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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 4, No. 3, May 23, 2007



This is the 33nd e-newsletter (Vol. 4, 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.

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. CURE DEADLINE ISSUES

This is a REMINDER that cure deadlines for all claims are running and have NOT been extended. (A cure deadline is a deadline to fix a deficiency in a claim that you submitted to the Settlement Facility.) If you have any documentation to fix a deficiency in your claim, you need to submit that document BEFORE your cure deadline expires.

Disease Cure Deadlines

Currently, the cure deadline for many disease claims is JUNE 18, 2007 (NOTE: Individual claimants may have received recent NOS letters with cure deadlines after June 18, 2007. If you have any questions about your cure deadline, contact Claims Assistance at info@sfdct.com or toll free at 1-866-874-6099.). We are working on an extension of the disease cure deadline (and only this deadline) and hope to report on something soon. Unless you receive notice that the court has extended your disease cure deadline, you need to submit the documentation necessary to fix the deficiency in your claim before your cure deadline date.

Rupture Cure Deadlines

Many claimants who received a deficiency in their rupture claim have received notice of their final rupture cure deadline. We are informed that many claimants were able to locate the missing operative or pathology report to cure their deficiency. The CAC is continuing to work on deficiencies of "gel bleed" and "not rupture as defined." If you have a rupture claim that was denied based on one of these two issues and have not contacted us, please do so now either by email (info@tortcomm.org) or by fax (419-394-1748). We plan to issue a separate newsletter on this issue in the near future to only those affected rupture claimants/attorneys that we are aware have deficiencies of gel bleed or "not ruptured as defined by the Plan" so it is important that you contact us if you want to receive future notices concerning rupture issues (we are doing this because Dow Corning and its attorneys read our newsletters and have even used them as exhibits in pleadings in court, and we wish to communicate with claimants and counsel in a more secure way). We will continue issuing a general e-newsletter as well so you do not need to re-subscribe to the general newsletter.

Remember to check the CAC website (www.tortcomm.org) for updates and developments and for new orders and documents that we post.

2. CLASS 7 DISEASE CASH-OUT OFFER UPDATE

Approximately 54,420 Class 7 claim forms were submitted to the Settlement Facility. To process all of these claims manually would have taken up to 4 plus years. Instead, the SF-DCT did a computerized "matching" of product ID with the MDL-926 Claims Office records so that payments for Expedited Release and an offer to resolve some disease claims could be made in late 2006 - early 2007.

Expedited Release Payments

Claimants who selected the Expedited Release payment option and whose product ID for CUI, Bioplasty or Mentor was "matched" to MDL-926's records were issued payments in the amount of $600 U.S. in December 2006. Approximately 4,495 claimants received payment for Expedited Release or because they are a Foreign Gel Claimant. Claimants in Class 7 cannot change their election from Expedited Release to Disease after June 1, 2006. Consistent with the Plan, attorney fees may not be collected from the Expedited Release payment; however, certain expenses may be deducted.

Disease Cash-Out Payment Offer

The SF-DCT mailed a $3,000 Disease "Cash-Out" offer to approximately 4,631 claimants in Class 7. NOTE: The letter that accompanied the Disease "Cash-Out" payment offer stated that the offer was valid until March 31, 2007. This is incorrect. The Disease Cash-Out Payment is valid for 180 days after the date on the check. We understand that most checks are dated December 1, 2006.

Claimants who reject the Disease "Cash-Out" Payment offer will be placed in a separate Class 7 line for a disease review. The projected time frame to process disease claims in Class 7 is, at a minimum, 2-3 years. No disease processing for Class 7 claims has begun and is not expected to begin until processing of Class 5 and 6 disease claims is more current.

Claimants Who Are Not Eligible for Class 7

The computerized matching program for product ID in Class 7 resulted in 8,547 claims that were rejected because the product ID did not show that the claimants had an eligible silicone gel breast implant from CUI, Bioplasty or Mentor. If you received this letter in error, the deadline to notify the SF-DCT in writing is JUNE 1, 2007.

Claimants Who Did Not Marshal by June 1, 2006

The Plan requires that claimants marshal their recoveries against certain manufacturers before they may be eligible for benefits in Class 7. This means that claimants who had an implant by Baxter, Bristol or 3M (Note: 3M claimants must also have had another eligible Class 7 implant) must obtain compensation from their implant manufacturer first before they can be considered for Class 7 compensation. For Baxter and Bristol claimants who are still eligible for Long-Term disease benefits in the RSP, their claims in Class 7 have been rejected based on this marshaling requirement. Instead, these claimants must return to the RSP where they have until December 15, 2010 to file a Long Term Disease Option claim (NOTE: For more information on filing a disease claim in the RSP, you can visit the MDL-926 website at: www.claimsoffice-926.com.) Claimants who seek to dispute the determination that they are ineligible for Class 7 have until JUNE 1, 2007 to notify the SF-DCT in writing of their objection.

Approximately 9,513 claimants in Class 7 were sent a letter that their claim was rejected because they had not marshaled.

Claimants Who Received Compensation from the Revised Settlement Program

Approximately 10,606 claimants who submitted a Class 7 claim received a letter from the SF-DCT rejecting their claim because they had received more compensation from the Revised Settlement Program ("RSP") than what they were eligible to receive from the Class 7 Fund. This likely happened because the most a disease claimant in Class 7 could receive is 40% of the disease grid, minus any amounts previously paid to the claimant. For example, the maximum amount a claimant with ACTD Level "C" (20% disability) is eligible to receive in Class 7 is $4,000 (40% of $10,000). If this claimant received the $3,000 explant payment and a $1,000 advance payment from the RSP (for a total of $4,000), then she would not be eligible for any further compensation from Class 7. Claimants who wish to dispute their eligibility must notify the SF-DCT in writing by JUNE 1, 2007.

Remaining Class 7 Claimants

Claimants who did not receive a payment, payment offer or a letter rejecting their Class 7 claim will have their claim placed in line for a manual review of their product ID. If a claimant is found to have eligible product ID for Class 7, then the SF-DCT will send the appropriate letter or payment. There are over 16,000 claimants in this category. New notice letters and payments are being mailed to Class 7 claimants on a quarterly basis.

3. UPDATE ON "NOTICE OF INTENT" OR NOI CLAIMS

The CAC is continuing its negotiations with Dow Corning to resolve the objection DCC filed to "Notice of Intent" or "NOI" claims. Part of the objection has been resolved. Disease claims in Class 5 and 6 are being processed and, if approved, paid. Unfortunately, claims for Explant, Rupture and Expedited Release are still on hold pending the outcome of our negotiations. We had hoped to conclude these negotiations earlier this year, and are still hopeful that we will be able to report something on this soon.

NOI claims in Class 7 (Silicone Gel Claimant Fund) are eligible and are being processed by the SF-DCT, as are NOI claims in Class 9/10 (DCC "Covered" Other Products Fund). If you previously received a letter from the SF-DCT stating that your Class 7 or Class 9/10 claim was ineligible because it was an "NOI" claim, this has now changed. NOI Claimants in Classes 7, 9, 10.1 and 10.2 are now eligible to seek and recover benefits. Contact the SF-DCT now to learn what deadline you have to submit a claim.

4. EXPEDITED RELEASE DEADLINE OF JUNE 1, 2007

The Plan provides that the deadline for Class 5 and 6 claimants to apply for Expedited Release is June 1, 2007. However, the Plan authorizes the Claims Administrator to extend this deadline at his discretion. The Claims Administrator has announced that the deadline has been extended to JUNE 3, 2019 (NOTE: The SF-DCT website states the deadline is June 1, 2019 but the correct date is June 3, 2019.) This deadline is the same deadline for submission of disease claims.

5. AFFIRMATIVE STATEMENT UPDATE FOR DOW CORNING POM (PROOF OF MANUFACTURER)

On April 18, 2007, the SF-DCT issued a new list of eligible Affirmative Statements for Dow Corning implant usage. If you were implanted by one of the doctors on this list during the years listed and can document this, then you can rely on the Affirmative Statement the doctor has already executed to establish that you had a Dow Corning breast implant. This list supercedes any prior list issued by the SF-DCT.

Surgeon/Physician Name Location Time Frame
Adrichem, Dr. LNA Van The Netherlands 1965 - 1991
Agris, Dr. Joseph Houston, TX 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 1966- 1976
Arnold, Dr. J. Harold Greenville, SC 1979
Au, Dr. Victor K. Burlington, NC All years
AZVU Facility Amsterdam
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 1981, 1983
Barton, Dr. Morris Phoenix, AZ 1967- 1975
Beasley Jr, Dr. Gerald L. Duncan, OK All years
Beehan, Dr. Patrick Hamilton
New Zealand
1985 - 1986
Beg, Dr. Saeed Irving, TX 1981, 1983, 1986
Bell, Dr. Gordon Washington, D.C. 1971
Berg, Dr. Elliot M. Baltimore, MD 1964 - 1973
Biggs, Dr. Thomas Houston, TX 1973, 1978, 1980 - 1983
Blake, Dr. Graeme Merivale, Christchurch
New Zealand
1979 - 1980, 1983 - 1984, 1990
Bloomenstein, Dr. Richard Englewood, NJ 1969, 1972
Bowen, Dr. John London
United Kingdom
1974-1979
1982-1988
Broomhead, Dr. I. W. United Kingdom 1977
Brown, Dr. Earl New Zealand 1980
Arends, Dr. Norman J. Eastpointe, MI 1966- 1976
Brucker, Dr. Perry Fort Wayne, IN 1968
Buffington, Dr. F.C. Norman, OK All years
Bumagin, Dr. Michael S. Fort Worth, TX All years
Bussey, Dr. Joseph G. Austell, GA 1970 - 1982
Calcinai, Dr. Colin Wellington, New Zealand 1976, 1981
Caplitz, Dr. I.W. Mukegon County, MI 1968
Carrell, Dr. Jeffrey M. Buffalo, NY 1970's & 1980's
Ceber, Dr. Simon Kew, Victoria Australia 1976
Church, Dr. James Escott New Zealand All Years
Cipcic, Dr. J.A. Steubenville, OH All years
Clarendon, Dr. Colin C.D. Memphis, TN 1972 - 1976
Clayton, Dr. James M. Provo, Utah 1981-1990
Cochran, Dr. Thomas C. Boston, MA 1972, 1978
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 1972-1990
DeProphetis, Dr. Nino Wallingford, PA All years
Dibble, Dr. Wayne R. Haverhill, MA 1980 - 1982
Dotson, Dr. Daniel A. Graham, TX All years
Dubin, Dr. Bruce Newport Beach, CA 1986 - 1989
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
El Sigai, Dr. Ahmed Germany 1988
Elam, Dr. Michael. Newport Beach, CA 1978, 1982-1986
Estima, Dr. Antonio Costa Brazil 1976
Ewalt, Dr. Donald H. El Paso, TX 1967 - 1974
Florman, Dr. Larry D. Louisville, KY 1974 - 1984
Foster, Dr. Lawrence South Lake Tahoe, CA 1970-1974
Fowlow, Dr. W.A. Calgary, Alberta
CANADA
1972-1977, 1981
Frederickson, Dr. Eric Allan Hingham, MA 1970 - 1985
Fromm, Dr. Harold E. Rapid City, SD All years
Gallagher, Dr. Pamela M. Mineola, NY 1980, 1984, 1985
Garcia, Dr. F.A. Denver, CO All years
Garre, Dr. William C. Dallas, TX 1972
Gaska, Dr. Walter Springfield, MO All years
Gaston, Dr. Erskin A. Dallas, TX 1970 - 1979
Gilbert, Dr. Stephen New Zealand 1983 - 1986
Gilman Hospital St. Mary's, GA All years
Given, Dr. Kenna Augusta, GA 1978
Gorman, Dr. John B. Oxnard, CA 1986-1987
Goulian, Dr. Dicran New York, NY 1971 - 1975
Griffiths, Dr. Cadvan O. Los Angeles, CA All years
Habal, Dr. Mutaz Tampa, FL 1983 - 1985
Hackett, Dr. M.E.J. Essex
United Kingdom
1983-1988
Halbert, Dr. David S. Abilene, TX 1975 - 1976
Harris, David L. United Kingdom 1987
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
Hirsche, Dr. Blayne L. Provo, Utah 1982-1990
Hirshowitz, Dr. Bernard Israel 1971 and 1984
Hobby, Dr. J. A. E. Salsibury, United Kingdom 1977, 1988
Howe, Dr. Robert E. Birmingham, AL 1972 -1978
Huttner, Dr. Donald Westminister, CO 1976, 1980, 1981, 1982, 1985
Ibrahim, Dr. Kaissar S. Raleigh, NC All years
Illiescu, Dr. John Reno, Nevda 1974 - 1979
Jackson, Dr. Ian T. United Kingdom 1972 - 1979
Jatoi, Dr. Alimadad Bedford, TX All years
Kauffmann, Dr. Adolph F. Fort Worth, Texas 1970 - 1974
Klein, Dr. Daniel Brooklyn, NY All years
Koire, Dr. Bernard Los Angeles, CA 1968 - 1969
Kruggel, Dr. John San Diego, CA 1968 - 1974
Kunze, Dr. Hans-Henning Germany 1970 - 1979
Lamaker, Dr. J.H. Netherlands 1970 - 1979
Latimer-Sayer, Dr. Edward United Kingdom 1980 - 1984
Liechavicius, Dr. Nelson Brazil 1978
Lindsay, Dr. John Fort Worth, TX 1978-1984
Lovie, Dr. Maxwell J. New Zealand 1968 - 1973
Lu, Dr. Milton M. Lancaster, PA 1971 - 1974
Manchester, Dr. William M. New Zealand All Years
Mansel, Dr. R.E. Wales, United Kingdom 1980 - 1986, 1990
Maraist, Dr. Donald J. Jefferson County, TX All years
Martin, Dr. Fred R. Tulsa, OK 1979 - 1983
Martin, Dr. Mary M. Cincinnati, OH all years
Mauldin, Dr. Howard P. Oklahoma City, OK 1977
McCarty, Dr. Gordon E. Phillips County, AR All years
McCurdy, Dr. William C. Norman, OK 1982 - 1984
McCurdy, Dr. John A. Wailuku, Honolulu, Hi 1983 - 1986
McKeon, Dr. James New Orleans, LA 1973
Mehrotra, Dr. Onka New Zealand All
Miliken, Dr. Thomas New Zealand All years
Millard-Henry Clinic Russellville, AR 1977 - 1980
Mitts, Dr.Thomas F. Fresno, CA 1988-1991
Montgomery, Dr. Wally Paducah, KY All years
Mountfort, Dr. Paul New Zealand 1968-1985
Moyd, Dr. Pickens Hartsville, SC 1975 - 1976
Nichol, Dr. Tom D. Louisville, KY 1974 - 1981
Ozment, Dr. Kerry Little Rock, AR 1970-1975
Pastseavouras, Dr. Louie Gtreensboro, NC 1974-1979
Peddy, Dr. Robert B. Lakeland, FL All years
Pflugbeil, Dr. Ernst Germany 1970 - 1975
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
Quiroz, Dr. Alejandro San Deigo, CA 1991/td>
Ramselaar, Dr. J.M. The Netherlands 1976 - 1991
Rappaport, Dr. Irving Tustin, CA 1970, 1978
Reid, Dr. William Henry Glascow, United Kingdom November 1975 - 1984
Robbins, Dr. Lawrence B. Miami, FL All years
Robertson, Dr. James G. Miami, FL 1967 and 1974 - 1978
Robinson, Dr. O. Gordon Birmingham, Alabama to 12/31/1973
Rogers, Dr. Charles S. Bay City, MI All years
Rossell, Dr. Enrique Guatemala 1975-1978
Rygiel, Dr. Witold Lake Havasu City, AZ 1974- 1985
Schultz, Dr. K.D. Germany 1976, 1979
Schwartz, Dr. Ralph Livonia, MI 1974
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 1965 - 1991
Slater, Dr. Paul Cheyenne, WY 1979
Smith, Dr. Burwell R. Charleston, SC 1977 - 1980
Sommerlad, Dr. Brian C. Essex England 1985
Spira, Dr. Melvin Houston, TX 1972, 1974-1982, 1987-1989
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 Austalia All years
Tombini, Dr. Sergio LaGuna Niguel, CA 1973
Trusler, Dr. H. Marshall Carmel, IN 1975 - 1978
Uebel, Dr. Carlos Porto Alegre Brazil 1986 - 1989
University Of Texas Medical Branch at Galveston Galveston, TX 1969 - 1975
Vincent, Dr. John Robert Memphis, TN 1968 - 1974
Walker, Dr. Peter New Zealand 1985 - 1986
Ward, Dr. Christopher M. London
United Kingdom
1979 - 1985
Weatherly, Dr. Weatherly-White Denver, CO 1968 - 1975
Weiner, Daniel New York, NY 1990 - 1/1/1992
Wilhelmsen, Dr. Hans Baltimore, MD 1970 - 1972, 1974
Wilkinson, Dr. Tolbert S. San Antonio, Texas 1972 - 1973
Williams, Dr. John New Zealand 1972-1979 1990
Williams, Dr. John E. Beverly Hills, CA 1965-1970
Wilson, Dr. H Keith Forbes New Zealand 1972, 1980 - 1984
Wilson, Dr. John M. Darlington, SC All years
Wood, Dr. W. Graham Clarksville, AR 1988
Wood, Dr. W. Graham Newport Beach, CA 1991
Worthern, Dr. Eugene Monroe, LA 1965-1980
Wynn-Williams, Dr. David Nottingham
United Kingdom
1968, 1974, 1976
Yarn, Dr. Charles Atlanta, GA All years
Zahorsky, Dr. Carroll Overland Park, KS 1971
Zeller, Dr. Frank Winter Haven, FL All years
Zielinski, Dr. Victor Sydney
NSW Australia
All years

6. SF-DCT ESTATE CLAIMS AFFIDAVIT AMENDED

In October 2006, the SF-DCT amended the Estate Claims Affirmation and Agreement form that attorneys can use for deceased breast implant clients. The form allows an attorney to certify that he/she has authority to assert, release and receive payment for the decedent's claim without going through probate court or opening a probate estate which often can prove expensive. A copy of the form is on the CAC website (www.tortcomm.org - click on Other Downloads) or on the SF-DCT website (www.sfdct.com). Only attorneys may use the form.

7. CLAIMS PROCESSING AND PAYMENT SUMMARY

Disease Processing Backlogs

We have all been frustrated with the changing wait times for processing of disease claims. Please remember that the estimates for disease claims processing backlogs are fluid and are dependent on various factors such as the number of new disease claims filed each month, the number of requests for re-review and/or error correction on deficient disease claims, and the number of new disease claims reviewed each month by the SF-DCT. We are informed that the filing rate for new disease claims has been decreasing in recent months. As of the end of April 2007, we are informed of the following backlogs in processing of Dow Corning breast implant claims (NOTE: no disease claims are being processed at this time in Class 7):

Disease Option 1: the SF-DCT is processing Disease Option 1 claims filed in February 2006 (15 month backlog). They are working on re-reviews filed in November 2006.

Disease Option 2: the SF-DCT is processing Disease Option 2 claims filed in May 2005 (24 month backlog). At this time, unless there are exigent circumstances for claimants who filed a claim for GCTS, the SF-DCT is not processing these claims. The focus in Disease Option 2 is on processing Scleroderma, Lupus and Polymyositis/Dermatomyositis claims.

Claims Payment Summary

The Settlement Facility has released information about the status of claims processing and payment through APRIL 30, 2007. The information is summarized below.

Through APRIL 30, 2007, the Settlement Facility has received 74,331 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2. Of the 74,331 claims, 59,837 or 80.5% have acceptable proof of a Dow Corning breast implant.

CLASS 5, 6.1 AND 6.2
(DOW CORNING BREAST IMPLANT CLAIMS)
CLAIM CATEGORY # OF CLAIMS PD THRU 4/30/07 % OF CLAIMS APPROVED
CL 5 | CL 6
TOTAL $$ PD IN THRU 4/30/07
RUPTURE 19,669 69% | 42% $384,530,969.11
EXPLANT 26,221 99% | 93% $127,517,247.81
EXPLANT ASSISTANCE 491 89% | 57% $2,439,583.00
INCREASED EXPLANT (CLASS 6.2 ONLY) 31 N/A | 82% $93,000.00
EXPEDITED RELEASE 14,373 89% | 68% $27,118,499.66
DISEASE OPTION 1 16,039 79 % | 72% $236,302,144.59
DISEASE OPTION 2 457 17% | 22% $55,757,957.50
TOTAL 77,281 N/A $833,759,401.60

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 passed through 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 9, 10.1 AND 10.2
DCC "COVERED" OTHER PRODUCTS
CLAIM CATEGORY NUMBER OF FORMS FILED NUMBER OF CLAIMS REVIEWED NUMBER OF CLAIMS APPROVED NUMBER OF CLAIMS FOR BENEFITS REVIEWED NUMBER OF CLAIMS FOR BENEFITS APPROVED PERCENTAGE OF CLAIMS APPROVED
PROOF OF MANUFACTURER 7184 6913 2390 6913 2390 35%
EXPEDITED RELEASE 3916 1385 1385 1385 1385 100%
RUPTURE (Chin and Testicular) 557 112 21 112 21 19%
INFLAMMATORY FOREIGN BODY RESP. (TMJ, finger, wrist, toe, knee & hip) 1684 552 257 552 257 47%
IMPLANT FAILURE (TMJ, finger wrist, toe knee, hip & testicular) 2311 720 82 720 82 11%
TMJ ENHANCED 1270 325 24 325 24 7%

8. UPATE ON MDL LIEN ISSUES

The MDL-926 Claims Office has submitted a "Lien Form" seeking re-payment of some or all of certain Settling Claimants' awards from the SF-DCT. The Lien Judge was disqualified from hearing this matter because of his dual roles with the MDL-926 and the SF-DCT. The Lien Resolution Procedures provides that in the event the Lien Judge is removed because of a conflict of interest, the District Court will hear the lien claims de novo (new). A conference call was held on May 22, 2007 on this issue with the Court and other representative parties. We anticipate an Order and briefing schedule to be issued soon. Any claimant who has a lien asserted against her by the MDL-926 Claims Office should contact the CAC immediately at info@tortcomm.org or at: P.O. Box 665, St. Marys, OH 45885. We will be sending out a separate e-newsletter to only those affected claimants and attorneys on this issue in the near future.

9. QUESTIONS ON TIMING OF PREMIUM PAYMENTS

Many claimants have asked about when "Premium Payments" may be made. 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.

10. UPDATE ON OTHER PENDING MATTERS

Released Claimants - the hearing set on the CAC's Motion for Declaratory Judgment on release claim issues has been postponed while the parties are in discussion to try and resolve the matter.

Expert Rupture Statements - the motion on this issue has been set for July 26, 2007.

Motion to Extend the June 1, 2006 Rupture Deadline - the motion on this issue has been set for July 26, 2007.

Disability "A" motion - the motion has been argued and is pending with the court. DCC has filed a motion to strike certain submissions and arguments of the CAC and plaintiffs' counsel regarding the Disability A motion. A hearing on the motion to strike is set for July 26, 2007.

Tissue Expander Eligibility and the 24 Month/5 Year Disease Option 2 Motions - both motions have been argued and remain pending with the court.

11. 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 Deadline to notify the SF-DCT in writing of any errors, corrections, objections or appeals of the December 1, 2006 Class 7 letter regarding payment or eligibility (NOTE: This deadline applies only to those claimants who received the December 1, 2006 letter.)
June 18, 2007 Cure Deadline for Certain Disease Claims - discussions to extend this deadline are ongoing but claimants and attorneys are urged to comply with the deadline and submit any documentation to support their disease deficiency by this date
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
Expedited Release 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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