CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 7, No. 7, August 31, 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 75th e-newsletter (Vol. 7, 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 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 PREMIUM PAYMENTS
Our efforts to get Premium Payments approved continue. The schedule provides that the Finance Committee will make an initial recommendation to the District Court about the status of Premium Payments by October 1, 2010. We will not know anything more until that time.
Please keep your address and contact information current with the Settlement Facility so that correspondence and payments can reach you.
2. REMINDER: MDL-926 CLOSES ON DECEMBER 15, 2010
If you have an implant made by any of the companies participating in the RSP, you must submit any and all claims you have to the MDL-926 Claims Office by December 15, 2010. For more information, go to the MDL-926 Claims Office website at: http://www.claimsoffice-926.com/index.html.
3. INFORMATION ON FILING A CLAIM ON BEHALF OF A DECEASED CLAIMANT
Women who have or had a Dow Corning breast implant and submitted acceptable Proof of Manufacturer to the SF-DCT are eligible to receive compensation from the SF-DCT even though they have passed away. Legal representatives or Executors of the deceased claimant should notify the SF-DCT of the claimant's death, and the SF-DCT will inform you of the necessary papers you must submit to them to receive the claimant's compensation. Contact the SF-DCT toll free at 1-866-874-6099 or by email at info@sfdct.com for more information.
4. CLAIMS PAYMENTS AS OF JULY 31, 2010
STALE CHECKS: There are 292 approved claims in Classes 5 and 6 (Dow Corning breast implant claimants) where checks were issued but which were never cashed by claimants. If you have a check that was issued more than 90 days ago and it has not been cashed, contact the SF-DCT for a replacement check. If you have moved or if your attorney has moved, contact the SF-DCT to make sure that correspondence and payments are reaching you. To date, there are over $4 million in outstanding checks where claimants either could not be found or never cashed their award checks.
The Settlement Facility issued approximately $5.3 million in payments to claimants in Classes 5, 6.1 and 6.2 in July 2010. This brings the total payments to claimants to $1.2 billion.
Through JULY 31, 2010, the SF-DCT has received 75,800 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 64,186 or 84.68% have acceptable proof of at least one Dow Corning breast implant. Of the 64,186 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,607 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 JULY 31, 2010 | PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 | TOTAL $$ PAID IN CATEGORY THROUGH JULY 31, 2010 |
| RUPTURE | 21,628 | 71% | 38% | $ 417,244,691.31 |
| EXPLANT | 28,089 | 99% | 96% | $ 136,030,046.71 |
| EXPLANT ASSISTANCE | 574 | 92% | 67% | $ 2,845,141.10 |
| INCREASED EXPLANT (6.2 ONLY) | 250 | N/A | 95% | $ 747,000.00 |
| EXPEDITED RELEASE | 20,760 | 92% | 86% | $ 38,835,880.60 |
| DISEASE OPTION 1 | 26,081 | 83% | 68% | $ 386,705,654.49 |
| DISEASE OPTION 2 | 1,153 | 25% | 11% | $ 149,789,453.54 |
| TOTAL | 98,535 |
N/A |
$ 1,132,197,867.75 |
Class 7 - Silicone Gel Material Claims
Approximately 15,000 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 $21 million. The total fund is $57.5 million NPV.
|
Class 7 - Silicone Gel Material Claims |
|
|
# Class 7 Forms Filed |
54,698 |
|
Failed Prescreen - Ineligible Implant - Failed Marshalling |
37,610 |
|
Foreign Gel Claims Approved & Paid $600 |
653 |
|
Expedited Release Claims Approved & Paid $600 |
6,958 |
|
# of Disease Cash-Out Offers of $3,000 |
7,389 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
15,000 |
|
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
12,698 |
|
TOTAL AMT PAID as of 07/31/2010 |
$21,022,641.96 |
Class 7 Update: The Settlement Facility informs us that they are current in reviewing disease claims for Class 7 claimants (excluding those claimants who are on hold because of the marshaling issue). Notification of Status letters to Class 7 claimants are being sent out. Claimants have one year to cure the deficiencies listed in the letter or their claim will be permanently denied. If you have received such a letter, you may contact the Settlement Facility at their toll-free number (1-866-874-6099) and request a time to speak with a nurse reviewer. The reviewer will go over your disease claim and help you understand what you need to do to fix the problems and get the claim approved. Please call as soon as you get the letter so that you leave enough time to fix the problems in your claim. It can often take months to schedule a doctor's appointment and receive medical records or disability letters from treating doctors.
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 | 7224 | 7215 | 2617 | ||||||
| EXPEDITED RELEASE | 3932 | 1582 | 1580 | 2015 | 100% | $1,909,795.10 | $1,909,795.10 | ||
| 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 | 378 | 95% | $2,000,125.00 | $8,586,260.00 | $10,586,385.00 |
| IMPLANT FAILURE (TMJ, finger wrist, toe knee, hip & testicular) | 2323 | 832 | 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 | 17051 | 10836 | 4794 | 2582 | 561 | TOTALS | $5,121,920.10 | $15,225,875.00 | $20,347,795.10 |
NOI CLAIMS
| 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 | 1,943 | 1907 | 1,626 | 1,112 | 1,637 | 1,108 | $20,529,100 |
| MEDICALLY CONTRAINDICATED | 18 | 17 | 15 | 2 | 10 | 0 | 0 |
| EXPLANT | 1,501 | 1,483 | 1,268 | 1090 | 1,268 | 1,080 | $5,259,818 |
| INCREASED EXPLANT | 310 | 310 | 299 | 106 | 299 | 105 | 315,000 |
| EAP | 274 | 269 | 210 | 40 | 47 | 36 | $175,200 |
| TOTALS | 4,046 | 3,986 | 3,418 | 2,353 | 3,261 | 2,329 | $26,279,118 |
TOTAL PAYMENTS TO ALL CLAIMANTS
7/31/2010
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 | $421,536,440.80 | $136,978,951.97 | N/A | $3,011,341.10 | $35,895,982.57 | $528,399,939.55 | N/A | N/A | $1,125,822,655.99 |
| CLASS 6.1 | $13,593,750.51 | $4,218,362.44 | N/A | $9,000.00 | $2,724,758.03 | $6,180,418.48 | N/A | N/A | $26,726,289.46 |
| CLASS 6.2 | $3,010,000.00 | $186,750.00 | $1,062,000.00 | $0.00 | $74,200.00 | $1,989,750.00 | N/A | N/A | $6,322,700.00 |
| CLASS 6.2 2 | N/A | N/A | N/A | N/A | $94,100.00 | N/A | N/A | N/A | $94,100.00 |
| 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 | $21,022,641.96 | $0.00 | N/A | N/A | $21,022,641.96 |
| CLASS 9 | $130,000.00 | N/A | N/A | N/A | $1,755,145.10 | N/A | $2,856,500.00 | $14,175,000.00 | $18,916,645.10 |
| 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 | $438,276,191.31 | $141,384,064.41 | $1,062,000.00 | $3,020,341.10 | $61,852,277.66 | $536,570,108.03 | $3,076,125.00 | $15,225,875.00 | $1,200,466,982.51 |
| RUPTURE | EXPLANT | INCREASED EXPLANT | EXPLANT ASSISTANCE (EAP) | EXPEDITED | DISEASE | MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) | TOTAL | ||
| CLASS 5 | 21,217 | 27,687 | N/A | 607 | 18,148 | 26,152 | N/A | N/A | 93,811 |
| CLASS 6.1 | 1,136 | 1,423 | N/A | 3 | 2,280 | 584 | N/A | N/A | 5,426 |
| CLASS 6.2 | 430 | 105 | 355 | 0 | 106 | 498 | N/A | N/A | 1,494 |
| CLASS 6.2 2 | N/A | N/A | N/A | N/A | 79 | N/A | N/A | N/A | 79 |
| 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 | 12,698 | 0 | N/A | N/A | 12,698 |
| CLASS 9 | 26 | N/A | N/A | N/A | 1,756 | N/A | 475 | 497 | 2,754 |
| CLASS 10.2 / 10.2 | 2 | N/A | N/A | N/A | 259 | N/A | 64 | 64 | 389 |
| TOTAL | 22,811 | 29,215 | 355 | 610 | 35,544 | 27,234 | 539 | 561 | 116,869 |
5. 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.