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

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 5, No. 6, June 27, 2008



This is the 46th e-newsletter (Vol. 5, No. 6) 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. AMENDED ORDER ENTERED EXTENDING CURE DEADLINES FOR CERTAIN CLAIMANTS WITH DEFICIENT ANDS, SLE AND/OR ACTD CLAIMS

The court approved an Amended Agreed Order Mofidying Certain Final Disease Cure Deadlines (Docket #643) that extends the cure deadlines for certain claimants with deficient ANDS, SLE and/or ACTD claims as noted below:

ANDS Claims (Atypical Neurological Disease Syndrome) – claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for ANDS and it was deficient and whose cure deadline has or will run on or before February 1, 2009 must cure the deficiencies in their ANDS claim on or before February 2, 2009.

SLE Claims (Systemic Lupus Erythematosus) – claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for SLE and it was deficient and whose cure deadline has or will run on or before March 11, 2009 must cure the deficiencies in their SLE claim on or before March 12, 2009.

ACTD Claims (Atypical Connective Tissue Disease) – claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for ACTD and it was deficient and whose cure deadline has or will run on or before April 12, 2009 must cure the deficiencies in their claim on or before April 13, 2009.

A copy of the Amended Agreed Order is available on the CAC website (www.tortcomm.org) under the left navigator tab entitled "Court Orders." If you have any questions about your cure deadline date, contact the Settlement Facility toll free at 866-874-6099 or by email at info@sfdct.com. Please include your SID number (the number that appears above the bar code on your mailing labels) in all correspondence with the Settlement Facility.

2. SETTLEMENT FACILITY TO RELEASE ADDITIONAL INFORMATION ON ANDS, SLE AND ACTD CLAIMS

As part of the Amended Agreed Order, the court has extended the following dates for the Settlement Facility to release information and guidelines on ANDS, SLE and ACTD claims:

August 1, 2008 – guidelines on ANDS claims will be disseminated;

September 12 – guidelines on SLE claims will be disseminated; and

October 13, 2008 – guidelines on ACTD claims will be disseminated.

Guidelines on other eligible diseases and conditions such as Scleroderma, General Connective Tissue Symptoms (GCTS), Primary Sjogren’s Syndrome, Mixed Connective Tissue Disease, Overlap Syndrome, Polymyositis and Dermatomyositis are currently available on the CAC website (www.tortcomm.org) under the left navigator tab entitled "Disease Claims."

3. CLAIMS ADMINISTRATOR UPDATE

The Claims Administrator recently provided the following update on the Settlement Facility website:

Claims Administrator's Desk
Last Updated: 06/16/2008 @ 8:59 AM

(1) As a reminder, checks are valid for only 180 days from the date on the check. The SF-DCT will automatically place a stop pay on all checks that are un-cashed after the check expiration date. If you have an un-cashed check that is more than 180 days past the check date, you will need to contact us in order to receive a new check.

(2) Documents that are submitted to the United States District Court are filed and will become public record. This means that anyone may be able to see the information you’ve submitted. Any information you do not want shared with the public should be redacted (removed) from the document prior to sending it in. Before filing, you may want to visit the website of the District Court for more information regarding privacy.

(3) The SF-DCT is pleased to announce that Option 1 Disease processing for Class 5 & 6 is now current. Unfortunately, Option II Disease processing continues to have a significant backlog mainly due to the complexities involved in reviewing these claims. We are continuing our efforts, through training and other methods, to enhance our Option II processing capabilities.

(4) If you have received a disease NOS letter, please remember to submit your documents prior to the cure deadline listed in your letter. Documents received after the applicable cure deadline will not be considered.

(5) Class 7 Proof of Manufacturer will be completed before the end of June 2008 and we will begin processing Class 7 disease claims after that. However, if your claim is approved, we cannot pay you until all Class 7 disease claims are reviewed and the one year deficiency cure deadline has expired. It may take two years or more to complete this process.

(6) It is very important that you keep the SF-DCT informed when you move. Failure to provide us with your new address can delay your claim processing, may cause your benefit check to be returned, or may prevent you from receiving a premium payment.

David Austern


4. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS

As of May 2008, the Settlement Facility has paid $1.018 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 – May 31, 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 $402,030,832.91 $132,959,112.01 N/A $2,616,141.10 $29,322,192.23 $389,997,768.01 N/A N/A $956,926,046..26
Class 6.1 $ 11,974,350.51 $ 3,778,179.80 N/A $ 9,000.00 $ 2,341,592.01 $ 3,256,618.48 N/A N/A $ 21,359,740.80
Class 6.2 $ 469,000.00 $ 56,000.00 $159,000 $ 0.00 $ 39,200.00 $ 171,500.00 N/A N/A $ 894,700.00
Class 6.2: 2 N/A N/A N/A N/A $ 75,600.00 N/A N/A N/A $ 75,600.00
Class 6.2: 3 N/A N/A N/A N/A $ 57,600.00 N/A N/A N/A $ 57,600.00
Class 7 N/A N/A N/A N/A $19,840,220.00 N/A N/A N/A $ 19,840,220.00
Class 9 $ 125,000.00 N/A N/A N/A $ 1,672,145.10 N/A $2,675,000 $13,262,500 $ 17,734.645.10
Class 10.1/2 $ 6,000.00 N/A N/A N/A $ 136,300.00 N/A $ 198,000 $ 933,000 $ 1,273,300.00
Total $414,605,183.42 $136,793,291.81 $159,000 $2,625,141.10 $53,484,849.34 $393,425,886.49 $2,873,000 $14,195,500 $1,018,161,852.16


Cumulative Number of Claims Paid (including NOI claims)
June 1, 2004 – May 31, 2008
CLASS RUPTURE EXPLANT INCREASED
EXPLANT
EXPLANT
ASSISTANCE
PROGRAM
EXPEDITED
RELEASE
DISEASE MEDICAL
CONDITIONS
(CLASS 9/10)
OTHER
PRODUCTS
PREMIUM
TOTAL
Class 5 20,576 26,856 N/A 526 14,817 21,291 N/A N/A 84,066
Class 6.1 1,004 1,275 N/A 3 1,958 338 N/A N/A 4,578
Class 6.2 67 32 53 0 56 36 N/A N/A 244
Class 6.2: 2 N/A N/A N/A N/A 63 N/A N/A N/A 63
Class 6.2: 3 N/A N/A N/A N/A 96 N/A N/A N/A 96
Class 7 N/A N/A N/A N/A 11,793 0 N/A N/A 11,793
Class 9 25 N/A N/A N/A 1,673 N/A 448 467 2,613
Class 10.1/2 2 N/A N/A N/A 228 N/A 59 58 347
Total 21,674 28,163 53 529 30,684 21,665 507 525 103,800


Through May 31, 2008, the SF-DCT has received 75,226 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 61,723 or 82.05% have acceptable proof of at least one Dow Corning breast implant. Of the 61,723 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 20,912 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
MAY 31, 2008
PERCENTAGE OF
CLAIMS APPROVED
CLASS 5 | CLASS 6
TOTAL $$ PAID
IN CATEGORY
THROUGH
MAY 31, 2008
RUPTURE 20,912 71% | 46% $ 407,091,383.42
EXPLANT 27,252 99% | 95% $ 132,291,424.11
EXPLANT ASSISTANCE 525 88% | 50% $ 2,605,141.10
INCREASED EXPLANT (6.2 ONLY) 53 N/A | 92% $ 159,000.00
EXPEDITED RELEASE 16,990 90% | 78% $ 31,836,184.24
DISEASE OPTION 1 21,022 82% | 48% $ 311,472,523.62
DISEASE OPTION 2 643 19% | 7% $ 81,953,362.87
TOTAL 87,397 N/A $ 967,409,019.36


Class 7 – Silicone Gel Material Claims

Approximately 13,571 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 $19 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 2,556 Proof of Manufacturer files pending review (mostly in Class 6.2), and 1,093 Disease claims pending review, mostly in Disease Option 1.

Class 7 – Silicone Gel Material Claims
# Class 7 Forms Filed 54,717
# of claims that are NOT eligible based on POM review 36,730
Foreign Gel Claims Approved & Paid $600 674
Expedited Release Claims Approved & Paid $600 6,299
# of Disease Cash-Out Offers of $3,000 6,598
TOTAL # OF PAYMENTS OR CASH-OUT OFFERS 13,571
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) 11,793
TOTAL AMT PAID as of May 31, 2008 $19,840,220


Update on NOI Claims Review

CLASS 5, 6.1 AND 6.2
  TOTAL FORMS FILED FORMS FILED WITH POM ACCEPTABLE POM APPROVED COMPLETE # CLAIMS PAID TOTAL AMT PAID
RUPTURE 1854 1818 1208 779 1,186 6735 $7,382,800
MEDICALLY CONTRAINDICATED 14 14 11 N/A 8 0 N/A
EXPLANT 1378 1362 1138 969 1,120 911 $4,501,868
INCREASED EXPLANT 111 111 1 N/A N/A 0 N/A
EAP 316 309 244 4 11 4 $20,000
TOTALS 3,674 3,614 2,602 1,752 2,325 1,650 $11,904,668


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.

5. NEW LIST OF DOCTORS WHO HAVE SUBMITTED ACCEPTABLE AFFIDAVITS OR AFFIRMATIVE STATEMENTS OF EXCLUSIVE DOW CORNING IMPLANT USAGE DURING CERTAIN YEARS

The Settlement Facility released a new list on June 24, 2008 of physicians who have submitted acceptable affidavits or affirmative statements of exclusive Dow Corning implant usage during certain years. If you submit medical records that show you had implant surgery performed by one of the physicians on the list during the time frame listed on the chart, then you may submit these documents in support of your Proof of Manufacturer.

The new list of affirmative statements is posted on the CAC website (www.tortcomm.org) under the left navigator tab entitled "Product Identification..".

6. URGENT REMINDER OF DEADLINES IN JULY AND AUGUST 2008

JULY 21, 2008 – This is the deadline for "Eligible Late Claimants" to file a claim for Class 7 (Silicone Gel Claim) or Class 9/10 (Covered Dow Corning Other Products). 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.

AUGUST 1, 2008 – This is the deadline for timely Class 9 and 10 claimants (Covered Dow Corning Other Products) to submit documents to cure their deficiencies in their Proof of Manufacture submissions. If you do not cure your Class 9 or 10 Proof of Manufacturer submission by this date, your claim in Class 9 / 10 will be permanently denied.

AUGUST 18, 2008 - This is the date for certain claimants who previously filed a claim for Systemic Sclerosis (Scleroderma) that was reviewed by the SF-DCT and found deficient and who have a cure deadline of August 17, 2008 or earlier to submit documents to cure the deficiencies in their Systemic Sclerosis (Scleroderma) claims.

7. OTHER 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.
February 2, 2009 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)
March 12, 2009 Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)
April 13, 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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