CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 7, No. 4, May 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 72nd e-newsletter (Vol. 7, No. 4) 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. PREMIUM PAYMENT STATUS
We believe our long efforts to have Premium Payments authorized to Dow Corning Breast Implant Claimants who have approved Rupture and/or Disease claims are finally seeing some results.
On May 3, 2010, Judge Hood signed a Scheduling Order to provide the CAC and Dow Corning with certain data on the claims submitted to the Settlement Facility. The Order required that before the data is provided it must be redacted (removed) of all identifying information. This protects claimants' identities and personal information. Further, the redacted data was ordered to be kept confidential and access to it is limited to the parties and their experts and can only be used in assisting the parties in preparing positions on the Premium Paymen issue.
According to the Scheduling Order, the CAC, Dow Corning and the Finance Committee will have several meetings and discussopms concerning the data and the Independent Assessor's report which will project the likely trends of claim filings in the future. The Finance Committee will then make its decision in late September 2010 about whether to recommend Premium Payments to the District Court in late September 2010. We will not have any new information before the end of September 2010. If Premium Payments are recommended, the Court is then required to set a hearing and make certain findings about whether to order Premium Payments to be made, when in and in what amount.
2. STATUS OF CLAIMS PAYMENT AND PROCESSING AS OF APRIL 30, 2010
The Settlement Facility has released information about the status of claims processing and payments through APRIL 30, 2010, The information is summarized below:
Through APRIL 30, 2010, the SF-DCT has received 75,768 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 64,128 or 84.64% have acceptable proof of at least one Dow Corning breast implant. Of the 64,128 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,534 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)
| CLAIM CATEGORY | NUMBER OF CLAIMS PAID THROUGH APRIL 30, 2010 | PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 | TOTAL $$ PAID IN CATEGORY THROUGH APRIL 30, 2010 |
| RUPTURE | 21,534 | 71% | 37% | $ 416,013,503.09 |
| EXPLANT | 28,023 | 99% | 96% | $ 135,768,246.71 |
| EXPLANT ASSISTANCE | 572 | 79% | 57% | $ 2,835,141.10 |
| INCREASED EXPLANT (6.2 ONLY) | 224 | N/A | 93% | $ 672,000.00 |
| EXPEDITED RELEASE | 19,206 | 91% | 86% | $ 35,839,131.78 |
| DISEASE OPTION 1 | 25,627 | 82% | 67% | $ 379,850,621..07 |
| DISEASE OPTION 2 | 1,128 | 24% | 11% | $ 147,238,598.75 |
| TOTAL | 96,314 | N/A | $ 1,118,217,242.50 |
Class 7 - Silicone Gel Material Claims
Approximately 14,986 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 Forms Filed | 54,688 |
| Failed Prescreen - Ineligible Implant - Failed Marshalling | 37,567 |
| Foreign Gel Claims Approved & Paid $600 | 620 |
| Expedited Release Claims Approved & Paid $600 | 6,993 |
| # of Disease Cash-Out Offers of $3,000 | 7,373 |
| TOTAL PAYMENTS OR CASH-OUT OFFERS | 14,986 |
| TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) | 12,657 |
| TOTAL AMT PAID as of 04/30/2010 | $20,964,291.96 |
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 | 7214 | 2616 | ||||||
| EXPEDITED RELEASE | 3932 | 1582 | 1580 | 2012 | 100% | $1,906,795.10 | $1,906,795.10 | ||
| RUPTURE | 557 | 124 | 28 | 28 | 28 | 100% | $136,000.00 | $680,000.00 | $816,000.00 |
| 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% | $546,500.00 | $2,614,115.00 | $3,160,615.00 |
| TMJ ENHANCED | 1267 | 370 | 44 | 42 | 43 | 95% | $529,500.00 | $3,345,500.00 | $3,875,000.00 |
| TOTALS | 17049 | 10834 | 4793 | 2579 | 560 | TOTALS | $5,118,920.10 | $15,203,375.00 | $20,322,295.10 |
NOI CLAIMS
| TOTAL FORMS FILED | FORMS FILED WITH POM | ACCEPTABLE POM | APPROVED | COMPLETE | # CLAIMS PAID | TOTAL AMT PAID | |
| RUPTURE | 1,944 | 1,908 | 1,620 | 1,107 | 1,631 | 1,102 | $20,490,100 |
| MEDICALLY CONTRAINDICATED | 18 | 17 | 15 | 2 | 10 | 0 | 0 |
| EXPLANT | 1,498 | 1,480 | 1,265 | 1089 | 1,264 | 1,079 | $5,258,068 |
| INCREASED EXPLANT> | 311 | 311 | 297 | 106 | 297 | 100 | 300,000 |
| EAP> | 273 | 268 | 208 | 40 | 46 | 36 | $175,200 |
| TOTALS | 4,044 | 3,984 | 3,405 | 2,344 | 3,248 | 2,317 | $26,223,368 |
|
4/30/2010 |
|||||||||
|
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 5 |
$420,755,252.58 |
$136,780,151.97 |
N/A |
$3,001,341.10 |
$33,005,173.27 |
$519,464,351.34 |
N/A |
N/A |
$1,113,006,270.26 |
|
CLASS 6.1 |
$13,425,750.51 |
$4,176,362.44 |
N/A |
$9,000.00 |
$2,640,018.51 |
$5,806,618.48 |
N/A |
N/A |
$26,057,749.94 |
|
CLASS 6.2 |
$2,681,000.00 |
$164,000.00 |
$972,000.00 |
$0.00 |
$54,600.00 |
$1,818,250.00 |
N/A |
N/A |
$5,689,850.00 |
|
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 7 |
N/A |
N/A |
N/A |
N/A |
$20,964,291.96 |
$0.00 |
N/A |
N/A |
$20,964,291.96 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,752,145.10 |
N/A |
$2,856,500.00 |
$14,152,500.00 |
$18,891,145.10 |
|
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 |
|
TOTAL |
$436,998,003.09 |
$141,120,514.41 |
$972,000.00 |
$3,010,341.10 |
$58,793,378.84 |
$527,089,219.82 |
$3,076,125.00 |
$15,203,375.00 |
$1,186,262,957.26 |
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
|
TOTAL |
|
CLASS 5 |
21,177 |
27,647 |
N/A |
605 |
16,694 |
25,739 |
N/A |
N/A |
91,862 |
|
CLASS 6.1 |
1,122 |
1,409 |
N/A |
3 |
2,209 |
558 |
N/A |
N/A |
5,301 |
|
CLASS 6.2 |
383 |
92 |
324 |
0 |
78 |
458 |
N/A |
N/A |
1,335 |
|
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 7 |
N/A |
N/A |
N/A |
N/A |
12,657 |
0 |
N/A |
N/A |
12,657 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,753 |
N/A |
475 |
496 |
2,750 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
259 |
N/A |
64 |
64 |
389 |
|
TOTAL |
22,710 |
29,148 |
324 |
608 |
33,945 |
26,755 |
539 |
560 |
114,589 |
3. 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.