Volume 6, No. 5, May 28, 2009

Contact the CAC or

by phone at: (419) 394-0717


Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.



This is the 59th e-newsletter (Vol. 6, 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, click here or to reply to this newsletter, send an email to: do not hit Reply to this email address.Please use the email


Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at or 866-874-6099.The Claimants' Advisory Committee does not have access to individual claimant files to answer these kinds of questions.





The final cure deadline for certain deficient ACTD claims is JULY 9, 2009.This cure deadline applies only to certain claimants who previously filed a claim for Atypical Connective Tissue Disease (ACTD) and received a deficiency notice about that claim from the Settlement Facility Dow Corning Trust (SF-DCT).This cure deadline notice does not apply to you if the SF-DCT notified you that you have a longer or different cure deadline date.


No further extensions of cure deadlines for ACTD will be allowed.We strongly suggest that claimants and attorneys download and review a copy of the Disease Guidelines for ACTD that are posted on the CAC and SF-DCT websites and to contact a nurse reviewer at the Settlement Facility to schedule a time to go over the deficiencies in your claim and what is needed to correct them.Don't wait until the last minute to contact the SF-DCT or to send in your documents.


The ACTD Guidelines document is at:


If you have any question about what your cure deadline is, contact the SF-DCT at 1-866-874-6099 or at





Claims Administrator's Desk  
May 13, 2009 Update

The SFDCT has corrected the technical difficulties related to our telephone service and My Claims. We thank you for your patience while we corrected these issues.

On April 2, 2009, the SFDCT made the following corrections to Disease Guidelines. For Systemic Sclerosis/Scleroderma SS, page 24 of the SS Guidelines was revised. For Systemic Lupus Erythematosus SLE, page 61 of the SLE Guidelines was revised. For General Connective Tissue Symptoms GCTS page 91 of the GCTS Guidelines was revised. Please review these changes if you have deficiencies for a SS, SLE, or GCTS claim.

Foreign Claimant Update. If you submit medical records in a language other than English, your claim may be delayed for 90 days or maybe longer. The SFDCT can not review your claim until the applicable medical records have been translated. In order to reduce this delay, you may wish to submit your records in English. The SFDCT allows you to submit translated documents as long as you also submit the translator statement under penalties of perjury stating that the translator is proficient in English, that the documents has been correctly translated, and that the translator has no personal or business relationship with you or your attorney. If you pay a fee to have your records translated, the SFDCT will not reimburse you for that expense.

On March 25, 2009 the SFDCT sent a letter notifying certain claimants of the July 9, 2009 final cure deadline for ACTD. This letter was intended for claimants who had not submitted additional documentation for review in response to a Notification of Status letter. If you had already submitted additional information, you will be notified of any updated information.

Important information for Class 7 Claimants who have received the $3,000.00 cash out offer. If you received the $3,000.00 cash out offer, the SFDCT will not review your disease claim unless you return the check within 180 days from the date on the check. Electing not to cash the check is not the same as returning the check. If you do not return the $3,000.00 check within the applicable time period, then we will not review your disease claim at a later time.

The ACTD Guidelines are now available under the down loads section of the SFDCT website. You may use the ACTD information to assist with curing any ACTD deficiency.

To view all deadlines associated with Claim Processing click here.

Notice:If you recently received a letter from the MDL926 Revised Settlement Program RSP about the MDL 2010 filing deadline, click here for important information about filing claims with the Settlement FacilityDow Corning Trust SFDCT.

This Notice is for Claimants and Attorneys:

The SFDCT has approximately 14,000 claims in which the claimant has acceptable Proof of Manufacture POM that is, we agree the claimant has a Dow Corning implant but the SFDCT has Not received a Disease Claim Form or an Expedited Release Claim Form. While claimants have until 2019 to file such forms, we cannot process your claims, even when you have acceptable POM, until we receive the appropriate Claim Form. Remember, it is now too late to file a Rupture Claim Form, an Other Products Class 9 Claim Form, or a Silicone Materials Class 7 Claim Form.

1. As a reminder, checks issued by the SFDCT are valid for only 180 days from the date on the check. The SFDCT will automatically place a stop pay on all checks that are uncashed after the check expiration date. If you have an uncashed check that is more than 180 days past the check date, you will need to contact us in order to receive a new check. If you receive Class 7 cash out check and want to return it for a full disease review, you must return the check within 180 days from the date on the check.  Failure to return the cash out offer check by the deadline will result in denying your disease review.  In this event, the SF-DCT will, of course, return your check.

If you are an attorney who represents both claimants in the MDL926 Revised Settlement Program RSP and the SFDCT and recently received the Important Notice from the MDL926 Claims Office, the deadline to negotiate RSP checks is different than the SFDCT policy stated above. Please remember that the SFDCT and the MDL926 operate under very different protocols. This means that certain policies developed by one facility are not necessarily implemented by the other facility.

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 SFDCT 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 SFDCT 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




The Independent Assessor who is charged with making recommendations regarding the adequacy of assets to make Premium Payments issued an update for the fourth quarter of 2008.It states:


The Independent Assessor of the Settlement Facility Dow Corning Trust (SF-DCT) reviewed the liabilities and assets of the facility as of the end of the fourth quarter of 2008 and estimated that the facility would remain solvent under each of a range of liability and asset assumptions tested. Until patterns of filing and claims acceptance become more certain, use of the current estimates for the purpose of determining whether premium payments can be made is premature.


The CAC will continue to work with the Finance Committee to urge them to recommend payment of Premium Payments to the District Court.





As of April 30, 2009, the Settlement Facility Dow Corning Trust reports that it has issued checks to claimants in the Dow Corning Settlement Fund totalling approximately $1.092 billion dollars.


Classes 5, 6.1 and 6.2 Dow Corning Breast Implant Claimants


Checks totalling approximately $430.94 million have been issued to 22,218 approved rupture claimants.


Checks totalling $139.1 million have been issued to 28,692 claimants for an approved Explant claim, and another $258,000 has been paid to 86 claimants in Class 6.2 who elected the Increased Explant Payment.Approximately $2.9 million has been paid to 581 claimants in the Explant Assistance Program for explantation.


Approximately 23,673 approved disease claimants have been issued checks totalling approximately $444.56 million.  In addition, the SF-DCT has issued 32,399 checks totalling $55.94 million for Expedited Release.


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 43% for Class 6.2.


A breakdown of the payments made from June 1, 2004 through April 30, 2009 by class and benefit type is listed below:


Cumulative Payments to All Classes (including NOI claims)

June 1, 2004April 30, 2009
















Increased Explant


Explant Assistance Program



Expedited Release





Medical Conditions in Class 9/10


Products Premium Payment





Class 5



















Class 6.1



















Class 6.2



















Class 6.2: 2



















Class 6.2: 3



















Class 7



















Class 9



















Class 10.1/2










































Class 7 Silicone Gel Material Claims


Disease Cash-Out Offers:A total of 7,178 claimants in Class 7 have been sent the $3,000 Disease Cash-Out offer.Of this number, 77% have cashed the check and accepted the payment, 16% have returned the check and asked for a full disease review, and 7% 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 (847) and, of this number, 656 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 March 31, 2009 is $20,507,529.01.



Class 7 Silicone Gel Material Claims

# Class 7 Forms Filed


# of claims that are NOT eligible based on POM review


# of claims that failed marshalling


Foreign Gel Claims Approved & Paid $600


Expedited Release Claims Approved & Paid $600


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




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


TOTAL AMT PAID as of 4-30-09




Notice of Intent (NOI) Claims Processing


The Settlement Facility has paid a total of $23,933,200 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








Explant Assistance Program










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 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 ( on a regular basis to download or view relevant documents and read updates and new information.To contact the CAC, send an email or send a letter to the Post Office Box address for the CAC at:


Claimants' Advisory Committee

P.O. Box 665

St. Marys, Ohio45885


Phone Number:(419) 394-0717

Fax Number:(419) 394-1748



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.