CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 6, No. 6, June 11, 2009

Contact the CAC at: info@tortcomm.org or

by phone at: (419) 394-0717

 

Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.

 

 

This is the 60th e-newsletter (Vol. 6, 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, click here 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.

 

 

NEW ORDERS ISSUED BY COURT!!

 

1.     COURT RULES IN FAVOR OF THE CAC ON "DISABILTY A" MOTION

 

On June 10, 2009, the Court entered an Order ruling in favor of the CAC on the pending motion interpreting the "Disability A" dispute. The ruling means that claimants who wish to apply for Level A disability - or total disability - must document total disability in either vocation or self-care. The Court ruled that the Plan does not require total disability in both areas. To read a copy of the Order, click here or go to the CAC website, click on Court Orders and then click on "June 10, 2009 - Order on Disability A."

 

The Settlement Facility will now identify claimants whose claims are affected by the ruling, and they will notify these claimants if they now qualify for Level A payment. You do not need to contact the Settlement Facility directly right now about this.

 

We do not know whether Dow Corning will appeal the ruling. We will report more on the implementation of the Court's Order in the near future.

 

2. COURT RULES IN FAVOR OF THE CAC THAT TISSUE EXPANDERS ARE BREAST IMPLANTS

 

On June 10, 2009, the Court entered an Order ruling in favor of the CAC that tissue expanders are breast implants as defined by the Plan. This means that claimants who have a Dow Corning tissue expander are eligible for benefits in Class 5 (Dow Corning breast implant claimants) or Class 6 (foreign Dow Corning breast implant claimants). To read a copy of the Order, click here or go to the CAC website, click on Court Orders and then click on "June 10, 2009 - Order on Tissue Expanders."

 

The Settlement Facility has already identified claimants who have tissue expanders and who are affected by the ruling. You do not need to contact them directly about this right now.

 

3. DEADINE 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 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)

 

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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

 

Phone Number: (419) 394-0717

Fax Number: (419) 394-1748

Email: info@tortcomm.org

 

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.