CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 9, No. 6, July 31, 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 94th e-newsletter (Vol. 9, 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 or to reply to this newsletter, send an email to:  info@tortcomm.orgPlease 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

 

Unfortunately, we do not have any news about when the District Court will rule on the pending motion to authorize Premium Payments.  The Supplemental Motion was filed in October 2011, the briefing was completed in January 2012, and oral argument was held in mid-January 2012.  It is not unusual for a motion to take up to one year, or in some cases more than that, before a ruling is issued.  We have asked the District Court to expedite the matter, but we do not have the ability to control the timing of these things.  We appreciate your patience.  When we receive a ruling, we will send an e-newsletter and update our website.

 

2.      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.

 

Through JUNE 30, 2012, the SF-DCT has received 77,790 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims).  Of this number, 65,560 or 84.28% have acceptable proof of at least one Dow Corning breast implant.  Of the 65,560 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,888 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 JUNE 30, 2012

PERCENTAGE OF CLAIMS APPROVED      CLASS 5  | CLASS 6

TOTAL $$ PAID IN CATEGORY THROUGH JUNE 30, 2012

RUPTURE

21,888

71% | 40%

$     421,389,823.94

EXPLANT

28,557

99% | 96%

 $    138,240,527.61

EXPLANT ASSISTANCE

    606

92% | 80%

 $       2,995,641.10

INCREASED EXPLANT (6.2 ONLY)

   282

N/A | 92%

 $          843,000.00

EXPEDITED RELEASE

           23,634

92% | 88%

 $     43,710,007.77

DISEASE OPTION 1

           27,990

84% | 70%

 $   412,988,308.98

DISEASE OPTION 2

 1,410  

30% | 15%

 $   181,445,159.42

 

 

 

 

 

 

 

 

TOTAL

104,367

N/A

 $   1,201,612,468.82

 

 

CLASS 7 PAYMENTS

 

This chart details the number of claims filed in Class 7, the number of claimants who were paid the $600 Expedited Release Payment, and the number of Claimants who accepted the $3,000 Disease Cash-Out Offer, among other information.  To date, almost 13,000 claimants have been paid their final payment from Class 7.  Approximately 2,000 claimants rejected the Disease Cash-Out Offer and elected to proceed with a full review of their disease claim.  These claims have been reviewed, and the claimants were notified of their status; however, no payments have been issued to this group (see below).

 

 

Class 7 - Silicone Gel Material Claims

# Class 7 Forms Filed

55,939

Failed Prescreen - Ineligible Implant -

Failed Marshalling

       37,727

Foreign Gel Claims Approved & Paid $600

    712

Expedited Release Claims Approved & Paid $600

  6,592

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

  7,592

TOTAL PAYMENTS OR CASH-OUT OFFERS

       14,896

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

       12,986

TOTAL AMT PAID as of 06-30-12

$21,461,917.39

 

 

CLASS 7 CLAIMANTS WHO REJECTED THE DISEASE CASH-OUT OFFER:

 

This section applies only to those claimants who rejected the Disease Cash-Out Payment and elected a full review of their disease claim.

 

The Settlement Facility hired an outside vendor to audit its claims processing files and procedures last year. During this audit, it was discovered that a large number of claim forms had been submitted to the SF-DCT in Class 7, but had not been processed or reviewed because of software errors and other reasons.  At the time the audit results were released to the CAC last fall, the SF-DCT had been planning to issue payments to approved disease claims in Class 7, and we reported this in our newsletter.  However, because Class 7 is a capped fund, the SF-DCT later determined that payments could not be made until a further analysis of the un-reviewed claims was completed.  Fortunately, it was determined that a large number of these claims did not need any further review for various reasons.  For example, if a claimant had already been paid by the MDL settlement and could not recover any additional money from the SF-DCT, then the claim did not need any further review.  There were, however, a small number of claims that did require a review of the Proof of Manufacturer and disease claim.  The SF-DCT began this review and is on track to complete it this year.  When this is completed,  we will have more information from the SF-DCT about when payments will begin.  Their present goal is to seek authority from the District Court to make Class 7 payments this fall.  We will post any news or developments about this in our newsletter and on our website.

 

 

TOTAL PAYMENTS TO ALL CLAIMANTS, ALL CLASSES:

 

6/30/2012

 

 

 

 

 

 

 

 

 

INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS)

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

OTHER PRODUCTS PREMIUM PAYMENT

TOTAL

CLASS 5

$425,620,847.19

$139,099,482.87

N/A

$3,161,841.10

$40,173,323.92

$584,099,499.92

N/A

N/A

$1,192,154,995.00

CLASS 6.1

$13,941,750.51

$4,311,362.44

N/A

$9,000.00

$3,025,443.85

$7,956,418.48

N/A

N/A

$29,243,975.28

CLASS 6.2

$3,528,000.00

$232,250.00

$1,176,000.00

$0.00

$121,800.00

$2,377,550.00

N/A

N/A

$7,435,600.00

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

$373,200.00

N/A

N/A

N/A

$373,200.00

CLASS 7

N/A

N/A

N/A

N/A

$21,461,917.39

$0.00

N/A

N/A

$21,461,917.39

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

$443,226,597.70

$143,643,095.31

$1,176,000.00

$3,170,841.10

$67,175,980.26

$594,433,468.40

$3,076,125.00

$15,225,875.00

$1,271,127,982.77

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

TOTAL

CLASS 5

21,422

28,114

N/A

639

20,293

28,061

N/A

N/A

98,529

CLASS 6.1

1,165

1,454

N/A

3

2,531

749

N/A

N/A

5,902

CLASS 6.2

504

127

393

0

174

590

N/A

N/A

1,788

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

622

N/A

N/A

N/A

622

CLASS 7

N/A

N/A

N/A

N/A

12,986

0

N/A

N/A

12,986

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

23,119

29,695

393

642

38,715

29,400

539

561

123,064

 

3.     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.