This is the 29th e-newsletter (Vol. 3, No. 9) 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.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. UPDATE ON CLAIMS PROCESSING AND PAYMENT

The Settlement Facility has released information about the status of claims processing and payment through September 30, 2006. The information is summarized below.

Through September 30, 2006, the Settlement Facility received 70,217 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (these are the classes for Dow Corning breast implant claimants in the U.S. (Class 5) and in other countries (Classes 6.1 and 6.2)). Approximately 62,243 of these are for U.S. claimants. The Settlement Facility has completed reviews on 91% of these claims. Of the 70,217 claims, 54,577 or 85% have acceptable proof of a Dow Corning breast implant.

Note: The approval percentages for Disease Options 1 and 2 include those claims that were previously approved by the MDL 926 Claims Office and are “pass throughs” in the Settlement Facility (i.e., the claimant had an implant from Bristol, Baxter or 3M and a breast implant from Dow Corning and has applied to receive 50% of her disease award in the Dow Corning case). As a result, the percentage of approved disease claims processed by the Settlement Facility is actually lower.

The Settlement Facility is working to identify those claimants that are eligible for Class 7 based on their Proof of Manufacturer documentation and information about prior settlements or compensation received through the Revised Settlement Program. The Settlement Facility will begin sending letters and payments to claimants who selected Expedited Release later this year. We do not know what the exact amount of the payment will be at this time. We will keep you posted on developments.

The Settlement Facility is currently issuing payments for approved Expedited Release and Medical Condition claims. In a Claims Administrator’s note posted on the Settlement Facility website on October 10, 2006, it states that, “Pursuant to Annex A, Section 6.03 (i) (iii), regarding administrative costs for processing Classes 9 and 10, the Claims Administrator has determined that in order to avoid unnecessary administrative costs, Claimants who have approved claims in these classes will be paid quarterly beginning in the December 2006 payment cycle.”

2. NEW AFFIRMATIVE STATEMENT LIST FOR PROOF OF DOW CORNING BREAST IMPLANT – UPDATED SEPTEMBER 2006

The Settlement Facility recently provided an updated list of names of doctors who executed an “affirmative statement” about their implant usage and indicated that they used only Dow Corning breast implants during the years designated in the right hand column. The list is current through September 2006. If your doctor’s name appears on this list and you can demonstrate you were implanted by that doctor during the time period in question, then you may be able to rely on the affirmative statement the doctor submitted for another claimant to “piggy back” off it and have your product ID accepted.

3. NEW MOTION FILED REGARDING THE CAC’S MOTION ON DISABILITY LEVEL A CLAIMS

The following motion was recently filed with the Court: Dow Corning Motion to Strike Certain Submissions and Arguments of the CAC and Plaintiffs’ Counsel From The Record In Connection With The Disability Level A Proceedings – Dow Corning filed a motion seeking to strike certain documents submitted by the CAC and other plaintiffs’ counsel regarding the Disability Level A dispute. The CAC filed a Response to the Motion on October 24, 2006 noting that Dow Corning’s motion was untimely and procedurally deficient since it sought to strike documents that are not “pleadings” within the definition of Federal Rule of Civil Procedure 12(f). Also, the CAC pointed out that Dow Corning’s motion was really an attempt to reargue the Disability A issue even though the pleadings and hearing on this matter are now closed.

A copy of these documents are or will soon be on the CAC website (www.tortcomm.org) under the heading “Pending Motions.”

4. DISPUTED LATE CLAIM PLEADINGS

Group 1 Late Claims (late claim requests received by September 30, 2005)

The first round of Objections and Replies regarding disputed late claimants in Group 1 was filed in August 2006. The CAC filed a Reply seeking the court’s allowance of certain late claims that were initially filed in the MDL 926 global proceedings but were not technically filed in the bankruptcy case. A copy of the CAC’s Omnibus Reply is on the CAC website under “Late Claims.” The current status is that a Scheduling Order for this group of claims is pending with the Court and will be entered soon. This means that claimants in Group 1 will need to identify witness and exhibit lists and prepare for a hearing on their late claim request.

Group 2 (late claim requests received from October 2005 through February 24, 2006)

Scheduling Orders for the second group of late claimants, i.e., late claim requests sent to the court from October 2005 through February 24, 2006, have been entered. Both Dow Corning and the CAC have filed separate documents outlining their respective positions concerning these late claims (copies of the pleadings are or soon will be on the CAC website under “Late Claims”). Late claimants in Group 2 must file a Response Form and pleading in response to the Objections on or by November 10, 2006. A copy of the Response Form is available to download on the CAC website under “Late Claims.” Only those claimants specifically identified in Group 2 need to respond to this deadline.

Group 3 (late claim requests received from February 25, 2006 through May 30, 2006)

The third group of late claim requests, i.e., late claim requests sent to the court from February 25, 2006 through May 30, 2006, are in the process of having a late claim file opened by the court and claimants will soon be notified of what they need to do.

Late Claim Orders

The Court recently entered two Orders dismissing certain late claims either 1) because the claimant did not respond or submit anything further to pursue her late claim request or 2) the late claimant had an implant that was ineligible for settlement benefits or an implant that was eligible for Class 7 but, because of the marshalling provisions, it was highly unlikely that she would have received any compensation. Copies of these orders are available on the CAC website under “Late Claims” or under “Court Orders.”

NOTE: Late claims are NOT the same as “NOI claims.” Late claims are persons who did not file a Proof of Claim or Notice of Intent Form in the bankruptcy case on or before August 30, 2004. “NOI Claims” are those persons who DID file a Notice of Intent form before August 30, 2004, but Dow Corning has filed an objection stating that these claims should not be eligible for explant, rupture or expedited release. The CAC is continuing to work to resolve this issue with Dow Corning. We will have an update on this issue soon.

5. PREMIUM PAYMENTS

Claimants and attorneys have asked, “When will Premium Payments be made? and why aren’t Premium Payments being made right now?” Premium Payments are defined in the Plan Documents as, “that portion of a Disease or Rupture Payment for Breast Implant Claimants or Medical Condition Payment for Covered Other Product Claimants designated as a Premium Payment on the Settlement Grid. A Premium Payment shall be a Second Priority Payment.” Claims Resolution Procedures at § 1.05. Basically, a Premium Payment is an additional payment of up to 20% of the Disease and Rupture awards that may be paid to claimants in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claimants) or up to 20% of the approved Medical Condition claim for Covered Other Products (Classes 9 and 10).

The Plan Documents provide guidance on the process for allowing these types of claims to be paid. Section 7.03(a) of the SFA provides that the Finance Committee initiates the process for paying Premium Payments by filing a recommendation and motion with the District Court requesting authorization. To assist the Finance Committee, the Plan provides that an “Independent Assessor” shall be appointed to oversee and make recommendations concerning the development of projected funding requirements and the assessment of the availability or adequacy of assets. The Finance Committee’s recommendation and motion must be accompanied by a detailed accounting of the status of claim payments and distributions under both the Settlement and Litigation Facilities. Thereafter, the parties (Debtor’s Representatives and CAC) have an opportunity to be heard on the matter. Section 7.03(a) further provides that before Premium Payments may be allowed, the court must determine that all Allowed and allowable First Priority Claims and all Allowed and allowable Litigation Payments have been paid or that adequate provision has been made to assure such payment (along with administrative costs) based on the available assets.

At this time, neither the Independent Assessor nor the Finance Committee has made any decisions regarding the payment of Premium Payments. A decision on this issue is not expected this year. It is important to remember that the CAC cannot request that the court order Premium Payments to be made; only the Finance Committee has this authority under the Plan.

Claimants who may be eligible for a Premium Payment (i.e., those claimants with an approved Rupture and/or approved Disease claim in Class 5/6) keep their contact information current with the Settlement Facility.

IF YOU MOVE OR CHANGE YOUR NAME / ADDRESS, PLEASE NOTIFY YOUR ATTORNEY (IF YOU ARE REPRESENTED) OR THE SETTLEMENT FACILITY DIRECTLY (FOR THOSE CLAIMANTS WHO ARE NOT REPRESENTED). IT IS VERY IMPORTANT THAT YOU KEEP YOUR INFORMATION CURRENT.

6. CLAIMANT INFORMATION MEETING IN ENGLAND

The Claims Administrator has scheduled a claimant and attorney informational meeting in Manchester, England for NOVEMBER 1, 2006. Melissa Ferrari, the foreign claimant liaison attorney to the CAC (who resides in Germany) will attend on behalf of the CAC. Information about the meeting is available on the Settlement Facility website at www.tortcomm.org. Foreign claim issues may be directed to Melissa at: mferrari@ferrari-law.com.

7. DEADLINES TO FILE CLAIMS

Please mark your calendar with the claim submission deadlines. Please note that most of these deadlines mean that your claim forms and materials must be received by the appropriate entity 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.

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

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.