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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 5, No. 2, February 21, 2008



This is the 42th e-newsletter (Vol. 5, No. 2) 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. SETTLEMENT FACILITY POSTS DETAILED INFORMATION ON SCLERODERMA CLAIMS IN DISEASE OPTION 1 AND 2

The Settlement Facility posted information on its website (www.sfdct.com or www.dcsettlement.com) to assist claimants with filing a claim for Scleroderma. The information is also available to view and download on the CAC website (www.tortcomm.org) under the tab of “Disease Claims.” Claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for Scleroderma and it was deficient and whose cure deadline has or will run on or before August 17, 2008 will receive a new and final cure deadline of August 18, 2008.

Claimants who have a deficiency on their disease claim can contact Claims Assistance toll free at 1-866-874-6099 and schedule a call with a nurse reviewer.

If you have any questions about the Scleroderma document and claim criteria, please send them to us at: info@tortcomm.org.

The next scheduled release of disease information will be on General Connective Tissue Symptoms (GCTS) on April 1, 2008.


2. SETTLEMENT FACILITY ISSUES $11 MILLION IN PAYMENTS TO CLAIMANTS IN JANUARY 2008

The Settlement Facility issued in excess of $11 million in claims payments during January 2008 bringing the total payout to date to $958,755,435. A summary of claims payments by class and type of benefit made by the SFDCT through January 31, 2008 will be available on the CAC website under the heading “Claims Data.”


3. UPDATE ON PAYMENTS OF “ADDITIONAL” AND “PREMIUM” PAYMENTS TO CLAIMANTS IN CLASSES 9 AND 10 – COVERED OTHER PRODUCTS

As noted in our last e-newsletter of January 23, 2008, the SF-DCT is currently mailing checks for “Additional” and “Premium Payments” to claimants in Classes 9 and 10 (certain covered Dow Corning implants excluding breast implants) who have an approved Medical Condition claim. Payments were temporarily delayed while the SF-DCT addressed computer programming issues for the checks, but this issue has been resolved. The payment grid amounts are listed in our January 23, 2008 e-newsletter which is available on our website (www.tortcomm.org) and is also listed under the tab “Class 9, 10.1 and 10.2”) on our website.

Class 9 and 10 claimants who received a deficiency in their Proof of Manufacturer have until August 1, 2008 to submit documents showing they have a Covered Dow Corning implant. If acceptable proof is not submitted by August 1, 2008, then the claim in Class 9/10 will be permanently excluded from the Dow Corning settlement.


4. SF-DCT UPDATES LIST OF AFFIRMATIVE STATEMENTS FROM PHYSICIANS WHO USED DOW CORNING BREAST IMPLANTS EXCLUSIVELY

The SF-DCT has issued a new update to its list of approved Affirmative Statements from physicians who used Dow Corning breast implants exclusively. The list is available on the CAC’s website (www.tortcomm.org) under the heading “Product Identification.” If you have documentation that you were implanted by one of the physicians on the list during the time frames listed but you do not know the name of the implant manufacturer, then you can rely on the affirmative statement submitted by the physician to establish that the implant was made by Dow Corning.


5. REMINDER TO KEEP YOUR ADDRESS UPDATED WITH THE SF-DCT

It is very important that you keep your address and contact information updated with the Settlement Facility. The Settlement Facility reports that it receives hundreds of letters returned to it as undeliverable because the claimant and/or attorney has moved and failed to give the Settlement Facility a forwarding address. To update your name or address with the SFDCT, write a letter to them with your new contact information.

Law firms that represent claimants who have received a Rupture and/or Disease payment need to make sure to keep an updated address for your clients who are eligible to receive Premium Payments – if and when they are authorized to be paid. Premium Payments will be mailed to the claimant or, if they are represented, to the attorney of record.


6. DISEASE OPTION 1 CLAIMS PROCESSING IS CURRENT

The Settlement Facility reports that it is current in processing Disease Option 1 claims.

There is a significant backlog in processing Disease Option 2 claims. The CAC is continuing to work with the Claims Administrator to bring the claims processing more current.


7. PENDING MOTIONS

There are a number of pending motions before the Court (MDL liens, Disability A, tissue expanders, released claims, etc.). We will update the CAC website with any rulings and orders that we receive. There have been reports that the CAC “settled” the Disability A issue by agreeing that the Disability A standard should be “vocation and self-care.” We have not done this. We have vigorously maintained that the Disability A standard should be applied as it is written in the Plan and as it was applied in Revised Settlement Program for years – i.e., “vocation or self-care.”

The SF-DCT information documents on disease claims (Polymyositis, Dermatomyotis, Mixed Connective Tissue Disease, Overlap Syndrome and Scleroderma) include language that reflects the SF-DCT’s current rule:

  • The Claims Resolution Procedures document defines Disability A as: “Death or total disability resulting from the compensable condition. An individual will be considered totally disabled if she demonstrates a functional capacity adequate to consistently perform none or only a few of the usual duties or activities of vocation or self-care.”

  • The SF-DCT’s current standard for Disability Level A claims requires claimants to submit proof that they are disabled in both vocation and self-care. The CAC has a motion pending before the court on this issue. If you filed a claim for a Level A and did not qualify because of this issue, you may accept a lower payment for a Level B or C disability claim (if you qualify). If the Court rules in favor of the CAC, the SF-DCT will identify claims potentially affected by the ruling, re-review them and notify claimants accordingly.

If you apply for a Disability Level A claim (total disability), you do not need to document any activities of homemaking that are affected (cooking, cleaning, grocery shopping, vacuuming, etc.) unless your vocation is homemaking. If your physician does discuss the effect of your disability on homemaking activities (and you have already documented that you are totally disabled in your primary occupation), then it must state that you can only do the homemaking activities with difficulty. For more information on this issue, we urge you to read the Disability A section of the Scleroderma Informational document available on the CAC website under “Disease Claims.”


8. DEADLINE REMINDERS!

Please mark your calendar with the following claim submission deadlines. Note that different deadlines apply to Notice of Intent (NOI) Claimants and Late Claimants. Please note that most of these deadlines mean that your claim forms and materials must be received by the SF-DCT 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
April 2, 2008 Cure Deadline for certain claimants who previously filed a claim for Polymyositis or Dermatomyositis (consult the SFDCT about your specific cure deadline)
May 1, 2008 Cure Deadline for certain claimants who previously filed a claim for Primary Sjogren’s Syndrome (PSS), Mixed Connective Tissue Disease (MCTD) or Overlap Syndrome (OS) (consult the SF-DCT about your specific cure deadline)
July 21, 2008 LATE CLAIM DEADLINE FOR CLASS 7, THE SILICONE MATERIAL CLAIMANT FUND and LATE CLAIM DEADLINE FOR CLASSES 9 AND 10, COVERED OTHER PRODUCTS FUND. This deadline only applies to Class 7, 9 and 10 Late Claimants listed in the Court’s Order of December 12, 2007.
August 1, 2008 Deadline for Other Product Claimants to submit documents to cure any deficiencies in their Proof of Manufacturer.
August 18, 2008 Cure Deadline for certain claimants who previously filed a claim for Systemic Sclerosis / Scleroderma (consult the SF-DCT about your specific cure deadline)
October 1, 2008 Cure Deadline for certain claimants who previously filed a claim for General Connective Tissue Symptoms (consult the SF-DCT about your specific cure deadline)
October 20, 2008 NOI CLAIMANTS’ Deadline to submit Explant and/or Rupture claims – Classes 5, 6.1 and 6.2 (this deadline only applies to NOI claimants; it does NOT apply to timely filed claimants)
November 1, 2008 Cure Deadline for certain claimants who previously filed a claim for Atypical Neurological Disease Syndrome (ANDS) (consult the SF-DCT about your specific cure deadline)
December 15, 2008 Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)
January 21, 2009 FILING DEADLINE for LATE CLAIMANTS in CLASS 5 AND 6 to submit all claim forms and supporting documents. This deadline only applies to LATE CLAIMANTS in Class 5 and 6.
February 2, 2009 Cure Deadline for certain claimants who previously filed a claim for Atypical Connective Tissue Disease (ACTD) (consult the SF-DCT about your specific cure deadline)
June 2, 2014 Explant Claims submission deadline for timely filed claimants in Classes 5, 6.1 and 6.2 (NOTE: this deadline does NOT apply to NOI claimants or Late Claimants)
June 3, 2019 Disease or Expedited Release Claim submission deadline for all claims in Classes 5, 6.1 and 6.2 (this deadline does NOT apply to Late Claimants)



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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