Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.
CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 5, No. 3, March 23, 2008
This is the 43th e-newsletter (Vol. 5, 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 or to reply to this newsletter, send an email to: email@example.com. Please do not hit “Reply” to this email address. Please use the email address: firstname.lastname@example.org
Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at email@example.com or 866-874-6099. The Claimants’ Advisory Committee does not have access to individual claimant files to answer these kinds of questions.
1. URGENT REMINDER FOR CERTAIN POLYMYOSITIS AND DERMATOMYOSITIS CLAIMANTS – FINAL CURE DEADLINE OF APRIL 2, 2008
This is an URGENT REMINDER for all claimants who submitted a claim for either Polymyositis (PM) or Dermatomyositis (DM), AND who received a Notification of Status letter from the Settlement Facility – Dow Corning Trust (SF-DCT) that the claim was deficient, AND whose cure deadline has or will run on or before April 1, 2008: THE FINAL CURE DEADLINE TO ADDRESS ANY DEFICIENCIES IN YOUR CLAIM IS APRIL 2, 2008. The cure deadline does NOT apply to anyone who has not filed a disease claim yet. Claimants who have not submitted a disease claim can still apply for Polymyositis or Dermatomyositis until June 3, 2019.
Information on Polymyositis and Dermatomyositis claims criteria and processing is posted on the CAC website (www.tortcomm.org) under the navigator tab entitled “Disease Claims” and is also available on the SF-DCT website (www.dcsettlement.com or www.sfdct.com).
2. PROPOSED NEW CURE DEADLINE EXTENSION FOR GCTS, ANDS, SLE AND ACTD CLAIMS
The next scheduled release of disease information for General Connective Tissue Symptoms (GCTS) was supposed to be on April 1, 2008. The parties have jointly requested that the court extend this date and the remaining cure deadlines for ANDS, SLE and ACTD by one month. The new schedule will be:
- General Connective Tissue Symptoms (GCTS) – claims processing information will be released on May 1, 2008, and the final cure deadline for those persons whose cure deadline will run on or before November 2, 2008 is November 3, 2008.
- Atypical Neurological Disease Syndrome (ANDS) – claims processing information will be released on June 2, 2008, and the final cure deadline for those persons whose cure deadline will run on or before November 30, 2008 is December 1, 2008.
- Systemic Lupus Erythematosus (SLE) – claims processing information will be released on July 14, 2008, and the final cure deadline for those persons whose cure deadline will run on or before January 13, 2009 is January 14, 2009.
- Atyical Connective Tissue Disease (ACTD) – claims processing information will be released by September 2, 2008, and the final cure deadline for those persons whose cure deadline will run on or by March 1, 2009 is March 2, 2009.
A copy of the Order will be posted on the CAC website as soon as it is entered by the court. If you have any question about what deadline applies to your disease claim, please contact the Settlement Facility toll free at 1-866-874-6099.
3. SETTLEMENT FACILITY PAYMENTS TOTAL OVER $973 MILLION THROUGH FEBRUARY 2008
The Settlement Facility has released information about the status of claims processing and payments through February 29, 2008, The information is summarized below:
Through FEBRUARY 29, 2008, the SF-DCT has received 75,114 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 61,440 or 81.8% have acceptable proof of at least one Dow Corning breast implant. Of the 61,440 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 20,759 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
|CLASS 5, 6.1 AND 6.2 (EXCLUSIVE OF NOI PAYMENTS)
(DOW CORNING BREAST IMPLANT CLAIMS)
||NUMBER OF CLAIMS PAID THROUGH FEB 29, 2008
||PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6
||TOTAL $$ PAID IN CATEGORY THROUGH FEB 29, 2008
||71% | 45%
||99% | 94%
||90% | 50%
|INCREASED EXPLANT (6.2 ONLY)
||N/A | 88%
||90% | 73%
|DISEASE OPTION 1
||87% | 48%
|DISEASE OPTION 2
||79% | 22%
Class 7 – Silicone Gel Material Claims
Approximately 11,796 claimants in Class 7 – Silicone Gel Material Claims – have been approved for either an Expedited Release Payment ($600) or a Disease Cash-Out Offer ($3,000). Total payments to date from the Class 7 Fund are approximately $16 million. The total fund is $57.5 million NPV.
|Class 7 – Silicone Gel Material Claims
|# Class 7 Forms Filed
|# of claims that are NOT eligible based on POM review
|Foreign Gel Claims Approved & Paid $600
|Expedited Release Claims Approved & Paid $600
|# of Disease Cash-Out Offers of $3,000
|TOTAL PAYMENTS OR CASH-OUT OFFERS
|TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer)
|TOTAL AMT PAID as of 02/29/2008
Class 9 and 10 – Dow Corning Covered Other Products
Below is a chart showing the total number of Class 9 and 10 claims filed and paid to date:
CLASS 9, 10.1 AND 10.2
DCC "COVERED" OTHER PRODUCTS
NUMBER OF FORMS FILED
NUMBER OF CLAIMS REVIEWED
NUMBER OF CLAIMS APPROVED
# CLAIMS PAID 1ST PAYMENT
# CLAIMS PAID PREMIUM PAYMENT
PERCENTAGE OF CLAIMS APPROVED FOR 1ST PAYMENT
$ AMOUNT PAID 1ST PAYMENT
$ AMOUNT PAID PREMIUM PAYMENT
|PROOF OF MANUFACTURER
|INFLAMMATORY FOREIGN BODY RESP. (TMJ, finger, wrist, toe, knee & hip)
|IMPLANT FAILURE (TMJ, finger wrist, toe knee, hip & testicular)
Payment of NOI (Notice of Intent) Claims
||TOTAL FORMS FILED
||FORMS FILED WITH POM
||# CLAIMS PAID
||TOTAL AMT PAID
4. CLAIMS ADMINISTRATOR UPDATE POSTED ON SF-DCT WEBSITE
Claims Administrator's Desk
Last Updated: 03/13/2008 @ 8:18 AM
The SF-DCT is pleased to announce that Option 1 Disease processing for Class 5 & 6 is now current. Unfortunately, Option II Disease processing continues to have a significant backlog mainly due to the complexities involved in reviewing these claims. We are continuing our efforts, through training and other methods, to enhance our Option II processing capabilities.
If you have received a disease NOS letter, please remember to submit your documents prior to the cure deadline listed in your letter. Documents received after the applicable cure deadline will not be considered.
Class 7 Proof of Manufacturer will be completed in the next few months and we will begin processing Class 7 disease claims after that. However, if your claim is approved, payment can not be made until all Class 7 disease claims are reviewed and the one year deficiency cure deadline has expired. It may take two years or more to complete this process.
It is also important that you keep the SF-DCT informed when you move. Failure to provide us with your new address can delay your claim processing or may cause your benefit check to be returned.
5. QUESTIONS REGARDING PREMIUM PAYMENTS FOR CLASSES 5 AND 6 DOW CORNING BREAST IMPLANT CLAIMANTS
We continue to receive a number of questions from claimants asking when they may expect to receive their Premium Payment on their approved Rupture and/or Disease claim. We do not know when they will be approved by the Finance Committee and District Court. Section 7.03(a) of the Settlement Facility Agreement 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 have recommended that Premium Payments be paid.
6. DISABILITY LEVEL A ISSUE
Disease Option 1 Level A requires that the claimant establish she is totally disabled (100%) in vocation or self-care. As we have previously reported, the CAC has a pending motion concerning the interpretation and application of the Disability Level A criteria because it is being applied to require total disability in both vocation and self-care, which essentially makes it a standard of total disability in self-care because the self-care disability definition is so strict that if you meet it, it is highly unlikely that you can work.
We have seen several examples recently where the SF-DCT has interpreted total disability in a claimant’s vocation to mean totally disabled in the claimant’s primary employment and in her homemaking activities. We believe this is incorrect and are working to address it. If you have received a Notification of Status letter stating that you must document total disability in both your primary occupation and in your homemaking, please send us the underlying document. You can mail them to the CAC at P.O. Box 665, St. Marys, OH 45885, by email to firstname.lastname@example.org, or by fax to 419-394-1748.
7. REMINDER TO KEEP YOUR ADDRESS UPDATED WITH THE SF-DCT
It is very important that you keep your address and contact information updated with the Settlement Facility. The Settlement Facility reports that it receives hundreds of letters returned to it as undeliverable because the claimant and/or attorney has moved and failed to give the Settlement Facility a forwarding address. To update your name or address with the SFDCT, write a letter to them with your new contact information.
Law firms that represent claimants who have received a Rupture and/or Disease payment need to make sure to keep an updated address for your clients who are eligible to receive Premium Payments – if and when they are authorized to be paid. Premium Payments will be mailed to the claimant or, if they are represented, to the attorney of record.
8. DEADLINE REMINDERS!
Please mark your calendar with the following claim submission deadlines. Note that different deadlines apply to Notice of Intent (NOI) Claimants and Late Claimants. Please note that most of 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. 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
|April 2, 2008
||Cure Deadline for certain claimants who previously filed a claim for Polymyositis or Dermatomyositis (consult the SFDCT about your specific cure deadline)
|May 1, 2008
||Cure Deadline for certain claimants who previously filed a claim for Primary Sjogren’s Syndrome (PSS), Mixed Connective Tissue Disease (MCTD) or Overlap Syndrome (OS) (consult the SF-DCT about your specific cure deadline)
|July 21, 2008
||LATE CLAIM DEADLINE FOR CLASS 7, THE SILICONE MATERIAL CLAIMANT FUND and LATE CLAIM DEADLINE FOR CLASSES 9 AND 10, COVERED OTHER PRODUCTS FUND. This deadline only applies to Class 7, 9 and 10 Late Claimants listed in the Court’s Order of December 12, 2007.
|August 1, 2008
||Deadline for Other Product Claimants to submit documents to cure any deficiencies in their Proof of Manufacturer.
|August 18, 2008
||Cure Deadline for certain claimants who previously filed a claim for Systemic Sclerosis / Scleroderma (consult the SF-DCT about your specific cure deadline)
|October 20, 2008
||NOI CLAIMANTS’ Deadline to submit Explant and/or Rupture claims – Classes 5, 6.1 and 6.2 (this deadline only applies to NOI claimants; it does NOT apply to timely filed claimants)
|November 3, 2008
||Cure Deadline for certain claimants who previously filed a claim for General Connective Tissue Symptoms (consult the SF-DCT about your specific cure deadline)
|December 1, 2008
||Cure Deadline for certain claimants who previously filed a claim for Atypical Neurological Disease Syndrome (ANDS) (consult the SF-DCT about your specific cure deadline)
|January 14, 2009
||Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)
|January 21, 2009
||FILING DEADLINE for LATE CLAIMANTS in CLASS 5 AND 6 to submit all claim forms and supporting documents. This deadline only applies to LATE CLAIMANTS in Class 5 and 6.
|March 2, 2009
||Cure Deadline for certain claimants who previously filed a claim for Atypical Connective Tissue Disease (ACTD) (consult the SF-DCT about your specific cure 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)
|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: email@example.com 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.