CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 7, No. 3, April 28, 2010
Contact the CAC at: firstname.lastname@example.org or
phone: (419) 394-0717
fax: (419) 394-1748
Sybil Niden Goldrich
Ernest Hornsby, Esq
Dianna Pendleton-Dominguez, Esq.
This is the 71st e-newsletter (Vol. 7, 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, click here 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. STATUS OF APPEALS ON TISSUE EXPANDERS AND DISABILITY A
The Court of Appeals for the 6th Circuit has set both appeals (tissue expanders and Disability A) for oral argument on June 10, 2010.
2. "TIME VALUE CREDIT" MOTION FILED BY DOW CORNING
The issue of whether Dow Corning is entitled to a credit for certain payments it was obligated to make to the Settlement Trust is fully briefed. The CAC disputes that Dow Corning is entitled to this credit. Copies of the briefs are available on the CAC website. The Court heard oral argument on this motion on March 11th.
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. Currently, the CAC is working on a schedule for the parties to meet and confer with the Finance Committee and Independent Assessor to determine if a recommendation for making Premium Payments, in whole or in part, will be made to the Court this year. We will not know whether a recommendation will be made until late this fall (October - December). According to the terms of the Plan, only the Finance Committee (not the CAC) can make a recommendation to the Court to allow Premium Payments.
We will update you with any developments on this issue in our newsletters and website.
4. DISEASE CLAIMS
a) FILING A DISEASE CLAIM IF YOUR DISEASE CLAIM WAS PREVIOUSLY DENIED. Claimants who did not cure their disease claim by the cure deadline cannot apply for that same disease in the future. For example, if a claimant filed a claim for ACTD and was denied, she cannot apply for ACTD in the future. She can, however, apply for a new compensable condition that manifested after the conclusion of her cure deadline. In the above example, the claimant would be able to file for Systemic Lupus Erythematosus (SLE) in Disease Option 1 or 2 if she was diagnosed with SLE after her cure deadline expired.
Several people have asked us the following question: Q. If a claimant had a Disease Option 1 claim and it was denied, is she limited to applying for a future disease claim only in Disease Option 1? A. No. She can apply for a Disease Option 2 claim in the future as long as it is not the same disease claim the claimant previously submitted and is based on a new compensable condition.
b) CLAIM FORM ISSUE. The Disease Claim Form asks claimants to select one disease for the SF-DCT to evaluate. The CAC has learned that some claimants have selected more than one disease and others have not selected any disease at all (the form has no boxes checked for the disease the claimant is seeking a review for). The SF-DCT will not process or review the disease claim unless you select one disease. The SF-DCT has written to claimants who did not select a disease or who selected more than one disease and asked them to submit a corrected form, but over 100 claimants have not responded to these letters. IF YOU ARE ONE OF THESE CLAIMANTS, YOUR CLAIM WILL NOT BE REVIEWED UNLESS YOU SUBMIT A CORRECTED CLAIM FORM.
c) SIGN YOUR CLAIM FORM. All claim forms must be signed. If it is not, the SF-DCT will not process or review your claim.
5. SETTLEMENT FACILITY - DOW CORNING TRUST UPDATE
Update on Disease Processing Status -The SF-DCT is current in reviewing new Disease Option 1 claims in Classes 5 and 6 (Dow Corning Breast Implant Claimants).
The SF-DCT is also current in reviewing Disease Option 2 claims.
The SF-DCT is now reviewing Class 7 disease claims and hopes to complete this review in 2010.
On March 3, 2010, the SF-DCT issued the following Class 7 processing update:
a) The SF-DCT will perform an ACTD discretionary review, if applicable, at the same time the Disease Option 2 claim is reviewed. (This means that if you applied for a Disease Option 2 claim but have one or more deficiencies in that claim, the SF-DCT will inform you of those deficiencies and they will also review your claim to determine if you qualify for ACTD.
b) All Quality Management matters will be addressed either in the Notification of Status letters or in a separate notice sent with the Notification of Status letter.
c) Once you select a payment option or are approved for a Class 7 disease, you cannot change the election or return the check.
d) Expedited Review claimants cannot return a check and ask for a Disease review.
6. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.177 BILLION
The Settlement Facility has released information about the status of claims processing and payments through MARCH 31, 2010, The information is summarized below:
Through MARCH 31, 2010, the SF-DCT has received 75,748 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 64,065 or 84.58% have acceptable proof of at least one Dow Corning breast implant. Of the 64,065 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,476 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 MARCH 31, 2010||PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6||TOTAL $$ PAID IN CATEGORY THROUGH MARCH 31, 2010|
|RUPTURE||21,476||71% | 37%||$ 415,297,691.31|
|EXPLANT||27,980||99% | 96%||$ 135,577,06.83|
|EXPLANT ASSISTANCE||569||91% | 57%||$ 2,820,141.10|
|INCREASED EXPLANT (6.2 ONLY)||210||N/A | 94%||$ 630,000.00|
|EXPEDITED RELEASE||18,874||91% | 86%||$ 35,187,931.78|
|DISEASE OPTION 1||25,426||82% | 67%||$ 377,082,821..07|
|DISEASE OPTION 2||1,097||24% | 11%||$ 143,262,298.75|
Class 7 - Silicone Gel Material Claims
Approximately 14,984 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.
Class 7 - Silicone Gel Material Claims
# Class 7 Forms Filed
Failed Prescreen - Ineligible Implant -
Foreign Gel Claims Approved & Paid $600
Expedited Release Claims Approved & Paid $600
# of Disease Cash-Out Offers of $3,000
TOTAL PAYMENTS OR CASH-OUT OFFERS
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer)
TOTAL AMT PAID as of 03/31/2010
Class 9 and 10 - Dow Corning Covered Other Products
Below is a chart showing the total number of Class 9 and 10 claims filed and paid to date:
|CLASS 9, 10.1 AND 10.2|
|DCC "COVERED" OTHER PRODUCTS|
|CLAIM CATEGORY||NUMBER OF FORMS FILED||NUMBER OF CLAIMS REVIEWED||NUMBER OF CLAIMS APPROVED||# CLAIMS PAID 1ST PAYMENT||# CLAIMS PAID PREMIUM PAYMENT||PERCENTAGE OF CLAIMS APPROVED FOR 1ST PAYMENT||$ AMOUNT PAID 1ST PAYMENT||$ AMOUNT PAID PREMIUM PAYMENT||TOTAL PAID|
|PROOF OF MANUFACTURER||7223||7215||2616|
|INFLAMMATORY FOREIGN BODY RESP. (TMJ, finger, wrist, toe, knee & hip)||1748||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)||2322||831||111||104||112||94%||$544,000.00||$2,614,115.00||$3,158,115.00|
|CLASS 5 & 6.1 & 6.2|
|TOTAL FORMS FILED||FORMS FILED WITH POM||ACCEPTABLE POM||APPROVED||COMPLETE||# CLAIMS PAID||TOTAL AMT PAID|
|INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS)|
|RUPTURE||EXPLANT||INCREASED EXPLANT||EXPLANT ASSISTANCE (EAP)||EXPEDITED||DISEASE||MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)||OTHER PRODUCTS PREMIUM PAYMENT||TOTAL|
|CLASS 6.2 2||N/A||N/A||N/A||N/A||$91,700.00||N/A||N/A||N/A||$91,700.00|
|CLASS 6.2 3||N/A||N/A||N/A||N/A||$130,800.00||N/A||N/A||N/A||$130,800.00|
|CLASS 10.2 / 10.2||$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|
|RUPTURE||EXPLANT||INCREASED EXPLANT||EXPLANT ASSISTANCE (EAP)||EXPEDITED||DISEASE||MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)||TOTAL|
|CLASS 6.2 2||N/A||N/A||N/A||N/A||77||N/A||N/A||N/A||77|
|CLASS 6.2 3||N/A||N/A||N/A||N/A||218||N/A||N/A||N/A||218|
|CLASS 10.2 / 10.2||2||N/A||N/A||N/A||259||N/A||64||64||389|
7. 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.
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: firstname.lastname@example.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
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.