CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 8, No. 9, September 30, 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 87th e-newsletter (Vol. 8, No. 9) 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. UPDATE ON PREMIUM PAYMENT MOTION

 

The Finance Committee will file its supplemental motion supporting the payment of Premium Payments on or before Friday, October 7. The Court has set a hearing on the motion for Monday, December 12. Sometime after the hearing, the Court will issue a ruling on whether Premium Payments will be made and if so, when the payments will begin and in what amount. We will post copies of the relevant briefs on our website - www.tortcomm.org.

 

 

2. FILING ESTATE CLAIMS / UPDATING ADDRESSES

 

Claimants who have passed away before they could file a claim for benefits, or while a claim was pending, or while they are waiting for a Premium Payment on their approved Rupture or Disease claim (Class 5, 6.1 or 6.2 only) may still recover payment(s) from the Settlement Facility if they otherwise qualify for benefits. The authorized representative of the deceased claimant - who is most often the court-approved Executor or Administrator of the claimant's estate - must file the relevant court documents showing that they are authorized to handle the claim and must file any other documents that are required to have the claim approved.

 

Handling an estate claim will likely require that you hire an attorney in the local area where the deceased claimant's estate is being handled so that the attorney can advise you on that state's probate laws.

 

We would also like to remind everyone to keep their contact information (address) current so that the Settlement Facility can keep you informed about the status of your claim and any payments to which you may be entitled. Many claimants who are eligible for a Premium Payment have not returned the Address Verification Form that was sent to them (or their attorney of record). If you do not return this form to the Settlement Facility ASAP, you will not receive your Premium Payment if and when they are approved by the Court. Please take action to protect your right to receive this payment.

 

 

3. CLAIMS PAYMENT REPORT THROUGH AUGUST 2011

 

The Settlement Facility has released information about the status of claims processing and payments through August 31, 2011, The information is summarized below:

 

Through August 31, 2011, the SF-DCT has received 77,264 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,398 or 84.64% have acceptable proof of at least one Dow Corning breast implant. Of the 65,398 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,859 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 AUG 31, 2011

PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6

TOTAL $$ PAID IN CATEGORY THROUGH AUG 31, 2011

RUPTURE

21,859

71% | 40%

$ 420,912,330.72

EXPLANT

28,387

99% | 96%

$ 137,431,216.11

EXPLANT ASSISTANCE

589

92% | 80%

$ 2,910,641.10

INCREASED EXPLANT (6.2 ONLY)

275

N/A | 92%

$ 822,000.00

EXPEDITED RELEASE

22,772

92% | 87%

$ 42,658,133.35

DISEASE OPTION 1

27,521

83% | 68%

$ 406,002,539.67

DISEASE OPTION 2

1,369

29% | 14%

$ 176,084,053.54

 

 

 

 

 

 

 

 

TOTAL

102,772

N/A

$ 1,186,820,914.49

 

 

Class 7 - Silicone Gel Material Claims

 

Approximately 15,071 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 $21.2 million. The total fund is $57.5 million NPV.

 

All disease claims have been processed and the cure deadline for the last Class 7 claimant to fix any problems in their disease claim will soon expire. This means that the Settlement Facility will begin payments to approved Class 7 disease claimants shortly. We hope to report more on the exact timing of payments in the near future. In the meantime, if you are in Class 7 and received a letter from the Settlement Facility identifying problems in your disease claim, please correct those problems by the cure deadline or your disease claim will be permanently barred. If you need assistance in understanding what the problems are and how to fix them, you can call the Claims Assistance Program within the Settlement Facility and ask to speak to a nurse reviewer.

 

 

Class 7 - Silicone Gel Material Claims

# Class 7 Forms Filed

54,724

Failed Prescreen - Ineligible Implant -

Failed Marshalling

37,625

Foreign Gel Claims Approved & Paid $600

652

Expedited Release Claims Approved & Paid $600

6,992

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

7,427

TOTAL PAYMENTS OR CASH-OUT OFFERS

15,071

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

12,846

TOTAL AMT PAID as of 8/31/2011

$21,303,517.39

 

 

TOTAL CLAIMS PAYMENTS TO-DATE

 

8/31/2011

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

$425,077,353.97

$138,204,671.37

N/A

$3,076,841.10

$39,146,299.50

$570,338,574.73

N/A

N/A

$1,175,843,740.67

CLASS 6.1

$13,917,750.51

$4,287,362.44

N/A

$9,000.00

$2,936,643.85

$7,239,418.48

N/A

N/A

$28,390,175.28

CLASS 6.2

$3,444,000.00

$220,000.00

$1,158,000.00

$0.00

$95,200.00

$2,274,300.00

N/A

N/A

$7,191,500.00

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

$21,303,517.39

$0.00

N/A

N/A

$21,303,517.39

CLASS 9

$130,000.00

N/A

N/A

N/A

$1,757,145.10

N/A

$2,856,500.00

$14,175,000.00

$18,918,645.10

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

$442,575,104.48

$142,712,033.81

$1,158,000.00

$3,085,841.10

$65,628,555.84

$579,852,293.21

$3,076,125.00

$15,225,875.00

$1,253,313,828.44

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

 

TOTAL

CLASS 5

21,396

27,933

N/A

622

19,775

27,532

N/A

N/A

97,258

CLASS 6.1

1,163

1,446

N/A

3

2,457

686

N/A

N/A

5,755

CLASS 6.2

492

120

387

0

136

565

N/A

N/A

1,700

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

12,846

0

N/A

N/A

12,846

CLASS 9

26

N/A

N/A

N/A

1,758

N/A

475

497

2,756

CLASS 10.2 / 10.2

2

N/A

N/A

N/A

261

N/A

64

64

391

TOTAL

23,079

29,499

387

625

37,538

28,783

539

561

121,011

 

 

 

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)

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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.