CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 5, No. 15, December 23, 2008

 

Sybil Niden Goldrich

Ernest Hornsby, Esq.

Dianna Pendleton-Dominguez, Esq.

 

 

This is the 54th e-newsletter (Vol. 5, No. 15) 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, click here. 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. CLAIMANTS WHO SUBMITTED A DISEASE CLAIM IN THE ORIGINAL GLOBAL SETTLEMENT BUT WHO HAVE NOT SUBMITTED A DISEASE CLAIM IN THE DOW CORNING SETTLEMENT

 

The Settlement Facility recently mailed letters to a certain group of claimants in the Dow Corning case. The CAC has received a number of phone calls and emails concerning this mailing, and we want to clarify what this mailing was about.

 

The mailing went to a group of approximately 5,600 claimants who submitted acceptable proof (or have a minor deficiency) of a Dow Corning breast implant and submitted a disease claim to the MDL-926 Claims Office, but who have not submitted a "Disease Claim Form" to the Settlement Facility for Dow Corning. The Settlement Facility has not and will not review these disease claims until a Disease Claim Form is received with the appropriate box checked, and that's what the SF-DCT letter was meant to relay.

 

What should you do if you received this letter? If you want to rely on your previously submitted disease claim, then submit the Disease Claim Form to the Settlement Facility and check the box to indicate which disease or condition you are applying for. Keep in mind that your disease claim was submitted in most instances over a decade ago. You might consider getting a copy of your disease claim records from the Settlement Facility (you can request a free copy be sent to you) and review those records before you proceed to make sure you meet all of the criteria to qualify for compensation and, if needed, to update any records.

 

If you want to apply for a new disease or disability level, different from what you applied for in the original global settlement or to the MDL-926 Claims Office, you will want to submit new medical records supporting that claim.

 

You do not have to resubmit the medical records that you've already submitted to either the MDL-926 Claims Office or the Settlement Facility. The Settlement Facility has a copy of your disease file (or has access to get a copy) already.

 

If you have any questions about the letter, contact the Settlement Facility at 1-866-874-6099.

 

2. URGENT DEADLINE REMINDER TO SETTLING LATE CLAIMANTS: JANUARY 21, 2009 IS THE DEADLINE TO SUBMIT ALL CLAIM FORMS

 

NOTE: This reminder applies only to "Settling Late Claimants." It does not apply to any other claimants in the Dow Corning case.

 

If you are a Settling Late Claimant covered by the Court's Order of December 12, 2007 (Agreed Order Allowing Late Claimants Limited Rights to Participate in the Plan's Settlement Facility), then you must submit all claim forms and documents supporting your claims for Explant, Rupture and Disease or Expedited Release by January 21, 2009. If you have questions about your claim, contact the Settlement Facility at their toll-free number: 866-874-6099 or contact them by email at: info@sfdct.com. If you need legal assistance with your claim, you can contact the Claimants' Advisory Committee at info@tortcomm.org.

 

3. ACTD CLAIM CRITERIA TO BE RELEASED JANUARY 9, 2009

 

The Claimants' Advisory Committee is working with the Settlement Facility to finalize more detailed information about Atyical Connective Tissue Disease (ACTD) claims for release on January 9, 2009. Please check the CAC website (www.tortcomm.org) for this information on that date.

 

Information is currently available on the CAC's website for the 8 other eligible diseases and conditions.

 

4. RUPTURE ISSUES

 

We received numerous emails after our last newsletter from claimants who indicated that they believed their rupture claim should have been approved. Before we can determine if we can be of assistance, you must send us a copy of your rupture submission or request that the Settlement Facility mail us a copy. We do not have access to claimant files. You can send them to us by email: info@tortcomm.org, by regular mail to: CAC, P.O. Box 665, St. Marys, OH 45885, or by fax to: 419-394-1748.

 

5. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.061 BILLION

 

As of November 30, 2008, the Settlement Facility - Dow Corning Trust reports that it has issued checks to claimants in the Dow Corning Settlement Fund totalling $1.061 billion dollars.

 

Classes 5, 6.1 and 6.2 - Dow Corning Breast Implant Claimants

 

Checks totalling approximately $428 million dollars have been issued to 22,011 approved rupture claimants.

 

Approximately 22,756 approved disease claimants have been issued checks totalling approximately $420 million.

 

The approval rate for Proof of Manufacturer (POM) for claimants who passed the pre-screening process (i.e., eligibility to participate in the settlement) is at 90% for Dow Corning breast implant claims in Class 5.

 

A breakdown of the payments cashed from June 1, 2004 through November30, 2008 by class and benefit type is listed below:

 

Cumulative Cashed Checks for Payments to All Classes (including NOI claims)

June 1, 2004 - November 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

 

$414,638,598.66

 

$133,919,942.09

 

n/a

 

$2,816,141.10

 

$29,971,871.89

 

$415,821,682.10

 

n/a

 

n/a

 

$997,168,235.84

Class 6.1

 

$ 12,499,350.51

 

$ 3,917,858.66

 

n/a

 

$ 9,000.00

 

$ 2,430,408.51

 

$ 3,790,618.48

 

n/a

 

n/a

 

$ 22,647,236.16

Class 6.2

 

$ 612,500.00

 

$ 71,750.00

 

$177,000

 

$ 0.00

 

$ 44,100.00

 

$ 215,250.00

 

n/a

 

n/a

 

$ 1,120,600.00

Class 6.2: 2

 

n/a

 

n/a

 

n/a

 

n/a

 

$ 82,800.00

 

n/a

 

n/a

 

n/a

 

$ 82,800.00

Class 6.2: 3

 

n/a

 

n/a

 

n/a

 

n/a

 

$ 108,600.00

 

n/a

 

n/a

 

n/a

 

$ 108,600.00

Class 7

 

n/a

 

n/a

 

n/a

 

n/a

 

$20,264,158.34

 

n/a

 

n/a

 

n/a

 

$ 20,264,158.34

Class 9

 

$ 125,000.00

 

n/a

 

n/a

 

n/a

 

$ 1,725,145.10

 

n/a

 

$2,820,000

 

$14,032,500

 

$ 18,702,645.10

Class 10.1/2

 

$ 6,000.00

 

n/a

 

n/a

 

n/a

 

$ 147,700.00

 

n/a

 

$ 213,625

 

$ 1,035,875

 

$ 1,403,200.00

 

Total

 

$427,881,449.17

 

$137,909,550.75

 

$177,000

 

$2,825,141.10

 

$54,774,783.84

 

$419,827,550.58

 

$3,033,625

 

$15,068,375

 

$1,061,497,475.44

 

 

 

Class 7 - Silicone Gel Material Claims

 

Disease Cash-Out Offers: A total of 7,227 claimants in Class 7 have been sent the $3,000 Disease Cash-Out offer. Of this number, 71% have cashed the check and accepted the payment, 14% have returned the check and asked for a full disease review, and 15% are pending (they have not cashed the check or returned it to the SF-DCT). Most of the claimants who rejected the offer have applied for a Disease Option 1 claim (734) and, of this number, 597 reviews have been completed. No claims in Disease Option 2 for Class 7 have been reviewed. The Settlement Facility has begun issuing Notification of Status letters; however, no Class 7 disease claims can be paid until all disease claims have been reviewed and the one-year time deadline to cure deficiencies has expired. This will take at least another year or more to complete.

 

The total payout of cashed checks from the capped $57.5 million NPV fund through November 30, 2008 is $20,264,158.00.

 

Class 7 - Silicone Gel Material Claims

# Class 7 Forms Filed

54,784

# of claims that are NOT eligible based on POM review

8,392

# of claims that failed marshalling

28,989

Foreign Gel Claims Approved & Paid $600

621

Expedited Release Claims Approved & Paid $600

6,862

# of Disease Cash-Out Offers of $3,000

7,227

TOTAL PAYMENTS OR CASH-OUT OFFERS

14,710

TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer)

12,186

TOTAL AMT PAID as of 10-13-08

$20,264,158

 

 

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

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.

March 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)

May 4, 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)

July 9, 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

 

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