiting for a disease review. A disease review could take as long as 24 to 36 months.

We will begin to make Expedited Release payments of $600.00 to Silicone Material Claimants by the end of 2006.

The SF-DCT also identified Class 7 Claimants who are ineligible to receive a Class 7 payment based on the amount they received in the MDL-926 Settlement or who did not satisfy the Class 7 marshaling requirement. These Claimants will be sent a notice regarding their ineligibility.

When processing Class 7 claims, SF-DCT will rely on documents in our files as well as the MDL-926 claim processing data. This may require Claimants to submit additional documentation in order to complete their claim reviews.

When processing Class 7 claims, SF-DCT will rely on documents in our files as well as the MDL-926 claim processing data. This may require Claimants to submit additional documentation in order to complete their claim reviews.

2. CURE DEADLINE OF JANUARY 17, 2007

The Claimants’ Advisory Committee has had a number of discussions with the Debtor’s Representatives about the status of the cure deadline extension date of January 17, 2007. A proposed order has not been finalized yet. We are working to finalize this and submit it to the court within the next week.

It is likely that most cure deadlines will be extended for a short period of time and that cure deadlines will become final cure deadlines in 2007. If you have any additional documents to cure your deficiency, you should submit them to the SFDCT. There is no need to re-submit the same documents for consideration because this seriously slows down the processing time.

We are continuing to work with the Claims Administrator on a final document on disease processing guidelines and hope that this will be available in the next 3-4 months, if not sooner.

We will send out an e-newsletter and post an update on the CAC website as soon as we have more definite information about the January 17, 2007 cure deadline date.


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.

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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