CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 9, No. 5, June 21, 2012
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 93rd e-newsletter (Vol. 9, 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. STATUS OF MOTION SEEKING APPROVAL TO MAKE PREMIUM PAYMENTS
We know many of you are anxious for news or an update on when Premium Payments can be made. The answer is that we do not know; however, it is very unlikely that any Premium Payments will be made in 2012. First, we must receive a ruling from the District Court authorizing the payments. Then, if payments are authorized, it is likely that Dow Corning will file an appeal. While we will do everything we can to ask the courts to expedite the rulings and any appeal, we do not have the ability to control the timing of these things.
When we receive a ruling, we will send an e-newsletter and update our website.
2. UPDATE ON 6TH CIRCUIT COURT OF APPEALS AND THE TIME VALUE CREDIT RULING
The briefs have been filed with the United States Court of Appeals on whether the interest accrued on the Initial Payment counted towards Dow Corning's funding obligations. The briefs are available on our website, www.tortcomm.org.
3. UPDATE FROM SF-DCT WEBSITE
The Settlement Facility website contains an updated list of approved Affirmative Statements made by implanting doctors about the types of implants they used during specific periods (http://www.sfdct.com/tasks/render/file/?fileid=67A54E5B-4204-44AB-994E419657E78A03). The Affirmative Statements can be used in part to establish proof of manufacturer for certain Dow Corning breast implant claimants. For more information on how to use the Affirmative Statement list, please review the Proof of Manufacturer Guidelines in the Claimant Information Guide.
4. CLAIMS REPORT
The Settlement Facility reports that they are current in reviewing all claims. Current means that the claim form will be reviewed in 30-45 days from the day it is received. If you filed a claim more than 90 days ago and have not heard anything, contact the Settlement Facility about the status of the claim.
The Settlement Facility has released information about the status of claims processing and payments through
May 2012, The information is summarized below:
Through May 2012, the SF-DCT has received 77,717 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,556 or 84.35% have acceptable proof of at least one Dow Corning breast implant. Of the 65,556 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,884 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) |
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|
(DOW CORNING BREAST IMPLANT CLAIMS) |
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CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH MAY 31, 2012 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH MAY 31, 2012 |
|
RUPTURE |
21,884 |
71% | 40% |
$ 421,304,139.69 |
|
EXPLANT |
28,535 |
99% | 96% |
$ 138,133,777.61 |
|
EXPLANT ASSISTANCE |
605 |
92% | 80% |
$ 2,990,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
282 |
N/A | 92% |
$ 843,000.00 |
|
EXPEDITED RELEASE |
23,586 |
92% | 88% |
$ 43,629,607.77 |
|
DISEASE OPTION 1 |
27,959 |
84% | 70% |
$ 412,520,990.95 |
|
DISEASE OPTION 2 |
1,408 |
30% | 15% |
$ 181,140,159.42 |
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|
|
|
|
|
|
|
|
|
TOTAL |
104,259 |
N/A |
$ 1,200,562,316.54 |
Class 7 -- Silicone Gel Material Claims
The Settlement Facility is still processing the remaining Class 7 disease claims. No decision has been provided to us about when payments will be issued, but we are continuing our efforts to begin issuing payments in 2012.
|
Class 7 -- Silicone Gel Material Claims |
|
|
# Class 7 Forms Filed |
54,892 |
|
Failed Prescreen -- Ineligible Implant -- Failed Marshalling |
36,441 |
|
Foreign Gel Claims Approved & Paid $600 |
669 |
|
Expedited Release Claims Approved & Paid $600 |
6,967 |
|
# of Disease Cash-Out Offers of $3,000 |
7,423 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
15,059 |
|
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
12,964 |
|
TOTAL AMT PAID as of 05-31-12 |
$21,417,517.39 |
TOTAL CLAIMS PAID AND TOTAL PAYMENTS, ALL CLASSES, THROUGH MAY 2012
|
5/31/2012 |
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|
INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS) |
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|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
OTHER PRODUCTS PREMIUM PAYMENT |
TOTAL |
|
CLASS 5 |
$425,522,162.94 |
$138,989,482.87 |
N/A |
$3,156,841.10 |
######### |
$583,326,181.89 |
N/A |
N/A |
$1,191,098,242.72 |
|
CLASS 6.1 |
$13,941,750.51 |
$4,311,362.44 |
N/A |
$9,000.00 |
$3,019,443.85 |
$7,950,418.48 |
N/A |
N/A |
$29,231,975.28 |
|
CLASS 6.2 |
$3,521,000.00 |
$230,500.00 |
$1,176,000.00 |
$0.00 |
$114,800.00 |
$2,384,550.00 |
N/A |
N/A |
$7,426,850.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$107,300.00 |
N/A |
N/A |
N/A |
$107,300.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$373,800.00 |
N/A |
N/A |
N/A |
$373,800.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$21,417,517.39 |
$0.00 |
N/A |
N/A |
$21,417,517.39 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,757,145.10 |
N/A |
$2,856,500.00 |
$14,175,000.00 |
$18,918,645.10 |
|
CLASS 10.2 / 10.2 |
$6,000.00 |
N/A |
N/A |
N/A |
$155,850.00 |
N/A |
$219,625.00 |
$1,050,875.00 |
$1,432,350.00 |
|
TOTAL |
$443,120,913.45 |
$143,531,345.31 |
$1,176,000.00 |
$3,165,841.10 |
######### |
$593,661,150.37 |
$3,076,125.00 |
$15,225,875.00 |
$1,270,006,680.49 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,418 |
28,092 |
N/A |
638 |
20,258 |
28,028 |
N/A |
N/A |
98,434 |
|
CLASS 6.1 |
1,165 |
1,454 |
N/A |
3 |
2,526 |
748 |
N/A |
N/A |
5,896 |
|
CLASS 6.2 |
503 |
126 |
393 |
0 |
164 |
591 |
N/A |
N/A |
1,777 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
90 |
N/A |
N/A |
N/A |
90 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
623 |
N/A |
N/A |
N/A |
623 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
12,964 |
0 |
N/A |
N/A |
12,964 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,758 |
N/A |
475 |
497 |
2,756 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,114 |
29,672 |
393 |
641 |
38,644 |
29,367 |
539 |
561 |
122,931 |
5. 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.