CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 10, No. 3, May 31, 2013
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 100th e-newsletter (Vol. 10, No. 3) 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.
To contact the CAC, use the email address: info@tortcomm.org or dpend440@aol.com. You can also contact the CAC directly at 419-394-0717.
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IN MEMORIAM – DAVID AUSTERN
We are very sad to report that David Austern, our friend and colleague who served as the Claims Administrator for this settlement from 2005 – 2011, passed away on May 16, 2013. Though David retired as the Claims Administrator in 2011, he continued to remain active with the settlement trust up until his death. His advice, patience, and wisdom helped all of us get through some difficult times when the settlement facility offices first opened, and we are forever grateful and indebted to him for that. His concern was always for the claimants and the employees of the Settlement Facility, to make sure that the Plan was administered fairly, and to make sure that every claimant was heard and listened to. He was an amazing mentor to the employees at the settlement facility, and his legacy lives on with our current Claims Administrator and staff whom he trained.
Most people didn't know that David had a long history of volunteer service to victims of crime. He was the Chair of the American Bar Association's Victim's Committee, the President of the National Center for Victims of Crime, and received a Leadership Award for extraordinary service in 2011 from the NCVC. He was also an author and leading expert in mass tort claims resolutions, a devoted and loving husband, father, and grandfather. David will be greatly missed by all of us who knew and loved him. His full life summary can be read at www.legacy.com/obituaries/washingtonpost/obituary.aspx?pid=164824708 or www.washingtopost.com/local/obituaries.
1. STATUS OF PREMIUM PAYMENTS
There is, unfortunately, no news or developments on the issue of when Premium Payments will be made. The motion filed by the Finance Committee is still under advisement by the District Court. We must assume that the District Court is not inclined to rule on the motion at this time. We do not know the reasons for this, but it may be because there is still an appeal pending before the U.S. Court of Appeals for the 6th Circuit involving the issue of whether the claimants or Dow Corning should be credited with the interest earned on the Initial Payments to the settlement trust.
The CAC remains committed to getting Premium Payments approved and issued to eligible claimants. We are considering our options and will continue to update you on the status of this very important issue.
2. 6TH CIRCUIT APPEAL STATUS
We previously reported that on March 8, 2013, the Court of Appeals for the 6th Circuit issued a ruling on Dow Corning's appeal of the interest payment dispute. The appeal concerned a decision by the District Court stating that Dow Corning was not entitled to a credit towards their payment obligations for the amount of interest earned on the Initial Payment to the Settlement Fund. The Court of Appeals issued a favorable ruling to the CAC's position but unfortunately didn't entirely resolve this issue. The CAC filed a Petition for a Rehearing and Rehearing En Banc, asking the same panel of judges or the entire court to reconsider its decision and to expressly rule on whether Dow Corning is entitled to an adjustment for the Initial Payment. That petition is currently under review by the Court of Appeals.
Copies of the 6th Circuit's ruling and the CAC's petition are available on the CAC website (www.tortcomm.org).
3. REMINDER: THE EXPLANT DEADLINE IS JUNE 2, 2014
The Settlement Facility mailed letters to Class 5 and 6 claimants on April 26, 2013 reminding them of the Explant Deadline of June 2, 2014.
What is the Explant Deadline? To be eligible for the $5,000 Explant benefit (Class 5 only), you must have your Dow Corning breast implant removed by June 2, 2014 and you cannot receive another silicone gel breast implant after that. To file a claim, you must submit the Explant Form and the operative statement from the Explant surgery. Only claimants in Class 5 and 6.1 (non-U.S. Dow Corning breast implant claimants) are eligible for the Explant Payment.
June 2, 2014 may seem like a long time away, but our experience has been that it often takes up to 6 months or more to schedule an appointment with your surgeon, schedule the surgery, and obtain the necessary medical reports (such as the Operative Report) to submit a claim by the deadline.
If your Dow Corning breast implant is not removed by June 2, 2014, then you cannot apply for the Explant benefit.
The approval rate for Explant claims is very high – over 99% of Class 5 claims have been approved. The ones that have been denied are primarily because claimants were re-implanted with a silicone gel breast implant. Please remember that if you choose to get another silicone gel breast implant, then you cannot be compensated for the Explant payment.
Claim forms are available on both the CAC website (www.tortcomm.org) and the Settlement Facility website (www.sfdct.com).
4. STATUS OF PAYMENTS TO CLASS 7 APPROVED DISEASE CLAIMS
We do not have an update on the status of the remaining Class 7 payments. All Class 7 Expedited Release Payments and Cash-Out Payments have been issued. The remaining payment in question is only is for claimants who rejected the Cash-Out offer, had their disease claim reviewed in full and are approved for payment. We will report more on this issue in June.
5. PLEASE KEEP YOUR ADDRESS AND CONTACT INFORMATION CURRENT WITH THE SETTLEMENT FACILITY
It is very important that you keep your address and contact information current with the Settlement Facility. If you change your name, address or other contact information, please send an email to the Settlement Facility at: info@sfdct.com. Hundreds of letters and checks for benefits are returned to the Settlement Facility every year because claimants have moved and have not provided a new address. You will permanently lose your right to any approved payment that is returned and not cashed by the end of the Settlement Facility in 2019.
Also, if a claimant has passed away, their estate can still recover benefits. For more information, contact the Settlement Facility at info@sfdct.com and contact a probate attorney in the local area where the claimant resided. Before a payment for a deceased claimant can be issued, you will first have to be established as the court appointed Personal Representative of the estate.
6. CLAIMS REPORT THRU APRIL 2013
The Settlement Facility has released information about the status of claims processing and payments through April 30, 2013, The information is summarized below:
Through April 30, 2013, the SF-DCT has received 79,607 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,668 or 82.49% have acceptable proof of at least one Dow Corning breast implant. Of the 65,668 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,909 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
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CLASS 5, 6.1 AND 6.2 |
(EXCLUSIVE OF NOI PAYMENTS) |
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|
|
(DOW CORNING BREAST IMPLANT CLAIMS) |
NUMBER OF CLAIMS PAID THROUGH APR 30, 2013 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH APR 30, 2013 |
|
RUPTURE |
21,909 |
71% | 40% |
$ 421,647,223.94 |
|
EXPLANT |
28,695 |
99% | 96% |
$ 138,887,935.07 |
|
EXPLANT ASSISTANCE |
616 |
92% | 83% |
$ 3,043,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
292 |
N/A | 92% |
$ 658,400.00 |
|
EXPEDITED RELEASE |
24,302 |
92% | 88% |
$ 44,586,006.43 |
|
DISEASE OPTION 1 |
28,352 |
84% | 70% |
$ 418,056,391.03 |
|
DISEASE OPTION 2 |
1,447 |
31% | 23% |
$ 185,724,209.42 |
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|
|
|
|
|
|
|
|
|
|
TOTAL |
105,343 |
N/A |
$ 1,212,603,806.99 |
TOTAL PAYMENTS, ALL CLASSES, SINCE JUNE 1, 2004:
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4/30/2013 |
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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 |
$425,756,247.19 |
$139,702,282.87 |
N/A |
$3,206,841.10 |
$40,750,622.58 |
$592,968,581.97 |
N/A |
N/A |
$1,202,384,575.71 |
|
CLASS 6.1 |
$13,989,750.51 |
$4,347,969.90 |
N/A |
$12,000.00 |
$3,054,243.85 |
$8,366,218.48 |
N/A |
N/A |
$29,770,182.74 |
|
CLASS 6.2 |
$3,598,000.00 |
$239,250.00 |
$1,209,000.00 |
$0.00 |
$141,400.00 |
$2,445,800.00 |
N/A |
N/A |
$7,633,450.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$112,600.00 |
N/A |
N/A |
N/A |
$112,600.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$404,400.00 |
N/A |
N/A |
N/A |
$404,400.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,757,486.79 |
$0.00 |
N/A |
N/A |
$22,757,486.79 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,758,145.10 |
N/A |
$2,866,500.00 |
$14,215,000.00 |
$18,969,645.10 |
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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 |
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TOTAL |
$443,479,997.70 |
$144,289,502.77 |
$1,209,000.00 |
$3,218,841.10 |
$69,134,748.32 |
$603,780,600.45 |
$3,086,125.00 |
$15,265,875.00 |
$1,283,464,690.34 |
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|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
|
TOTAL |
|
CLASS 5 |
21,430 |
28,236 |
N/A |
648 |
20,583 |
28,406 |
N/A |
N/A |
99,303 |
|
CLASS 6.1 |
1,169 |
1,467 |
N/A |
4 |
2,555 |
783 |
N/A |
N/A |
5,978 |
|
CLASS 6.2 |
514 |
131 |
404 |
0 |
202 |
608 |
N/A |
N/A |
1,859 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
95 |
N/A |
N/A |
N/A |
95 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
674 |
N/A |
N/A |
N/A |
674 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,828 |
0 |
N/A |
N/A |
13,828 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,759 |
N/A |
476 |
498 |
2,759 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,141 |
29,834 |
404 |
652 |
39,957 |
29,797 |
540 |
562 |
124,887 |
7. 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.
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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) |
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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.