CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 7, No. 2, February 26, 2010

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

 

 

Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.

 

 

This is the 70th e-newsletter (Vol. 7, No. 2) 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 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. STATUS OF APPEALS ON TISSUE EXPANDERS AND DISABILITY A

 

Both appeals are fully briefed, and we are waiting for a date for oral argument. The Court of Appeals should set a date for oral argument in the near future.

 

 

2. TIME VALUE CREDIT MOTION FILED BY DOW CORNING

 

The CAC filed its Response to Dow Corning's motion challenging the way its funding payments and credits for the Settlement Trust are calculated. The CAC is strongly opposed to Dow Corning's motion. Dow Corning's Reply Brief is due on March 2, 2010, and the hearing has been rescheduled for March 11th.

 

Copies of the briefs are available on the CAC website.

 

Other Motions: The following motions remain pending before the District Court: CAC Motion challenging the validity of the "releases" Dow Corning obtained in 1992-1995; CAC Motion requesting an extension of the June 1, 2007 rupture deadline; and the CAC Motion regarding expert rupture reports to establish acceptable proof of rupture.

 

3. PREMIUM PAYMENT STATUS

 

We are continuing our efforts to have Premium Payments authorized to Dow Corning Breast Implant Claimants who have approved Rupture and/or Disease claims. We understand that this issue is of the highest importance to claimants, and we remain committed to our goal of having Premium Payments authorized. We will update you with any developments on this issue in our newsletters and website.

 

4. SETTLEMENT FACILITY - DOW CORNING TRUST UPDATE

 

Update on Disease Processing Status - We are informed that the SF-DCT is current in reviewing new Disease Option 1 claims in Classes 5 and 6 (Dow Corning Breast Implant Claimants), so if you have a Disease Claim ready for review (i.e., you have all medical records that support the symptoms you are relying upon AND you have a disability statement where one is needed), then you may consider submitting your claim now. It should be reviewed within 1-2 months. Requests for re-review (RAI's or documents submitted to cure a deficiency in a claim) will take slightly longer. As of the end of January 2010, the SF-DCT was reviewing RAI's submitted in August 2009 for Disease Option 1.

 

The SF-DCT is also current in reviewing Disease Option 2 claims, and RAI's for Disease Option 2 have only a 1 month backlog.

 

The SF-DCT is now reviewing Class 7 disease claims and hopes to complete this review in 2010.

 

 

5. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.164 BILLION

 

The SF-DCT issued approximately $6.578 million in payments for approved claims during January 2010, bringing the total amount paid to claimants to approximately $1.164 billion. The largest category of payments was for Disease claims for Class 5 claimants - $6.346 million.

 

Proof of Manufacturer Processing:

 

The Settlement Facility has released information about the status of claims processing and payments through JANUARY 31, 2010, The information is summarized below:

 

Through JANUARY 31, 2010, the SF-DCT has received 75,723 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 63,837 or 84.3% have acceptable proof of at least one Dow Corning breast implant. Of the 63,837 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,402 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)

 

 

 

 

 

 

CLAIM CATEGORY

NUMBER OF CLAIMS PAID THROUGH JANUARY 31, 2010

PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6

TOTAL $$ PAID IN CATEGORY THROUGH JANUARY 31, 2010

RUPTURE

21,402

71% | 36%

$ 414,188,691.31

EXPLANT

27,904

99% | 96%

$ 135,229,386.83

EXPLANT ASSISTANCE

567

91% | 57%

$ 2,810,141.10

INCREASED EXPLANT (6.2 ONLY)

198

N/A | 94%

$ 594,000.00

EXPEDITED RELEASE

18,554

91% | 86%

$ 34,568,480.40

DISEASE OPTION 1

24,935

82% | 66%

$ 372,104,370.49

DISEASE OPTION 2

1,048

22% | 10%

$ 137,076,798.75

 

 

 

 

 

 

 

 

TOTAL

94,608

N/A

$ 1,096,571,868.88

 

 

Class 7 - Silicone Gel Material Claims

 

Approximately 14,945 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 $20.9 million. The total fund is $57.5 million NPV.

 

There are a number of pending appeals before the Claims Administrator and Appeals Judge regarding the marshaling requirement for certain Class 7 claimants. The CAC believes this issue requires a Plan interpretation by the parties and is not an issue that can be decided by the Appeals Judge. We are working on this issue now. As noted above, the SF-DCT is now processing Disease claims for those Class 7 claimants who rejected the Disease Cash-Out Offer and hopes to complete this process in 2010.

 

 

Class 7 - Silicone Gel Material Claims

# Class 7 Forms Filed

54,663

Failed Prescreen - Ineligible Implant -

Failed Marshalling

37,457

Foreign Gel Claims Approved & Paid $600

620

Expedited Release Claims Approved & Paid $600

6,999

# of Disease Cash-Out Offers of $3,000

7,326

TOTAL PAYMENTS OR CASH-OUT OFFERS

14,945

TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer)

12,634

TOTAL AMT PAID as of 01/31/2010

$20,931,442.39

 

 

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                
                   
CLAIM CATEGORY 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 TOTAL PAID
PROOF OF MANUFACTURER 7222 7213 2616            
EXPEDITED RELEASE 3931 1582 1580 2013   100% $1,907,795.10   $1,907,795.10
RUPTURE 557 124 28 28 28 96% $136,000.00 $680,000.00 $816,000.00
INFLAMMATORY FOREIGN BODY RESP. (TMJ, finger, wrist, toe, knee & hip) 1747 713 414 393 377 95% $2,000,125.00 $8,563,760.00 $10,563,885.00
IMPLANT FAILURE (TMJ, finger wrist, toe knee, hip & testicular) 2321 831 111 103 112 93% $540,000.00 $2,614,115.00 $3,154,115.00
TMJ ENHANCED 1267 370 44 42 43 95% $529,500.00 $3,345,500.00 $3,875,000.00
TOTALS 17045 10833 4793 2579 560 TOTALS $5,113,420.10 $15,203,375.00 $20,316,795.10

 

 

 

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

1,941

1905

1,597

1,072

1,611

1,069

$20,109,100

MEDICALLY CONTRAINDICATED

18

17

15

 1

9

 0

 0

EXPLANT

1,498

1,480

1,258

1083

1,256

1,075

$5,240,068

INCREASED EXPLANT

311

311

283

 87

 283

84

  252,000

EAP

273

268

208

40

46

36

$175,200

TOTALS

4,041

3,981

3,361

2,283

3,205

2,264

$25,776,368

 

1/31/2010

RUPTURE EXPLANT INCREASED EXPLANT EXPLANT ASSISTANCE (EAP) EXPEDITED DISEASE MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) OTHER PRODUCTS PREMIUM PAYMENT TOTAL
$419,268,440.80 $136,297,792.09 N/A $2,976,341.10 $31,776,521.89 $502,634,800.76 N/A N/A $1,092,953,896.64
$13,209,750.51 $4,113,362.44 N/A $9,000.00 $2,602,818.51 $5,536,618.48 N/A N/A $25,471,549.94
$2,170,000.00 $150,500.00 $846,000.00 $0.00 $53,200.00 $1,009,750.00 N/A N/A $4,229,450.00
N/A N/A N/A N/A $88,100.00 N/A N/A N/A $88,100.00
N/A N/A N/A N/A $130,200.00 N/A N/A N/A $130,200.00
N/A N/A N/A N/A $20,931,442.39 $0.00 N/A N/A $20,931,442.39
$130,000.00 N/A N/A N/A $1,753,145.10 N/A $2,850,000.00 $14,152,500.00 $18,885,645.10
$6,000.00 N/A N/A N/A $154,650.00 N/A $219,625.00 $1,050,875.00 $1,431,150.00
$434,784,191.31 $140,561,654.53 $846,000.00 $2,985,341.10 $57,490,077.89 $509,181,169.24 $3,069,625.00 $15,203,375.00 $1,164,121,434.07
 
RUPTURE EXPLANT INCREASED EXPLANT EXPLANT ASSISTANCE (EAP) EXPEDITED DISEASE MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)   TOTAL
21,102 27,550 N/A 600 16,078 25,213 N/A N/A 90,543
1,104 1,388 N/A 3 2,178 534 N/A N/A 5,207
310 86 282 0 76 236 N/A N/A 990
N/A N/A N/A N/A 74 N/A N/A N/A 74
N/A N/A N/A N/A 217 N/A N/A N/A 217
N/A N/A N/A N/A 12,634 0 N/A N/A 12,634
26 N/A N/A N/A 1,754 N/A 474 496 2,750
2 N/A N/A N/A 259 N/A 64 64 389
22,544 29,024 282 603 33,270 25,983 538 560 112,804

 

6.     DEADLINE REMINDERS

 

Please mark your calendar with the following claim submission deadlines. Please note that 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. The filing deadlines are not the same as "cure deadlines." Cure deadlines are individual deadlines that are set out in Notification of Status letters following the SF-DCT's review of your claim.

 

Deadline Date

Type of 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

Phone Number: (419) 394-0717

Fax Number: (419) 394-1748

Email: info@tortcomm.org

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.