CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 14, No. 11, September 7, 2017
Like or Follow us on Facebook at: https://www.facebook.com/ClaimantsAdvisoryCommittee
Email: info@tortcomm.org or
Phone: (419) 394-0717 or
Website: www.tortcomm.org
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
This is the 147th e-newsletter (Vol. 14, No. 11) 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.
SETTLEMENT FACILITY OFFICES RE-OPEN
We are happy to report that the Settlement Facility offices re-opened on Wednesday, Sept. 6th. The offices files were not damaged and were never in jeopardy. The staff is safe and accounted for, although several experienced flooding and property damage, and they are understandably working through the flood issues with their family. The Settlement Facility is open to phone, email, and regular mail service.
Claims processing and payments are continuing. If you or your attorney reside in a zip code that has been affected by the hurricane and/or flooding, the Settlement Facility will call you first to make sure you can receive mail at your home before they mail the payment or letter. If your address or other contact information changes as a result of this hurricane or for any other reason, please let the Settlement Facility know. Their email address is: info@sfdct.com, and their toll free phone number is: 1-866-874-6099.
CLAIMANTS' ADVISORY COMMITTEE ESTABLISHES FACEBOOK PAGE
The CAC has set up a Facebook page called "Claimants' Advisory Committee, Dow Corning Breast Implant Settlement." Our hope is to reach as many claimants as possible so that everyone is informed about the final claims deadline - June 3, 2019 - and to make sure that claimants who are "lost" to the Settlement Facility can be located. Hundreds of people move each year and forget to notify the Settlement Facility about their new address. When mail is returned back to the Settlement Facility because of a bad address, the Settlement Facility searches various resources to try and locate each and every person. Despite their best efforts, thousands of people have not been located and their payments were not cashed. Please help us find everyone by following our Facebook page and encourage others to do so as well.
Please note that the page is an open, public forum, so any comments made by individuals will be seen by everyone. To protect your confidentiality, you can email us privately with any questions about the settlement at info@tortcomm.org. Here is the link to the CAC Facebook page:
https://www.facebook.com/ClaimantsAdvisoryCommittee
Our website at www.tortcomm.org will remain the primary way to access documents, information, and orders.
REMINDER: THE FINAL DEADLINE TO SUBMIT NEW CLAIMS
IS JUNE 3, 2019
The final deadline to submit a new claim for either Expedited Release or Disease is June 3, 2019. This means that your claim form and supporting documents must be postmarked on or before June 3, 2019. If they are postmarked after this date, the claim will be permanently denied.
Here is the link to download the Expedited Release / Disease claim form and Instructions: http://www.tortcomm.org/sfdct_forms.shtml
The Expedited Release / Disease claim form is available in English and for claimants in Classes 6.1 and 6.2 (non-U.S. countries), the claim form and instructions are available in German, French, Swedish, Dutch, Portuguese, and Spanish.
REMEMBER TO ALSO SUBMIT YOUR PROOF OF MANUFACTURER FORM
All claimants who apply for Expedited Release or Disease must also submit a Proof of Manufacturer Form and supporting records that show you had or have a Dow Corning breast implant. The deadline to submit the Proof of Manufacturer form and supporting documents is June 3, 2019. If you do not submit a Proof of Manufacturer form and supporting documents, your claim for Expedited Release / Disease will not be reviewed or paid.
The Proof of Manufacturer form and Instructions can be downloaded here: http://www.tortcomm.org/sfdct_forms.shtml
CURRENT CLAIMS PAYMENT REPORT
As of July 31, 2017, the Settlement Facility has paid out approximately $1.37 billion for 136,426 claims. The chart below lists the number of claims paid out by benefit and class and the total dollars paid for approved claims. In Class 5 (U.S. women), 23,215 women elected the $2,000 Expedited Release Payment, and 29,483 were approved for a Disease claim.
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7/31/2017 |
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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 |
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CLASS 5 |
$427,336,547.19 |
$146,623,028.39 |
N/A |
$4,206,791.10 |
$45,975,099.00 |
$620,205,041.54 |
N/A |
N/A |
$1,244,346,507.22 |
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CLASS 6.1 |
$14,184,750.51 |
$4,614,969.90 |
N/A |
$12,000.00 |
$3,329,542.85 |
$9,623,218.48 |
N/A |
N/A |
$31,764,481.74 |
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CLASS 6.2 |
$3,703,000.00 |
$251,500.00 |
$1,314,000.00 |
$15,000.00 |
$175,700.00 |
$4,480,350.00 |
N/A |
N/A |
$9,939,550.00 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$119,800.00 |
N/A |
N/A |
N/A |
$119,800.00 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$517,200.00 |
N/A |
N/A |
N/A |
$517,200.00 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$25,598,986.79 |
$13,536,922.72 |
N/A |
N/A |
$39,135,909.51 |
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CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,762,145.10 |
N/A |
$2,866,500.00 |
$14,215,000.00 |
$18,973,645.10 |
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CLASS 10.2 / 10.2 |
$6,000.00 |
N/A |
N/A |
N/A |
$155,850.00 |
N/A |
$224,125.00 |
$1,050,875.00 |
$1,436,850.00 |
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TOTAL |
$445,360,297.70 |
$151,489,498.29 |
$1,314,000.00 |
$4,233,791.10 |
$77,634,323.74 |
$647,845,532.74 |
$3,090,625.00 |
$15,265,875.00 |
$1,346,233,943.57 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
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CLASS 5 |
21,512 |
29,630 |
N/A |
848 |
23,215 |
29,483 |
N/A |
N/A |
104,688 |
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CLASS 6.1 |
1,187 |
1,556 |
N/A |
4 |
2,785 |
1,012 |
N/A |
N/A |
6,544 |
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CLASS 6.2 |
529 |
138 |
438 |
5 |
251 |
1,174 |
N/A |
N/A |
2,535 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
101 |
N/A |
N/A |
N/A |
101 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
862 |
N/A |
N/A |
N/A |
862 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
16,829 |
1,712 |
N/A |
N/A |
18,541 |
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CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,763 |
N/A |
476 |
498 |
2,763 |
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CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
65 |
64 |
392 |
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TOTAL |
23,256 |
31,324 |
438 |
857 |
46,067 |
33,381 |
541 |
562 |
136,426 |
DEADLINE AND OTHER REMINDERS
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KEEP CONTACT INFORMATION UPDATED WITH THE SETTLEMENT FACILITY: Keep all information regarding a claimant's name, address, phone number, email address, and attorney information current with the Settlement Facility. Attorneys and law firms should also keep their contact information current with the Settlement Facility. Many claimants have been approved for payments but they have moved and have not provided a current address. Send all updates to the Settlement Facility at: Settlement Facility, P.O. Box 52429, Houston, TX 77052 or by email to: info@sfdct.com. |
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PROBATE INFORMATION (BENEFITS PAYABLE AFTER A CLAIMANT'S DEATH): If a claimant has died, her estate can receive the claimant's approved payments, but they must certain necessary documents from the probate court. For more information on what the Settlement Facility needs, contact them toll free at: 1-866-874-6099 or by email at info@sfdct.com. |
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ATTORNEY FEE LIMITS AND EXPENSES: The Plan sets a cap on the attorney fees payable to your attorney (if you were represented individually on your claim). The fee limits are: 10% of the first $10,000; 22.5% of the next $40,000; and 30% of amounts in excess of $50,000. The Plan also lists the types of expenses that attorneys can charge. For more information on allowable fees and expenses, review the Claimant Information Guide at Section 11 (http://www.tortcomm.org/downloads/CIG_ENG_5.pdf. |
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EXPLANT ASSISTANCE: The Explant Assistance program in the Dow Corning Settlement Facility expired in 2014. In addition, the MDL 926 Revised Settlement Program that covered other manufacturers like Bristol, Baxter, and 3M closed in 2010 so there are NO explant benefits available from either settlement. HOWEVER, if you still are implanted and need financial assistance to have the breast implants removed, you may be eligible for some financial assistance from a separate program. Contact Jeff Condra at jcondra@oplc.org for more information. |
Please mark your calendar with the following claim submission deadline. Please note that this deadline means that your claim forms and supporting documents must be postmarked on or before the posted deadline. Please mail all forms early enough so your claim will not be late.
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Deadline Date |
Type of Deadline |
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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) Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2. |
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.
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.