CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 8, No. 10, November 11, 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 88th e-newsletter (Vol. 8, No. 10) 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 filed its supplemental motion supporting the payment of Premium Payments. A copy of the motion is available on the CAC website (www.tortcomm.org). Today, the CAC will file its response to the motion supporting the recommendation that the Court approve premium payments to be made as soon as possible. Dow Corning will also file a response today, and we anticipate that they will oppose the payments or oppose the timing of when payments can be made. As soon as the two responses are filed, we will post them on our website.

 

The Court has set a hearing on the motion for Monday, December 12. Sometime after the hearing (we do not know when), the Court will issue a ruling on whether Premium Payments will be made. It is very unlikely that the court will rule on the motion at the hearing. Instead, the court will issue a written opinion and order. We do not know when that will happen, but it will not be on December 12. Until the Court issues this order, premium payments cannot be made.

 

SF-DCT IS AUDITING APPROVED CLAIMS TO PREPARE FOR PREMIUM PAYMENTS: If you had an approved Rupture and/or Disease claim and are a Dow Corning breast implant claimant (Classes 5, 6.1 and 6.2), then the SF-DCT is auditing these files to assure that your claim is ready for Premium Payments if the Court approves them. If you received a letter from the SF-DCT stating that you are not eligible for Premium Payments because of this audit, please contact us. Fax us the letter at 419-394-1748 or email it to: info@tortcomm.org. If you do not have access to a fax or email, mail it to us at P.O. Box 665, St. Marys, Ohio 45885.

 

2. NOTICE TO FOREIGN CLAIMANTS

 

The SF-DCT has identified approximately 193 claimants who have an approved claim ready for payment but who have not submitted a copy of a government-issued ID. This requirement applies only to claimants outside of the U.S. The SF-DCT has sent these claimants at least two letters urging them to submit the documentation so that they can receive payment but they have not received any response. If you are a foreign claimant who received this notice from the SF-DCT, please contact them immediately.

 

3. NOTICE TO PERSONS WITH A PROBATE CLAIM

 

The SF-DCT has identified over 200 claims that are approved for payment but cannot be paid at this time because the claimant is deceased and the Executor or Administrator of the estate must submit court-issued documents designating them as the Executor/Administrator. If you are handling a claim for a deceased claimant, please contact the Settlement Facility for information about how to proceed. As soon as the appropriate probate documents are received by the SF-DCT, payment can be issued for all claims that have been approved.

 

4. SF-DCT CONTACT INFORMATION

 

To mail documents to the SF-DCT: Overnight mail: 3100 Main St., Suite 700

Houston, TX 77002

 

Regular mail: P.O. Box 52429

Houston, TX 77052-2429

 

Email: info@sfdct.com

Website: www.sfdct.com

Phone: 1-866-874-6099

 

 

5. STATUS OF PROCESSING CLAIMS AT SF-DCT

 

The Settlement Facility is current in processing all claims (claims are processed within 30 days of receipt).

 

6. CLAIMS PAYMENT REPORT THROUGH OCTOBER 2011

 

10/31/2011

 

 

 

 

 

 

 

 

 

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

$425,298,162.94

$138,571,632.87

N/A

$3,106,841.10

$39,727,899.50

$575,890,887.48

N/A

N/A

$1,182,595,423.89

CLASS 6.1

$13,929,750.51

$4,296,362.44

N/A

$9,000.00

$2,961,843.85

$7,472,218.48

N/A

N/A

$28,669,175.28

CLASS 6.2

$3,465,000.00

$227,000.00

$1,167,000.00

$0.00

$98,000.00

$2,318,050.00

N/A

N/A

$7,275,050.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$103,700.00

N/A

N/A

N/A

$103,700.00

CLASS 6.2 3

N/A

N/A

N/A

N/A

$228,000.00

N/A

N/A

N/A

$228,000.00

CLASS 7

N/A

N/A

N/A

N/A

$21,392,917.39

$0.00

N/A

N/A

$21,392,917.39

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

$442,828,913.45

$143,094,995.31

$1,167,000.00

$3,115,841.10

$66,425,355.84

$585,681,155.96

$3,076,125.00

$15,225,875.00

$1,260,615,261.66

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

TOTAL

CLASS 5

21,407

28,007

N/A

628

20,067

27,753

N/A

N/A

97,862

CLASS 6.1

1,164

1,449

N/A

3

2,478

708

N/A

N/A

5,802

CLASS 6.2

495

124

390

0

140

576

N/A

N/A

1,725

CLASS 6.2 2

N/A

N/A

N/A

N/A

87

N/A

N/A

N/A

87

CLASS 6.2 3

N/A

N/A

N/A

N/A

380

N/A

N/A

N/A

380

CLASS 7

N/A

N/A

N/A

N/A

12,959

0

N/A

N/A

12,959

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

23,094

29,580

390

631

38,130

29,037

539

561

121,962

 

 

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.

 

 

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.