CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 16 No. 1, January 15, 2019
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Phone: (419) 394-0717 or
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
FINAL CLAIMS DEADLINE JUNE 3, 2019
We are less than 5 months away from the final claims filing deadline of June 3, 2019. All claim forms and supporting documents should be mailed with a postmark date of on or before June 3, 2019. The Settlement Facility and Appeals Judge have consistently denied late submissions. If your submission is late, it will be denied. There are no appeals allowed to the District Court.
Download claim forms for Proof of Manufacturer and Expedited Release / Disease claims on our website at or at . If you are applying for an Increased Severity Disease claim, there is no claim form for this. Submit an Increased Severity disease claim by sending in a letter requesting an Increased Severity review. Please note that this is the only claim that will be reviewed based on a letter. You must use the Settlement Facility claim forms to submit Proof of Manufacturer and Expedited Release / Disease claims.
If you have any question at all about whether you are eligible to submit a claim, if you have a claim for payment that has not been cashed or is pending, or if you have any questions about your claim status or cure deadline, call the Settlement Facility now at 866-874-6099 or send them an email at . If you know it, have your SID number available to provide to the Settlement Facility. We urge everyone to take care of this now. The Settlement Facility is open Monday - Thursday from 10 am - 5 pm Eastern Time and on Fridays from 10 am - 4 pm Eastern Time.
DO NOT WAIT UNTIL THE LAST MINUTE. Get your papers and information in order now so that your claim is timely. Many claimants have had their claim denied because it was not submitted by the deadline, and as a result, they could not receive any payment on their claim.
CONFIRM YOUR CURRENT ADDRESS
The Settlement Facility is enacting a NEW POLICY that requires everyone - claimants and attorneys/law firms - to confirm their current address with them. This means that you must contact them and tell them your current mailing address. If you do not confirm your current address (and your client's current address), the Settlement Facility will NOT send you a payment until you do so. This is very important. If someone from the Settlement Facility writes or calls you asking to confirm your current address, please respond ASAP. If you have any questions about this policy, call the Settlement Facility toll free at 866-874-6099.
We urge everyone to call or email the Settlement Facility or send them a letter to confirm your address. If you know it, please have your SID number available. You do not need to fill out any form to update your address although the Settlement Facility has an updated contact form on their website. Again, you do not need to use this form but you can if you find it helpful.
Attorneys - you will need to confirm both your AND your client's current address. Some attorneys have reported difficulty in the past locating clients who have moved and/or changed names, so you need to start on this process now. There will likely be deadlines imposed on everyone to provide a current address since the Settlement Facility is closing to new claims on June 3, 2019, so take action now to account for every client's address and payments. We do not know at this time what those deadlines will be, but you should consider that the Settlement Facility may impose June 3, 2019 as the deadline for this. Confirm your current address and make sure it is kept current.
HOW CAN YOU STAY INFORMED FROM NOW UNTIL THE FINAL CLAIMS DEADLINE?
We post daily updates on our Facebook page --
This is the best way to stay informed. We urge you to like and follow our Facebook page and check it every day for updates, reminders, and new information. A lot will be happening over the next 4+ months. We will also continue to send our e-newsletters, but this will not be done as frequently as our Facebook updates.
Also, check our updated information, claim forms, court orders, information on attorneys willing to accept new clients, and other related matters on our website, . The Settlement Facility website also has a lot of information that you may find helpful - .
PREMIUM PAYMENT UPDATE
As noted in our December 2018 newsletter, the Court of Appeals affirmed the District Court's order that authorized partial Premium Payments to those who did not receive them in 2014-15. On January 7, 2019, the Court issued the mandate, which means that the order is final. There were no appeals. We are working with the Finance Committee to ensure that these court-ordered payments are sent out immediately. To avoid delay in getting your payment, call or email the Settlement Facility and confirm your current address with them. They will not mail any payment to you unless you do this. Even if you have not moved, you must call them and confirm your current address.
DEADLINE AND OTHER REMINDERS
CONTACT INFORMATION FOR THE SETTLEMENT FACILITY:
Send all claim forms, submissions, address changes, and all other documents to the Settlement Facility at: Settlement Facility, P.O. Box 52429, Houston, TX 77052
PHONE NUMBER: 866-874-6099 EMAIL: .
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 contain 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 .
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 (.
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.
Type of Deadline
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 because they are not allowed to file any claims pursuant to the Agreed Order Allowing Certain Late Claims Limited Rights to Participate in the Plan's Settlement Facility, dated Dec. 12, 2007).
Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2.
ALL claimants must submit a Proof of Manufacturer Form with supporting documents on or before June 3, 2019.
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 () 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.