CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 8, No. 7, July 08, 2011
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 85th e-newsletter (Vol. 8, 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. FINANCE COMMITTEE FILES MOTION RECOMMENDING
THAT PREMIUM PAYMENTS BE PAID
On June 30, 2011, the Finance Committee filed a motion recommending that the Court authorize Premium Payments in the amount of 50%, with payments to begin in 2012. A copy of the motion is on the CAC's website at http://www.tortcomm.org/downloads/30June2011_Finance_Committee_Recommendation_Motion_for_Authorization.pdf.
The filing of this motion does not mean that Premium Payments will begin in 2012. First, there will likely be an objection by Dow Corning asking that the Court not allow Premium Payments to be made at this time. The District Court would then hold a hearing on the objection and would issue a ruling. Even after the District Court rules, there may be an appeal to the United States District Court for the Sixth Circuit. We do not know how long the process may take before there is a final ruling on whether Premium Payments can be made; however, the Plan does provide that 1) the parties - including Dow Corning - agreed to cooperate in an expedited process and hearing on the Premium Payment recommendation, and 2) the parties agreed in the Plan language that any appeal of the District Court's order shall be an abuse of discretion standard. For non-lawyers, this standard means that the District Court's findings are entitled to great weight and will not be overturned on appeal absent clear error on legal or factual findings. Brown v. Raymond Corp., 432 F. 3rd 640, 647 (6th Cir. 2005).
This is a reminder to all claimants who were sent an Address Verification Form - YOU MUST RETURN THIS FORM TO AVOID DELAY IN RECEIVING YOUR PREMIUM PAYMENT. Even if you have not moved, you must return the form.
Also, properly authorized representatives and executors for the estates of claimants who are deceased can receive the Premium Payment for the claimant. If you have not opened a probate estate for an eligible claimant who has passed away, we urge you to contact a probate attorney in the area where the claimant resided to see what needs to be done to avoid any delay in getting the Premium Payment.
2. THE SETTLEMENT FACILITY IS STILL CURRENT
IN PROCESSING NEW CLAIMS FOR DISEASE AND EXPLANT
The Settlement Facility informs us that it is still current in processing new claims for disease and explant benefits. This means that claims are reviewed within 30 days or less. Re-reviews and requests for reconsideration are also current in both Disease Option 1 and Disease Option 2.
3. CLAIMS PAYMENT REPORT THROUGH MAY 2011
The Settlement Facility has released information about the status of claims processing and payments through MAY 31, 2011, The information is summarized below:
Through MAY 31, 2011, the SF-DCT has received 77,156 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,288 or 84.62% have acceptable proof of at least one Dow Corning breast implant. Of the 65,288 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,831 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
CLASS 5, 6.1 AND 6.2 - WOMEN WHO HAVE OR HAD DOW CORNING BREAST IMPLANTS
|
CLASS 5, 6.1 AND 6.2 |
(EXCLUSIVE OF NOI PAYMENTS) |
|
|
|
(DOW CORNING BREAST IMPLANT CLAIMS) |
|
|
|
|
|
|
|
|
|
CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH MAY 31, 2011 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH MAY 31, 2011 |
|
RUPTURE |
21,831 |
71% | 40% |
$ 420,436,330.72 |
|
EXPLANT |
28,315 |
99% | 96% |
$ 137,084,466.11 |
|
EXPLANT ASSISTANCE |
588 |
92% | 80% |
$ 2,905,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
269 |
N/A | 92% |
$ 804,000.00 |
|
EXPEDITED RELEASE |
22,496 |
92% | 87% |
$ 42,131,033.35 |
|
DISEASE OPTION 1 |
27,223 |
83% | 68% |
$ 402,036,439.67 |
|
DISEASE OPTION 2 |
1,344 |
28% | 14% |
$ 172,954,053.54 |
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
102,066 |
N/A |
$ 1,178,351,964.49 |
CLASS 7 - SILICONE GEL MATERIAL CLAIMS - WOMEN WHO DID NOT HAVE A DOW CORNING IMPLANT BUT HAD AN IMPLANT WITH DOW CORNING GEL INSIDE
Claims processing is substantially completed in Class 7. At this time, the SF-DCT is waiting for all cure deadlines for Class 7 claimants to expire so that a final tally can be made and payments can begin. Our information is that the SF-DCT will issue these payments late this year.
|
Class 7 - Silicone Gel Material Claims |
|
|
# Class 7 Forms Filed |
54,725 |
|
Failed Prescreen - Ineligible Implant - Failed Marshalling |
37,625 |
|
Foreign Gel Claims Approved & Paid $600 |
652 |
|
Expedited Release Claims Approved & Paid $600 |
6,991 |
|
# of Disease Cash-Out Offers of $3,000 |
7,420 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
15,063 |
|
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
12,816 |
|
TOTAL AMT PAID as of 5/31/2011 |
$21,259,117.39 |
NOTICE OF INTENT CLAIMANTS - CLAIMANTS WHO DID NOT FILE A PROOF OF CLAIM FILE BY THE BAR DEADLINE BUT WHO DID FILE A NOTICE OF INTENT CLAIM BY AUGUST 30, 2004
Claims processing is also complete for Notice of Intent claimants. Below is the summary of claims payments made to this group of claimants:
|
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 |
1,921 |
1885 |
1,611 |
1,132 |
1,621 |
1,145 |
$21,165,624 |
|
MEDICALLY CONTRAINDICATED |
18 |
17 |
15 |
2 |
10 |
0 |
0 |
|
EXPLANT |
1,507 |
1,489 |
1,276 |
1091 |
1,274 |
1,083 |
$5,272,618 |
|
INCREASED EXPLANT |
310 |
310 |
300 |
114 |
300 |
111 |
333,000 |
|
EAP |
273 |
268 |
213 |
40 |
47 |
36 |
$175,200 |
|
TOTALS |
4,029 |
3,969 |
3,415 |
2,379 |
3,252 |
2,375 |
$26,946,441 |
|
5/31/2011 |
|||||||||
|
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 |
$424,682,603.97 |
$137,957,671.37 |
N/A |
$3,071,841.10 |
$38,969,499.50 |
$565,655,774.73 |
N/A |
N/A |
$1,170,337,390.67 |
|
CLASS 6.1 |
$13,869,750.51 |
$4,275,362.44 |
N/A |
$9,000.00 |
$2,922,243.85 |
$7,074,418.48 |
N/A |
N/A |
$28,150,775.28 |
|
CLASS 6.2 |
$3,416,000.00 |
$218,250.00 |
$1,137,000.00 |
$0.00 |
$93,100.00 |
$2,260,300.00 |
N/A |
N/A |
$7,124,650.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$102,500.00 |
N/A |
N/A |
N/A |
$102,500.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$131,400.00 |
N/A |
N/A |
N/A |
$131,400.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$21,259,117.39 |
$0.00 |
N/A |
N/A |
$21,259,117.39 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,756,145.10 |
N/A |
$2,856,500.00 |
$14,175,000.00 |
$18,917,645.10 |
|
CLASS 10.2 / 10.2 |
$6,000.00 |
N/A |
N/A |
N/A |
$155,850.00 |
N/A |
$219,625.00 |
$1,050,875.00 |
$1,432,350.00 |
|
TOTAL |
$442,104,354.48 |
$142,451,283.81 |
$1,137,000.00 |
$3,080,841.10 |
$65,389,855.84 |
$574,990,493.21 |
$3,076,125.00 |
$15,225,875.00 |
$1,247,455,828.44 |
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
|
TOTAL |
|
CLASS 5 |
21,376 |
27,883 |
N/A |
621 |
19,686 |
27,339 |
N/A |
N/A |
96,905 |
|
CLASS 6.1 |
1,159 |
1,442 |
N/A |
3 |
2,445 |
666 |
N/A |
N/A |
5,715 |
|
CLASS 6.2 |
488 |
119 |
380 |
0 |
133 |
561 |
N/A |
N/A |
1,681 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
86 |
N/A |
N/A |
N/A |
86 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
219 |
N/A |
N/A |
N/A |
219 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
12,816 |
0 |
N/A |
N/A |
12,816 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,757 |
N/A |
475 |
497 |
2,755 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,051 |
29,444 |
380 |
624 |
37,403 |
28,566 |
539 |
561 |
120,568 |
SETTLING LATE CLAIMANT PAYMENTS - CLAIMANTS WHO FIRST REQUESTED TO FILE A CLAIM AFTER AUGUST 30, 2004 BUT BEFORE JUNE 1, 2007
Processing is complete on Settling Late Claimants who elected the Full Disease Payment. The CAC is working with the SFDCT about when payments will begin and we hope to have more information on this topic soon.
As a reminder, no new late claims have been allowed by the parties or Court. This means that if you did not file a Proof of Claim or Notice of Intent form by the deadline and if you are not listed as one of the Settling Late Claimants, it is too late to file a claim to receive benefits in this settlement. This statement only applies to late claims. If you are timely registered, you have different deadlines listed in Section 4 below.
4. 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.