CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 9, No. 2, February 14, 2012
Contact the CAC at: firstname.lastname@example.org or
phone: (419) 394-0717
fax: (419) 394-1748
Sybil Niden Goldrich
Ernest Hornsby, Esq
Dianna Pendleton-Dominguez, Esq.
This is the 90th e-newsletter (Vol. 9, No. 2) 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 or to reply to this newsletter, send an email to: email@example.com. Please do not hit "Reply" to this email address. Please use the email address: firstname.lastname@example.org.
Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at email@example.com or 866-874-6099. The Claimants' Advisory Committee does not have access to individual claimant files to answer these kinds of questions.
1. UPDATE ON PREMIUM PAYMENT MOTION
The court heard oral argument from the parties on the Finance Committee's motion requesting authority to make Premium Payments. As we anticipated in previous newsletters, the court did not rule on the motion at the hearing. The matter is now under consideration by the court. We do not know when the court will issue a ruling. As soon as an order is entered, we will send out a newsletter and update our website with the information.
The briefs are on the CAC website (www.tortcomm.org) under the heading "Pending Motions."
2. CLAIMS PAYMENT REPORT THROUGH JANUARY 2012
From June 1, 2004 through January 31, 2012, the Settlement Facility has paid out approximately $1.264 billion to 122,313 approved claims. This includes the following:
23,102 Rupture claims
29,625 Explant claims
390 Increased Explant Claims (Class 6.2)
38,282 Expedited Release claims
29,178 Disease claims
539 Medical Condition claims (non-breast implant products)
The Settlement Facility has reported a dramatic decrease in claims filings the last two years. As a result, they are current in processing Disease claims for Classes 5 and 6 (Dow Corning breast implant claimants).
Class 7 Issues
The overwhelming majority (81%) of Class 7 (non-Dow Corning silicone gel breast implant) claimants accepted either the $3,000 Disease Cash-Out offer or the $600 Expedited Release Payment, resulting in a total payout of $21,409,707. Claimants who rejected the Disease Cash Out offer had their disease claims reviewed and claimants were given one year to fix any problems or deficiencies in their claim. Virtually all of these cure deadlines have now expired. The Settlement Facility had planned to request permission from the court to issue payment for these claims during the first quarter of 2012; however, an audit that was conducted last year has had an impact on this issue.
The audit, conducted by an outside company, found additional claims for Class 7 that were submitted but not reviewed. These claims are already being reviewed, and the Claimants' Advisory Committee has worked with the Settlement Facility to prioritize them. We have not received a new time frame when the Settlement Facility will seek court approval to pay Class 7 claims, but we are working to expedite this. We will post any news about this in our newsletters and website.
3. DEADLINE REMINDERS
REMINDER ABOUT UPCOMING EXPLANT DEADLINE - JUNE 2, 2014
This is an URGENT REMINDER that the Settlement Facility will only pay for the removal of your Dow Corning breast implant through June 1, 2014. This is just a little over two years from now. We note that in the past, it can take claimants up to six months to have the surgery scheduled and get the necessary documents to support the Explant claim. If you still have a Dow Corning breast implant and want to have it removed to receive the $5,000 Explant Payment (Class 5 amount), you may want to start this process now.
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.
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: firstname.lastname@example.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
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.