CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 9, No. 7, August 29, 2012
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 95th e-newsletter (Vol. 9, 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.
To contact the CAC, use the email address: info@tortcomm.org or dpend440@aol.com. You can also contact the CAC directly at 419-394-0717.
NOTE: We do NOT have any updates on the pending motions for Premium Payments, Tissue Expanders or Time Value Credit (the 6th Circuit appeal). Please do not write to ask us when the court will issue a ruling. We do not know when the court will rule. As soon as we receive information about a ruling, we will send out a newsletter and post an update on our website.
1. CLAIMS REPORT
The Settlement Facility has released information about the status of claims processing and payments through
July 31, 2012, The information is summarized below:
Through July 31, 2012, the SF-DCT has received 77,818 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,593 or 84.29% have acceptable proof of at least one Dow Corning breast implant. Of the 65,593 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,897 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
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CLASS 5, 6.1 AND 6.2 |
(EXCLUSIVE OF NOI PAYMENTS) |
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(DOW CORNING BREAST IMPLANT CLAIMS) |
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CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH JULY 31, 2012 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH JULY 31, 2012 |
|
RUPTURE |
21,897 |
71% | 40% |
$ 421,509,823.94 |
|
EXPLANT |
28,575 |
99% | 96% |
$ 138,319,277.61 |
|
EXPLANT ASSISTANCE |
608 |
92% | 83% |
$ 3,003,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
282 |
N/A | 92% |
$ 606,500.00 |
|
EXPEDITED RELEASE |
23,680 |
92% | 88% |
$ 44,028,307.77 |
|
DISEASE OPTION 1 |
28,037 |
84% | 70% |
$ 413,579,808.98 |
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DISEASE OPTION 2 |
1,418 |
30% | 15% |
$ 182,235,159.42 |
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|
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TOTAL |
104,497 |
N/A |
$ 1,203,282,518.82 |
The Settlement Facility is current in reviewing Proof of Manufacturer, Explant and Disease claims and requests for re-review.
Class 7 – Silicone Gel Material Claims
|
Class 7 – Silicone Gel Material Claims |
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|
# Class 7 Forms Filed |
55,950 |
|
Failed Prescreen – Ineligible Implant – Failed Marshalling |
38,115 |
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Foreign Gel Claims Approved & Paid $600 |
710 |
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Expedited Release Claims Approved & Paid $600 |
6,654 |
|
# of Disease Cash-Out Offers of $3,000 |
7,562 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
14,926 |
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TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
13,374 |
|
TOTAL AMT PAID as of 7-31-12 |
$22,186,717.39 |
The Settlement Facility is still working on finalizing the review of Class 7 disease claims for those persons who rejected the Disease Cash-Out Offer. Once we have a firm date, we will post this on our website and in our newsletter.
TOTAL NUMBER OF CLAIMS AND PAYMENTS PAID BY THE SETTLEMENT FACILITY TO DATE (JUNE 1, 2004 – JULY 31, 2012)
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7/31/2012 |
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INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS) |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
OTHER PRODUCTS PREMIUM PAYMENT |
TOTAL |
|
CLASS 5 |
$425,708,847.19 |
$139,168,482.87 |
N/A |
$3,166,841.10 |
$40,248,123.92 |
$585,414,499.92 |
N/A |
N/A |
$1,193,706,795.00 |
|
CLASS 6.1 |
$13,953,750.51 |
$4,323,362.44 |
N/A |
$12,000.00 |
$3,029,043.85 |
$7,998,418.48 |
N/A |
N/A |
$29,316,575.28 |
|
CLASS 6.2 |
$3,556,000.00 |
$234,000.00 |
$1,176,000.00 |
$0.00 |
$126,000.00 |
$2,402,050.00 |
N/A |
N/A |
$7,494,050.00 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$107,300.00 |
N/A |
N/A |
N/A |
$107,300.00 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$373,200.00 |
N/A |
N/A |
N/A |
$373,200.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,186,717.39 |
$0.00 |
N/A |
N/A |
$22,186,717.39 |
|
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 |
$443,354,597.70 |
$143,725,845.31 |
$1,176,000.00 |
$3,178,841.10 |
$67,983,380.26 |
$595,814,968.40 |
$3,076,125.00 |
$15,225,875.00 |
$1,273,535,632.77 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,427 |
28,129 |
N/A |
640 |
20,331 |
28,105 |
N/A |
N/A |
98,632 |
|
CLASS 6.1 |
1,166 |
1,458 |
N/A |
4 |
2,534 |
753 |
N/A |
N/A |
5,915 |
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CLASS 6.2 |
508 |
128 |
393 |
0 |
180 |
597 |
N/A |
N/A |
1,806 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
90 |
N/A |
N/A |
N/A |
90 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
622 |
N/A |
N/A |
N/A |
622 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,374 |
0 |
N/A |
N/A |
13,374 |
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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 |
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TOTAL |
23,129 |
29,715 |
393 |
644 |
39,150 |
29,455 |
539 |
561 |
123,586 |
2. 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.
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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.