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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 5, No. 5, May 29, 2008



This is the 45th e-newsletter (Vol. 5, No. 5) 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 PAYMENTS TO CLAIMANTS EXCEEDS $1 BILLION

As of April 2008, the Settlement Facility has paid in excess of $1 billion dollars to claimants in the Dow Corning Settlement Fund. A breakdown of the payments by class and benefit type is listed below:

Cumulative Payments for All Classes (including NOI claims)
June 1, 2004 – April 30, 2008
CLASS RUPTURE EXPLANT INCREASED EXPLANT EXPLANT
ASSISTANCE
PROGRAM
EXPEDITED
RELEASE
DISEASE MEDICAL
CONDITIONS
IN CLASS 9/10
OTHER
PRODUCTS
PREMIUM
PAYMENT
TOTAL
Class 5 $400,026,832.91 $132,333,272.01 N/A $2,591,141.10 $29,212,192.23 $384,743,273.30 N/A N/A $948,906,711.55
Class 6.1 $11,812,350.51 $3,739,179.80 N/A $ 9,000.00 $2,325,992.01 $ 3,130,618.48 N/A N/A $21,017,140.80
Class 6.2 $ 455,000.00 $ 56,000.00 $150,000 $0.00 $ 37,800.00 $168,000.00 N/A N/A $ 866,800.00
Class 6.2: 2 N/A N/A N/A N/A $ 73,200.00 N/A N/A N/A $ 73,200.00
Class 6.2: 3 N/A N/A N/A N/A $ 54,000.00 N/A N/A N/A $ 54,000.00
Class 7 N/A N/A N/A N/A $18,211,820.00 N/A N/A N/A $18,211,820.00
Class 9 $125,000.00 N/A N/A N/A $1,674,145.10 N/A $2,675,000 $13,262,500 $17,736.645.10
Class 10.1/2 $6,000.00 N/A N/A N/A $135,100.00 N/A $ 198,000 $ 933,000 $1,272,100.00
Total $412,425,183.42 $136,128,451.81 $150,000 $2,600,141.10 $51,724,249.34 $388,041,891.78 $2,873,000 $14,195,500 $1,008,138,417.45


Cumulative Number of Claims Paid (including NOI claims)
June 1, 2004 – April 30, 2008
CLASS RUPTURE EXPLANT INCREASED
EXPLANT
EXPLANT
ASSISTANCE
PROGRAM
EXPEDITED
RELEASE
DISEASE MEDICAL
CONDITION
(CLASS 9/10)
OTHER
PRODUCTS
PREMIUM
TOTAL
Class 5 20,406 26,730 N/A 521 14,762 21,038 N/A N/A 83,457
Class 6.1 988 1,262 N/A 3 1,945 327 N/A N/A 4,525
Class 6.2 65 32 50 0 54 35 N/A N/A 236
Class 6.2: 2 N/A N/A N/A N/A 61 N/A N/A N/A 61
Class 6.2: 3 N/A N/A N/A N/A 90 N/A N/A N/A 90
Class 7 N/A N/A N/A N/A 11,082 0 N/A N/A 11,082
Class 9 25 N/A N/A N/A 1,675 N/A 448 467 2,615
Class 10.1/2 2 N/A N/A N/A 226 N/A 59 58 345
Total 21,486 28,024 50 524 29,895 24,400 507 525 102,411

Through APRIL 30, 2008, the SF-DCT has received 75,196 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 61,644 or 81.98% have acceptable proof of at least one Dow Corning breast implant. Of the 61,644 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 20,867 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.

CLASS 5, 6.1 AND 6.2 (EXCLUSIVE OF NOI PAYMENTS)
(DOW CORNING BREAST IMPLANT CLAIMS)
CLAIM CATEGORY NUMBER OF
CLAIMS PAID
THROUGH
APR 30, 2008
PERCENTAGE OF
CLAIMS APPROVED
CLASS 5 | CLASS 6
TOTAL $$ PAID
IN CATEGORY
THROUGH
APR 30, 2008
RUPTURE 20,867 71% | 46% $ 406,321,383.42
EXPLANT 27,186 99% | 95% $ 131,978,374.11
EXPLANT ASSISTANCE 522 90% | 50% $ 2,590,141.10
INCREASED EXPLANT (6.2 ONLY) 50 N/A | 91% $ 150,000.00
EXPEDITED RELEASE 16,912 90% | 75% $ 31,703,184.24
DISEASE OPTION 1 20,771 82% | 48% $ 307,906,028.91
DISEASE OPTION 2 629 19% | 15% $ 80,135,862.87
TOTAL 86,937 N/A $ 960,784,974.65

Class 7 – Silicone Gel Material Claims

Approximately 12,877 claimants in Class 7 – Silicone Gel Material Claims – have been approved for either an Expedited Release Payment ($600) or a Disease Cash-Out Offer ($3,000). Total payments to date from the Class 7 Fund are approximately $18.2 million. The total fund is $57.5 million NPV. As Proof of Manufacturer (POM) claims are approved, the Settlement Facility will send either the Class 7 Expedited Release Payment to eligible claimants who selected this option or a Disease Cash-Out Offer to claimants who selected the disease review.

There are approximately 2,866 Proof of Manufacturer files pending review, and 848 Disease claims pending review, mostly in Disease Option 1. The SF-DCT has begun to review these Disease claims and to notify claimants who have a deficiency in their submission. Claimants with a deficiency will have one year to cure the deficiency. The SF-DCT estimates that it may begin to pay disease claims in Class 7 in 2 years.

Class 7 – Silicone Gel Material Claims
# Class 7 Forms Filed 54,718
# of claims that are NOT eligible based on POM review 31,669
Foreign Gel Claims Approved & Paid $600 663
Expedited Release Claims Approved & Paid $600 6,135
# of Disease Cash-Out Offers of $3,000 6,079
TOTAL # OF PAYMENTS OR CASH-OUT OFFERS 12,877
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) 11,082
TOTAL AMT PAID as of April 30, 2008 $18,211,820


Marshalling: There are a number of pending appeals before the Claims Administrator and Appeals Judge regarding the marshaling requirement for certain Class 7 claimants. No decision has been made on these appeals. We will update you on this as soon as the information is available.

Processing and Payment for Notice of Intent (NOI) or Conditional Claimants

The SF-DCT continues its review of Notice of Intent (NOI) or Conditional Claimants. To date, $10 million has been paid for Rupture and Explant Claims out of a capped $30 million fund (Note: Disease and Expedited Release payments to NOI claimants do NOT count towards the $30 million cap). At this time, the SF-DCT is issuing 100% payment on Explant claims to NOI claimants, and is paying Rupture claimants in two installment payments. The first Rupture payment is $10,000 (Class 5). The amount of the second Rupture installment payment to NOI Claimants will be determined once all claims have been reviewed and the allowable amount can be determined.

Currently, the SF-DCT has approved 684 of 1,083 Rupture claims it has reviewed for NOI claimants, or 63%, and approved 907 of 1,040 Explant claims, or 87%.

BENEFIT TYPE TOTAL FORMS
FILED
# WITH
ACCEPTABLE POM
TOTAL
REVIEWS
COMPLETE
TOTAL
APPROVED
APPROVAL % # OF CLAIMS
PAID
AMOUNT
PAID
Rupture 1,410 1,126 1,083 684 63% 588 $ 5,948,800
Medically Contraindicated 11 10 1 0 0% 0 $ 0.00
Explant 1,235 1,220 1,040 907 87% 824 $ 4,109,210
Explant Assistance 331 324 31 3 10% 2 $ 10,000
Total 2,987 2,431 2,155 1,594 74% 1,414 $10,068,010

Reminder: The deadline for NOI claimants (and NOI claimants only) to file a claim for Explant and/or Rupture is October 20, 2008. We urge NOI claimants to submit their forms and documents for Explant and Rupture as soon as possible.

2. QUESTIONS REGARDING PREMIUM PAYMENTS FOR CLASSES 5 AND 6 DOW CORNING BREAST IMPLANT CLAIMANTS

We continue to receive a number of questions from claimants asking when they may expect to receive their Premium Payment on their approved Rupture and/or Disease claim.

We do not know when they will be approved by the Finance Committee and District Court. Section 7.03(a) of the Settlement Facility Agreement 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 have filed a recommendation to the District Court that Premium Payments for Classes 5 and 6 be paid.

3. JUNE 1, 2008 IS THE 4TH ANNIVERSARY OF THE EFFECTIVE DATE

June 1, 2008 will mark the fourth anniversary of the Effective Date of the Dow Corning Settlement Plan and Trust. The Plan Documents provide that the Trust will accept and pay disease claims submitted on or before the 15th anniversary of the Effective Date, or until June 3, 2019. Please review the Deadline Reminder chart for other deadlines.

Claimants who may have a Disease Option 2 claim should be especially mindful of the “24 month/5 year” requirement that applies to all Disease Option 2 claims. This rule is at Annex A, page A101 and states:

  • A claimant must file with the Claims Office all medical records establishing the required findings or laboratory abnormalities. Qualifying findings must have occurred within a single 24-month period within the 5 years immediately preceding the submission of the claim except that this period is tolled during the pendency of the bankruptcy (May 15, 1995 until the Effective Date). (Findings supplemented in response to a deficiency letter sent by the Claims Office do not have to fall within the 24-month period outlined above.)

Further information on the 24 month/5 year rule is in the Disease Guideline documents posted on the Settlement Facility and CAC websites:

  1. To qualify for GCTS in Disease Option 2, all of your qualifying symptoms must have occurred within 24 months of each other. The Settlement Facility will look at the time frame that allows the claimant to qualify.
  2. If you submit additional medical records to correct a deficiency notice that you receive from the Settlement Facility, then the symptom subject to the deficiency does not have to fall within the same 24 month time frame as the other credited symptoms. Also, new symptoms documented in additional medical records submitted in response to a deficiency notice do not have to fall within the same 24 month time frame as the other credited symptoms.
  3. To qualify for GCTS in Disease Option 2, you must submit your Disease claim to the Settlement Facility (or have submitted it to the MDL 926) within 5 years from the date your qualifying symptoms were documented.
  4. If you submitted your Disease claim form to the MDL 926 as part of either the original global settlement in 1994 or the Revised Settlement Program, then the Settlement Facility will look at either the MDL submission date or the SF-DCT submission date that will allow the claimant to qualify.
  5. The time period that Dow Corning was in bankruptcy (May 15, 1995 to May 31, 2004) will not be used to calculate whether you filed your claim within 5 years of your qualifying symptoms. For example, if your qualifying symptoms were documented on May 1, 1994, then your time period to file a claim runs from that date, May 1, 1994, to May 14, 1995 (the day before Dow Corning filed for bankruptcy. This is a total of 12.5 months. It begins to run again on June 1, 2004, the date the Plan became effective. Your deadline to file a Disease Option 2 claim in this example is 39.5 months from June 1, 2004, or May 15, 2008.
  6. Your qualifying symptoms must have occurred within a single 24 month period within this 5 year period.
  7. If you do not file your claim within the 5 years of the date your qualifying symptoms are documented and your symptoms do not occur within a single 24 month time frame within this 5 year period, then you cannot be paid for a Disease Option 2 claim. You may still be compensated in Disease Option 1 if you otherwise qualify based on your symptoms and disability.

4. JULY 21, 2008 DEADLINE FOR ELIGIBLE LATE CLAIMANTS TO FILE THEIR CLAIM FOR CLASS 7 OR CLASS 9/10

This is a REMINDER to all Eligible Late Claimants (those listed in the Order of December 12, 2007) that the deadline to submit a claim form for Class 7 (certain non-Dow Corning breast implant claims) or Class 9/10 (certain Dow Corning implants other than breast implants) is July 21, 2008. This deadline only applies to Eligible Late Claimants. If you have any questions about whether this deadline applies to you, call the Settlement Facility at its toll free number: 866-874-6099 or contact them by email at: info@sfdct.com.

5. QUALIFIED PERSONS WHO CAN ASSIST YOU WITH IDENTIFYING THE MANUFACTURER OF A REMOVED BREAST IMPLANT

The following persons have expertise in reviewing removed breast implants to determine what company manufactured the implants:

Michael Middleton, Ph.D., M.D.
University of California at San Diego
MRI Institute
410 Dickinson Street
San Diego, CA 92103-8749
Phone: 619-543-6414
Fax: 619-543-3736
Email: msm@ucsd.edu
Paul J. Martin, II
3411 NW 13th Ave
Gainesville, FL 32605
Email: pmart@ufl.edu
Pierre Blais, Ph.D.
Innoval
496 Westminster Avenue
Ottawa, Ontario
CANADA KeA 2V1
Phone: 613-728-8688
Fax: 613-728-0687

6. 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
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 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 3, 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)
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.
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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