Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.
CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 5, No. 7, July 30, 2008
This is the 47th e-newsletter
(Vol. 5, No. 7) 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. 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
SettlementFacility 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. SETTLEMENT
FACILITY PAYMENTS TO CLAIMANTS
As of June 30, 2008, the Settlement
Facility - Dow Corning Trust reports that 105,117 claimants have cashed checks in the Dow Corning Settlement Fund totalling
$1.027 billion dollars.
Classes 5, 6.1 and 6.2 - Dow Corning Breast Implant
Claimants
Checks totalling over $400 million
dollars have been cashed by 21,754 approved rupture claimants. In addition, approximately
21,962 approved disease claimants have cashed checks totalling $399,172,323.35.
The approval rate for Proof of Manufacturer
(POM) continues to remain at approximately 82% for Dow Corning breast implant
claims. A breakdown of the payments cashed from June 1, 2004 through June 30,
2008 by class and benefit type is listed below:
Cumulative
Cashed Checks for Payments to All Classes (including NOI claims)
June
1, 2004 - June 30, 2008
Class |
Rupture |
Explant |
Increased Explant |
Explant Assistance Program |
Expedited Release |
Disease |
Medical Conditions in Class 9/10 |
Other Products Premium Payment |
Total |
Class 5 |
$402,965,832.91 |
$133,271,612.01 |
n/a |
$2,636,141.10 |
$29,463,942.23 |
$395,652,204.87 |
n/a |
n/a |
$963,989,733.126 |
Class 6.1 |
$12,040,350.51 |
$3,814,179.80 |
n/a |
$9,000.00 |
$2,369,192.01 |
$3,355,618.48 |
n/a |
n/a |
$21,588,340.80 |
Class 6.2 |
$469,000.00 |
$54,250.00 |
$156,000 |
$0.00 |
$39,900.00 |
$164,500.00 |
n/a |
n/a |
$883,650.00 |
Class 6.2: 2 |
n/a |
n/a |
n/a |
n/a |
$78,000.00 |
n/a |
n/a |
n/a |
$78,000.00 |
Class 6.2: 3 |
n/a |
n/a |
n/a |
n/a |
$57,600.00 |
n/a |
n/a |
n/a |
$57,600.00 |
Class 7 |
n/a |
n/a |
n/a |
n/a |
$21,139,520.00 |
n/a |
n/a |
n/a |
$21,139,520.00 |
Class 9 |
$130,000.00 |
n/a |
n/a |
n/a |
$ 1,710,145.10 |
n/a |
$2,777,500 |
$13,262,500 |
$17,880.145.10 |
Class 10.1/2 |
$ 6,000.00 |
n/a |
n/a |
n/a |
$ 139,900.00 |
n/a |
$202,875 |
$933,000 |
$1,281,775.00 |
Total |
$415,611,183.42 |
$137,140,041.81 |
$156,000 |
$2,645,141.10 |
$54,998,199.34 |
$399,172,323.35 |
$2,980,375 |
$14,195,500 |
$1,026,898,764.02 |
Cumulative
Number of Checks Cashed for Approved Claims (including NOI claims)
June
1, 2004 - June 30, 2008
Class |
Rupture |
Explant |
Increased Explant |
Explant Assistance Program |
Expedited Release |
Disease |
Medical Conditon (Class 9/10) |
Other Products Premium |
Total |
Class 5 |
20,648 |
26,919 |
n/a |
530 |
14,888 |
21,578 |
n/a |
n/a |
84,563 |
Class 6.1 |
1,011 |
1,287 |
n/a |
3 |
1,981 |
349 |
n/a |
n/a |
4,631 |
Class 6.2 |
67 |
31 |
52 |
0 |
57 |
35 |
n/a |
n/a |
242 |
Class 6.2: 2 |
n/a |
n/a |
n/a |
n/a |
65 |
n/a |
n/a |
n/a |
65 |
Class 6.2: 3 |
n/a |
n/a |
n/a |
n/a |
96 |
n/a |
n/a |
n/a |
96 |
Class 7 |
n/a |
n/a |
n/a |
n/a |
12,499 |
0 |
n/a |
n/a |
12,499 |
Class 9 |
26 |
n/a |
n/a |
n/a |
1,711 |
n/a |
463 |
467 |
2,667 |
Class 10.1/2 |
2 |
n/a |
n/a |
n/a |
234 |
n/a |
60 |
58 |
354 |
Total |
21,754 |
28,237 |
52 |
533 |
31,531 |
21,962 |
523 |
525 |
105,117 |
Class 7 - Silicone Gel Material Claims
The Settlement Facility - Dow Corning Trust is near
completion of its manual review of Class 7 Proof of Manufacturer forms. There
are approximately 868 claimants who rejected the Disease Cash-Out offer of
$3,000, and of this number, 400 disease reviews in Disease Option 1 have been
completed. The Settlement Facility has begun issuing Notification of Status
letters; however, no Class 7 disease claims can be paid until all disease
claims have been reviewed and the one-year time deadline to cure deficiencies
has expired. This will take at least another year or more to complete.
The total payout from the capped $57.5 million NPV fund
through June 30, 2008 is $21,139,520. Approximately 12,499 Class 7 claimants
have cashed checks for an Expedited Release Payment ($600), a Foreign Gel
Payment ($600) or a Disease Cash-Out Payment ($3,000). Appeals contesting the
marshalling requirement remain pending.
Class
7 - Silicone Gel Material Claims
|
#
Class 7 Forms Filed
|
54,713
|
#
of claims that are NOT eligible based on POM review
|
10,612
|
#
of claims that failed marshalling
|
29,861
|
Foreign
Gel Claims Approved & Paid $600
|
688
|
Expedited
Release Claims Approved & Paid $600
|
6,548
|
#
of Disease Cash-Out Offers of $3,000
|
7,004
|
TOTAL
PAYMENTS OR CASH-OUT OFFERS
|
14,240
|
TOTAL
# of Claims Paid (excluding those who rejected the Cash-Out Offer)
|
12,499
|
TOTAL
AMT PAID as of 05/31/2008
|
$21,139,520
|
Update on NOI Claims Review
Notice of Intent (NOI) Claimants are
subject to the Consent Order approved by the District Court on September 7,
2007 (a copy of which is available on the CAC website - www.tortcomm.org - under the left navigation tab entitled "Court Orders").
The Consent Order provides that all NOI claimants who have a Dow Corning breast
implant have until October 21, 2008 to
submit claim forms and supporting documents for Proof of Manufacturer, Explant
and Rupture. Approved NOI Explant and Rupture claims are paid out of a
separate fund totalling $30 million. To date, 1,730 claims have been approved
totalling $12,540,668.
The Settlement Facility reports that a
significant number of NOI claimants have not yet filed claim forms. We urge
all NOI claimants to submit their claim forms and documents as soon as
possible. Currently, there is no backlog to review NOI claims and, if your
claim is approved, you can receive payment promptly.
NOI CLAIMS |
|
|
|
|
|
|
|
CLASS 5 & 6.1 & 6.2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL FORMS FILED |
FORMS FILED WITH POM |
ACCEPTABLE POM |
APPROVED |
COMPLETE |
# CLAIMS PAID |
TOTAL AMT PAID |
RUPTURE |
1855 |
1819 |
1211 |
815 |
1,190 |
788 |
$7,895,800 |
MEDICALLY CONTRAINDICATED |
15 |
14 |
11 |
|
8 |
0 |
|
EXPLANT |
1381 |
1365 |
1140 |
975 |
1,124 |
938 |
$4,624,868 |
INCREASED EXPLANT |
111 |
111 |
1 |
|
|
0 |
|
EAP |
313 |
306 |
242 |
8 |
15 |
4 |
$20,000 |
TOTALS |
3,675 |
3,615 |
2,604 |
1,798 |
2,337 |
1,730 |
$12,540,668 |
2. URGENT
REMINDER OF THE AUGUST 18, 2008 DEADLINE
If you previously filed a claim for
Systemic Sclerosis (Scleroderma) that was reviewed and found deficient by the
Settlement Facility and you were given a cure deadline of August 17,
2008 or earlier, your final cure deadline is August 18, 2008. If you have any
questions about how to cure a deficiency in your Systemic Sclerosis claim,
contact the Settlement Facility immediately at their toll free number -
866-874-6099 - and ask to speak to or schedule a call with a nurse reviewer. If
you fail to cure any deficiencies in your Systemic Sclerosis claim by your
final cure deadline date, then your claim for this disease will be permanently
denied.
3. STATUS OF DISEASE PROCESSING AT THE SETTLEMENT FACILITY
Disease Option 1 processing is
essentially current with only a minor backlog of approximately two weeks.
Re-reviews (Review of Additional Information or RAI) have a backlog of
aproximately 4 months.
For Disease Option 2, the Settlement
Facilty continues to work to decrease the backlog. Since January 2008, it has
cut the backlog from 23 months to its current status of 15 months. Re-reviews
for Disease Option 2 also have a 4 month backlog.
4. INCOMPLETE, MISSING AND INACCURATE ADDRESS PROBLEM AT
THE SETTLEMENT FACILITY
The Settlement Facility reports a serious
and increasing problem it has experienced in trying to locate claimants who
have an approved claim ready to be paid who have moved and have not provided
the Settlement Facility with a current address. To date, $56
million has gone unclaimed because of this
problem. This is also a significant problem for law firms whose clients have
moved and did not inform their attorney of their current address.
When an award letter or check is returned
to the Settlement Facility because of a bad address problem, the Settlement
Facility is forced to expend its limited resources to try and locate claimants
or, in some cases, attorneys, who have moved or who provided an incomplete or
inaccurate address. If you have moved or need to update your address and
contact information, please let the Settlement Facility know by writing a letter
with your name, SID number, and old/new addresses and other contact information
to:
Settlement
Facility - Dow Corning Trust
P.O. Box 52429
Houston, TX 77052-2429
If you are represented by an attorney,
please keep your contact information updated with the law firm as well. Many
law firms are holding checks either uncashed or on hold in their escrow account
waiting to locate a client who has moved.
5. PENDING MOTIONS
The CAC has not received any rulings to
report on the various pending motions. We will update our website with any
information as it is received.
6. PREMIUM PAYMENTS FOR DOW CORNING BREAST IMPLANT
CLAIMANTS
The Settlement Facility recently posted
on its website the Executive Summary of the report from the Independent Assessor
for the first quarter of 2008. It states:
The
Independent Assessor of the Settlement Facility - Dow Corning Trust (SF-DCT)
reviewed the liabilities and assets of the facility as of the end of the first
quarter of 2008 and estimated that the facility would remain solvent under each
of a range of liability and asset assumptions tested. Until patterns of filing
and claims acceptance become more certain, use of the current estimates for the
purpose of determining whether premium payments can be made is premature.
We continue to receive a large number of
calls and inquiries about when Premium Payments will be paid. The CAC does not
know when Premium Payments for Dow Corning breast implant claimants will be
approved or paid. As we've reported in past newsletters, the decision to
recommend to the District Court that Premium Payments be made is up to the
Finance Committee and is based on the Independent Assessor's report. For more
information on the process, please review our past newsletters.
7. OTHER 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.
Deadline Date |
Type of Deadline |
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) |
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. |
February 2, 2009 |
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) |
March 12, 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) |
April 13, 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: 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.
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