CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 9, No. 4, April 20, 2012
Contact the CAC at: firstname.lastname@example.org or
phone: (419) 394-0717
fax: (419) 394-1748
Sybil Niden Goldrich
Ernest Hornsby, Esq
Dianna Pendleton-Dominguez, Esq.
This is the 92nd e-newsletter (Vol. 9, 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: email@example.com. Please do not hit "Reply" to this email address. Please use the email address: firstname.lastname@example.org.
Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at email@example.com or 866-874-6099. The Claimants' Advisory Committee does not have access to individual claimant files to answer these kinds of questions.
1. REMINDER ABOUT UPCOMING EXPLANT DEADLINE -- JUNE 2, 2014
This is an URGENT REMINDER about the upcoming Explant Claim deadline on June 2, 2014. The Settlement Facility will pay $5,000 (U.S.) if you have your Dow Corning breast implant removed before June 2, 2014 AND you file the Explant Claim Form and supporting medical documents by this date. It can take six months or longer to schedule the explant surgery and get the supporting medical documents from the surgeon / hospital to document an Explant claim. If this is a payment that you want to apply for, you should consider making arrangements now.
NO Explant payments will be allowed for surgeries that occur after June 2, 2014 or for claim forms that are received after this date. We have dealt with many, many claimants who missed a deadline in the Plan and had their payment denied. Please do not miss the deadline if you want to receive the Explant Payment.
2. UPDATE ON PREMIUM PAYMENT MOTION
The court has not ruled on the request to make Premium Payments. We do not know when the court will rule. When we receive a ruling, we will send an e-newsletter and update our website.
3. UPDATE ON 6TH CIRCUIT COURT OF APPEALS AND THE TIME VALUE CREDIT RULING
As we reported previously, Dow Corning filed an appeal with the Court of Appeals for the 6th Circuit, appealing the District Court's ruling that the interest accrued on the Initial Payment did not count towards its funding obligations. The 6th Circuit recently established a schedule to submit briefs. Dow Corning's brief is due on May 10, 2012, and our response is due on June 12, 2012. We do not have a date for oral argument. When the briefs are filed, we will post them on our website.
4. RECENT RULINGS BY THE DISTRICT COURT
The District Court recently entered rulings on individual requests by claimants who missed all of the filing deadlines to register a claim in the bankruptcy. The court ruled that the requests did not meet the standard of "excusable neglect" and therefore denied all of the requests.
5. REMINDER: SETTLEMENT FACILITY OFFICES HAVE MOVED TO A NEW LOCATION
The Settlement Facility offices have moved to a new location as of April 3, 2012. The mailing address for claim forms will remain the same: P.O. Box 52429, Houston, Texas 77052-2429. To send documents to the Settlement Facility by overnight mail (Federal Express or a similar service), the new address is:
3200 SW Freeway, Suite 1500
Houston, TX 77027 (Please note the corrected zip code)
The phone number for the Settlement Facility will remain the same: 866-874-6099.
6. CLAIMS REPORT
The Settlement Facility reports that they are current in reviewing all claims. Current means that the claim form will be reviewed in 30-45 days from the day it is received. If you filed a claim more than 90 days ago and have not heard anything, contact the Settlement Facility about the status of the claim.
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.
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: firstname.lastname@example.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
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.