Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.
CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 4, No. 1, January 12, 2007
This is the 31st e-newsletter (Vol. 4, No. 1) 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: firstname.lastname@example.org. Please do not hit “Reply” to this email address. Please use the email address: email@example.com.
Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at firstname.lastname@example.org or 866-874-6099. The Claimants’ Advisory Committee does not have access to individual claimant files to answer these kinds of questions.
1. LIMITED EXTENSION OF THE JANUARY 17, 2007 CURE DEADLINE
The Claimants’ Advisory Committee has finalized a proposed Agreed Order that would provide a LIMITED EXTENSION of the January 17, 2007 cure deadline. The proposed Agreed Order is being submitted to the Court today (January 12, 2007) with a request that the Court enter it ASAP. As soon as the Order is entered, we will send another newsletter informing you of this. Please note that Monday, January 15, 2007 is a federal holiday and courts are closed so the Order, if it is not signed today, may not be entered until January 16 or 17th. Claimants with a deficiency are urged not to wait until the final cure deadline to submit documents to cure their deficiency. This creates a backlog at the SF-DCT and further delay in processing all claims. The cure deadline means that your documents must be received by the SF-DCT on or before the date of the deadline.
The proposed Agreed Order is not like prior Orders that extended the cure deadline. First, for most groups of claimants, this is the FINAL extension for curing deficiencies in EXPLANT, RUPTURE, and CLASS 9/10 claims (Class 9/10 is for COVERED OTHER PRODUCT CLAIMS such as hip, knee, etc.).
EXPLANT The proposed deadline to cure deficiencies in EXPLANT claims where the cure deadline either has already run or will run on or before March 18 is March 19, 2007. Claimants affected by the Agreed Order who do not cure their Explant deficiency on or by March 19, 2007 will have their Explant claim permanently denied.
RUPTURE The proposed cure deadline to cure deficiencies in RUPTURE claims is staggered based on the type of deficiency a claimant received. Please read this carefully:
Category A – claimants who received a Notification of Status letter from the SF-DCT stating their either (1) their Rupture claim was deficient because they did not submit the operative or pathology report required by the Plan, or (2) did not have their Dow Corning implant removed, AND whose cure deadline has or will run on or by March 18, 2007 will have a new and final cure deadline of March 19, 2007.
Category B – claimants who are not in Category A and who have a cure deadline that has already run or will run on or before May 6, 2007 will be in Category B. Beginning on February 1, 2007, the Claims Administrator will identify groups of claimants in Category B and provide them with at least 90 days notice of a new cure deadline. Thereafter, on a monthly basis, the Claims Administrator will send notices to the next group of claimants in Category B and identify a final cure deadline that is at least 90 days from the date of notice.
Claimants who do not cure their Rupture deficiency on or before the deadline in their new Notification letter will have their Rupture claim permanently denied.
DISEASE Claimants with a disease claim whose cure deadline has or will run on or before June 17, 2007 will have a new cure deadline of JUNE 18, 2007. The Claims Administrator and parties are working to finalize a document suitable for distribution to claimants concerning disease and disability criteria. After distribution of this document, the Claims Administrator and parties will establish a schedule for final cure deadlines for all disease claims in Classes 5, 6.1 and 6.2.
CLAIMANTS IN CLASSES 9 AND 10 (COVERED OTHER PRODUCTS)
Claimants in Classes 9, 10.1 and 10.2 whose cure deadline has or will run on or prior to February 19, 2007 will have their cure deadline re-set to February 20, 2007. This is a final extension of cure deadlines for claimants in Classes 9, 10.1 and 10.2. Claimants in this group who do not submit the required documentation on or by February 20, 2007 will have their claim permanently denied.
2. 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.
||Type of Deadline
|June 1, 2007
||Expedited Release submission deadline – Classes 5, 6.1 and 6.2
|June 2, 2014
||Explant Claims submission deadline for Classes 5, 6.1 and 6.2
|June 3, 2019
||Disease Claim submission deadline for Classes 5, 6.1 and 6.2
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Claimants’ Advisory Committee
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St. Marys, Ohio 45885
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