CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 7, No. 5, June 25, 2010

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.

 

This is the 73rd e-newsletter (Vol. 7, 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: 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. ORAL ARGUMENT HELD ON "DISABILITY A" AND TISSUE EXPANDER APPEALS

 

The Court of Appeals for the Sixth Circuit heard oral arguments on the two appeals pending before it on the interpretation of the language in Disability A and whether tissue expanders are "Breast Implants" as defined in the Plan. The Court took both matters under consideration and will issue a written decision hopefully by the end of this year. We will post any rulings as soon as they are released.

 

2. SETTLEMENT FACILITY MAILS LETTERS TO 7,000 CLAIMANTS

 

The Settlement Facility mailed a letter last week to approximately 7,000 claimants to remind them that they have submitted acceptable proof that they had a Dow Corning Breast Implant and are therefore eligible to submit either a Disease or Expedited Release claim. If you need a claim form to apply for the $5,000 Explant Benefit or the Disease / Expedited Release benefit, you can download a copy at: http://www.sfdct.com/_sfdct/resources/Filing_For_Benefits/ClaimFormsByClass/Class5ClaimForm_English.pdf

 

If you do not have the labels with your contact information and SID number on them, you can still complete the claim forms by writing in your contact and other information.

 

If you elect the Expedited Release Option, you will not be eligible for a Disease Payment. The Settlement Facility issues payments to claimants once a month, so claimants can expect to receive a check within 30-45 days after returning their Expedited Release claim form.

 

Claimants are not required to respond to this letter or submit a claim at this time if they do not wish to do so. The deadline to submit a claim for Disease or Expedited Release is June 3, 2019.

 

 

3. REMINDER TO CLAIMANTS WHO RECEIVED AN EXPLANT BENEFIT FROM DOW CORNING'S "REMOVAL ASSISTANCE PROGRAM" FROM MARCH 1992 - 1995

 

If Dow Corning identified you as having participated in its "Removal Assistance Program" during March 1992 - 1995, then the Settlement Facility will list you as having acceptable proof of a Dow Corning Breast Implant. This means that even if you did not submit any proof of your implant manufacturer, you are deemed to have acceptable proof based on the documentation you previously submitted to Dow Corning from 1992 - 1995. Under the Removal Assistance Program, Dow Corning paid some women (or their doctors) a relatively small amount of money to assist with the removal of their breast implant. The Plan of Reorganization that was approved in the bankruptcy court allows these women to apply to the Settlement Facility to receive the difference between $5,000 and the amount that the Removal Assistance Program paid. The payment of this additional amount is NOT automatic; you must apply for the $5,000 Explant Benefit to receive the difference in payment amounts. To download a copy of the Explant Claim Form (Class 5), click on the following link: http://www.sfdct.com/_sfdct/resources/Filing_For_Benefits/ClaimFormsByClass/Class5ClaimForm_English.pdf

 

4. STATUS OF PREMIUM PAYMENTS

 

As we reported in our last e-newsletter, we are continuing our efforts on the issue of getting Premium Payments approved. The schedule that was approved by the Court provides that the Finance Committee will make an initial recommendation to the District Court about the status of Premium Payments by October 1, 2010. We will not know anything more until that time. In the meantime, please keep your address and contact information current with the Settlement Facility so that correspondence and payments can reach you.

 

 

5. REMINDER: ALL CLAIMANTS WHO HAVE A CLAIM IN THE REVISED SETTLEMENT PROGRAM (MDL-926) MUST HAVE ALL OF THEIR CLAIMS SUBMITTED TO THE MDL-926 CLAIMS OFFICE BY DECEMBER 15, 2010

 

The MDL-926 Claims Office handles claims submitted in the Revised Settlement Program ("RSP"). This is a separate settlement and a separate claims office from the Dow Corning Settlement Facility.

 

If you have an implant made by any of the companies participating in the RSP, you must submit any and all claims you have to the MDL-926 Claims Office by December 15, 2010. For more information, go to the MDL-926 Claims Office website at: http://www.claimsoffice-926.com/index.html.

 

For a complete list of eligible implant products in the Revised Settlement Program, go to Exhibit G in the Breast Implant Litigation Notice Order. We've attached a link to that document: http://www.claimsoffice-926.com/pdf/mdl926_breast_implant_litigation_notice.pdf.

 

After December 15, 2010, the MDL-926 Claims Office will permanently close to all claims in the Revised Settlement Program. Again, this is NOT the same thing as the Dow Corning Settlement Facility. Eligible claimants in the Dow Corning case may submit Explant Claims until June 2, 2014 and may submit either a Disease or Expedited Release Claim until June 3, 2019.

 

If you have any questions about your status in either settlement, contact your attorney if you are represented or contact the claims offices at the numbers listed below:

 

      MDL-926 Claims Office:                        Claims Office 
                                                          P.O. Box 56666
                                                          Houston, TX 77256
                                                          Phone:  800-600-0311
                                                          E-mail:  claimsoffice926@aol.com

Dow Corning Settlement Facility:     Settlement Facility - Dow Corning Trust

                                                     P.O. Box 52429

                                                     Houston, TX 77052

                                                     Phone:  1-866-874-6099

                                                     E-mail:  info@sfdct.com                                                       

 

 

6. SUMMER HOURS FOR SETTLEMENT FACILITY

 

The summer hours for the Settlement Facility - Dow Corning Trust are as follows:

 

Monday - Thursday from 9 a.m. to 4 p.m. Central Time.

 

You may also email questions to: info@sfdct.com.

 

 

7. STATUS OF CLAIMS PAYMENT AND PROCESSING AS OF MAY 30, 2010

 

The Settlement Facility has released information about the status of claims processing and payments through MAY 31, 2010, The information is summarized below:

 

Through MAY 31, 2010, the SF-DCT has received 75,777 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 64,154 or 84.66% have acceptable proof of at least one Dow Corning breast implant. Of the 64,154 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,571 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, 2010	PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6	TOTAL $$ PAID IN CATEGORY THROUGH MAY 31, 2010
RUPTURE	21,571	71% | 37%	$ 416,505,503.09
EXPLANT	28,050	99% | 96%	$ 135,885,546.71
EXPLANT ASSISTANCE	575	91% | 57%	$ 2,850,141.10
INCREASED EXPLANT (6.2 ONLY)	231	N/A | 93%	$ 693,000.00
EXPEDITED RELEASE	19,540	91% | 86%	$ 36,442,983.78
DISEASE OPTION 1	25,804	83% | 67%	$ 382,421,921..07
DISEASE OPTION 2	1,140	24% | 11%	$ 148,508,598.75
TOTAL	96,911	N/A	$ 1,123,307,694.50

 

 

Class 7 - Silicone Gel Material Claims

 

Approximately 14,993 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 $20.9 million. The total fund is $57.5 million NPV.

 

 

 

 

Notice of Intent Claimants:

 

NOI CLAIMS
CLASS 5 & 6.1 & 6.2
	TOTAL FORMS FILED	FORMS FILED WITH POM	ACCEPTABLE POM	APPROVED	COMPLETE	# CLAIMS PAID	TOTAL AMT PAID
RUPTURE	1,941	1905	1,621	1,107	1,631	1,102	$20,464,100
MEDICALLY CONTRAINDICATED	18	17	15	2	10	0	0
EXPLANT	1,497	1,479	1,264	1088	1,264	1,079	$5,258,818
INCREASED EXPLANT	310	310	298	106	298	101	303,000
EAP	274	269	210	40	47	36	$175,200
TOTALS	4,040	3,980	3,408	2,343	3,250	2,318	$26,197,118

 

 

 

8. DEADLINE REMINDERS

 

Please mark your calendar with the following claim submission deadlines. Please note that 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. The filing deadlines are not the same as "cure deadlines." Cure deadlines are individual deadlines that are set out in Notification of Status letters following the SF-DCT's review of your claim.

 

Deadline Date	Type of 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

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.