CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 6, No. 1, January 16, 2009

 

Sybil Niden Goldrich

Ernest Hornsby, Esq.

Dianna Pendleton-Dominguez, Esq.

 

 

This is the 55th e-newsletter (Vol. 6, No. 1) 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. 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 in Class 5 or 6 (Dow Corning breast implant claimants) 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.

 

Settling Late Claimants are not allowed to submit a claim for Disease, Rupture or Explant after January 21, 2009. All claim forms for Disease, Rupture and/or Explant must be submitted 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.

 

2. ACTD CLAIM CRITERIA RELEASED

 

Detailed information about Atypical Connective Tissue Disease (ACTD) claims is now available on he CAC's website (www.tortcomm.org) or by clicking on the following link: http://www.tortcomm.org/downloads/actdfinalposted_to_website_1-12-09_2.pdf

 

This is a "pdf" version of the document. It is also available in "Microsoft PowerPointŪ" by contacting the Claimants' Advisory Committee at info@tortcomm.org.

 

The Settlement Facility mailed letters to all claimants who submitted an ACTD claim or who were reviewed for an ACTD claim and who have a deficiency to notify them of their final cure deadline for the ACTD claim. If your cure deadline expired or will expire on or before July 8, 2009, then your new and final cure deadline is July 9, 2009. If you are unable to cure the deficiencies, you can appeal the claim determination to the Claims Administrator, accept payment for any approved compensation level you have been awarded, or elect the Expedited Release payment. It is extremely important that claimants address deficiencies in their claims in a timely way.

 

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

 

The CAC is working with the Settlement Facility to release one additional document on General Guidelines criteria. We will notify you as soon as this is available.

 

3. URGENT REMINDER OF FINAL CURE DEADLINE OF MARCH 2, 2009 FOR CERTAIN ANDS CLAIMS

 

This is an URGENT REMINDER for all claimants who received a deficiency letter from the Settlement Facility notifying them of their final cure deadline of March 2, 2009 for their ANDS claims. This final deadline only applies to certain ANDS claimants, and all of the affected claimants should have received a notice about the deadine from the Settlement Facility. The deadline does not apply to all ANDS claims or to new claims for ANDS. Claimants can submit new ANDS claims up to the conclusion of the Settlement Plan on June 3, 2019.

 

4. MDL-926 CLAIMS OFFICE COMPLETES ITS MAILINGS TO CLAIMANTS WITH LONG TERM BENEFIT CLAIMS

 

The MDL-926 Claims Office has completed its mailings to claimants in the Revised Settlement Program ("RSP") who have a deficiency in their Long Term Benefit disease claim. The mailings concern the end of the Revised Settlement Program, the closing of the MDL-926 Claims Office, and claimants' rights and deadlines in that separate settlement. If you have any questions about your claim in the RSP, contact them at 1-800-600-0311 or visit their website at http://www.claimsoffice-926.com.

 

5. CLASS 7 ISSUES (SILICONE GEL CLAIM FUND)

 

The Settlement Facility has announced a new processing protocol that pertains to attorneys and law firms who represent clients who submitted a Class 7 Silicone Gel Material claim and received an award or Cash-Out offer. If the client cannot be located within the six month timeframe that claimants have to accept or reject the $3,000 Disease Cash-Out offer, then the attorney must write to the Settlement Facility and inform them that they could not locate the client within that time frame. The Settlement Facility will use its resources to try and locate the claimant. If the claimant cannot be found, the Settlement Facility will place a hold on the claim until the claimant is either located or the SF-DCT implements a policy to address this issue prior to the closure of the Class 7 Fund. In other words, the attorney will not be required to accept the Disease Cash-out Offer within the six months if they are unable to locate the client.

 

6. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.066 BILLION

 

As of December 31, 2008, the Settlement Facility - Dow Corning Trust reports that it has issued checks to claimants in the Dow Corning Settlement Fund totalling approximatly $1.066 billion dollars.

 

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

 

Checks totalling approximately $428.5 million dollars have been issued to 22,042 approved rupture claimants.

 

Approximately 22,901 approved disease claimants have been issued checks totalling approximately $423.3 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) remains at 90% for Dow Corning breast implant claims in Class 5, 78% for Class 6.1, and 41% for Class 6.2.

 

A breakdown of the payments made from June 1, 2004 through December 31, 2008 by class and benefit type is listed below:

 

Cumulative Payments to All Classes (including NOI claims)

June 1, 2004 - December 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

 

$415,174,299.66

 

$134,099,942.09

 

n/a

 

$2,831,141.10

 

$30,110,021.89

 

$419,178,445.95

 

n/a

 

n/a

 

$1,001,393,850.69

Class 6.1

 

$ 12,577,350.51

 

$ 3,935,858.66

 

n/a

 

$ 9,000.00

 

$ 2,441,208.51

 

$ 3,850,618.48

 

n/a

 

n/a

 

$ 22,814,036.16

Class 6.2

 

$ 619,500.00

 

$ 71,750.00

 

$180,000

 

$ 0.00

 

$ 44,800.00

 

$ 229,250.00

 

n/a

 

n/a

 

$ 1,145,300.00

Class 6.2: 2

 

n/a

 

n/a

 

n/a

 

n/a

 

$ 83,300.00

 

n/a

 

n/a

 

n/a

 

$ 83,300.00

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

 

$20,206,558.34

 

n/a

 

n/a

 

n/a

 

$ 20,206,558.34

Class 9

 

$ 125,000.00

 

n/a

 

n/a

 

n/a

 

$ 1,731,145.10

 

n/a

 

$2,825,000

 

$14,032,500

 

$ 18,713,645.10

Class 10.1/2

 

$ 6,000.00

 

n/a

 

n/a

 

n/a

 

$ 148,300.00

 

n/a

 

$ 213,625

 

$ 1,035,875

 

$ 1,403,800.00

 

Total

 

$428,502,150.17

 

$138,107,550.75

 

$180,000

 

$2,840,141.10

 

$54,873,933.84

 

$423,258,314.43

 

$3,038,625

 

$15,068,375

 

$1,065,869,090.29

 

 

 

Class 7 - Silicone Gel Material Claims

 

Disease Cash-Out Offers: A total of 7,232 claimants in Class 7 have been sent the $3,000 Disease Cash-Out offer. Of this number, 75% have cashed the check and accepted the payment, 15% have returned the check and asked for a full disease review, and 10% 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 (811) and, of this number, 615 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 December 31, 2008 is $20,206,558.34.

 

Class 7 - Silicone Gel Material Claims

# Class 7 Forms Filed

54,702

# of claims that are NOT eligible based on POM review

8,395

# of claims that failed marshalling

29,027

Foreign Gel Claims Approved & Paid $600

618

Expedited Release Claims Approved & Paid $600

6,848

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

7,232

TOTAL PAYMENTS OR CASH-OUT OFFERS

14,698

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

12,182

TOTAL AMT PAID as of 10-13-08

$20,206,558.34

 

 

Notice of Intent (NOI) Claims Processing

 

The Settlement Facility has paid a total of $23,341,800 in Explant and Rupture payments to Notice of Intent (NOI) claimants, including the second installment on approved Rupture claims. The SF-DCT is continuing to process and pay these claims.

 

Type of Claim

Total Claims Paid

Amount

Rupture

913

$18,1933,800.00

Explant

999

$ 4,983,000.00

Explant Assistance Program

33

$ 165,000.00

Total

1,945

$23,341,800.00

 

 

7. CONTINUING PROBLEM WITH UNCASHED CHECKS

 

Almost 1,000 checks totaling $3.757 million for approved Rupture, Disease and Explant claims remain uncashed and are considered "stale." The primary reason why the checks are stale is because claimants move and cannot be located to receive their award from the Settlement Facility.

 

It is extremely important that you notify the Settlement Facility of any new address or change in contact information. Simply write a letter to the Settlement Facility and notify them if you move, change your email or phone number, or if there is a change in the personal guardianship, estate or representation for the claimant. This will be especially important in the future if Premium Payments are authorized and issued. The Settlement Facility must have a current address to mail your award letters and payments.

 

8. STATUS OF PREMIUM PAYMENTS

 

Premium Payments have not been authorized at this time. We do not know when they will be authorized, but we are working on this issue now with the Finance Committee. We understand that these are difficult economic times for many claimants, and the Premium Payments could make a significant difference to many of you, so we will continue to work on and prioritize this issue and post any updates about this in our newsletters.

 

9. STATUS OF OTHER PENDING MOTIONS

 

We have not received any rulings on the other pending motions such as tissue expanders, release disputes, or the Disability A "and/or" issue. We will post any new information about this in our newsletters.

 

 

10. 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

 

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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