CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Dow Corning Bankruptcy Settlement

 

Volume 9, No. 8, October 24, 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.

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This is the 96th e-newsletter (Vol. 9, No. 8) 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.

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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.     DATE SET FOR ORAL ARGUMENT BEFORE U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT

The U.S. Court of Appeals has set a date of December 4, 2012 for oral argument on the pending appeal on the Time Value Credit issue.  This appeal involves the issue of whether Dow Corning can claim a credit for interest earned on the Initial Payment that was made before the Effective Date of the Plan.  The CAC successfully argued to the District Court that the bankruptcy settlement provided that the claimants, not Dow Corning, would get the benefit of the interest earned on the Initial Payment.  Dow Corning filed the present appeal.

2.      CLAIMS PROCESSING STATUS

The Claims Administrator reports that claims processing is current at the Settlement Facility. 

 

3.      UPDATED AFFIRMATIVE STATEMENTS FOR PROOF OF MANUFACTURER OF A DOW CORNING BREAST IMPLANT

The Settlement Facility has updated its list of approved affirmative statements that can be relied upon to establish acceptable proof of a Dow Corning implant.  To check if your implanting doctor has submitted an affirmative statement that has been accepted, please check here:  http://www.sfdct.com/tasks/render/file/?fileid=96910EBA-0103-42E2-8B9F04BACE99C756

 

4.      PLEASE KEEP YOUR ADDRESS AND CONTACT INFORMATION CURRENT WITH THE SETTLEMENT FACILITY

 

It is very important that you keep your address and contact information current with the Settlement Facility.  If you change your name, address or other contact information, please send an email to the Settlement Facility at:  info@sfdct.com.  Hundreds of letters and checks for benefits are returned to the Settlement Facility every year because claimants have moved and have not provided a new address.

Also, if a claimant has passed away, their estate can still recover benefits.  For more information, contact the Settlement Facility at info@sfdct.com.

5.      CLAIMS REPORT THRU SEPTEMBER 2012

The Settlement Facility has released information about the status of claims processing and payments through September 30, 2012,  The information is summarized below:

Through September 30, 2012, the SF-DCT has received 77,774 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims).  Of this number, 65,614 or 84.36% have acceptable proof of at least one Dow Corning breast implant.  Of the 65,614 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.

CLASS 5, 6.1 AND 6.2

(EXCLUSIVE OF NOI PAYMENTS)

 

 

 

(DOW CORNING BREAST IMPLANT CLAIMS)

 

 

 

 

 

 

CLAIM CATEGORY

NUMBER OF CLAIMS PAID THRU SEPT 30, 2012

PERCENTAGE OF CLAIMS APPROVED      CLASS 5  | CLASS 6

TOTAL $$ PAID IN CATEGORY THRU SEPT 30, 2012

RUPTURE

21,897

71% | 40%

$     421,481,823.94

EXPLANT

28,604

99% | 96%

 $    138,455,077.61

EXPLANT ASSISTANCE

    608

92% | 83%

 $       3,003,641.10

INCREASED EXPLANT (6.2 ONLY)

   285

N/A | 92%

 $          614,200.00

EXPEDITED RELEASE

           23,793

92% | 88%

 $     44,229,966.96

DISEASE OPTION 1

           28,196

84% | 70%

 $   415,679,558.98

DISEASE OPTION 2

 1,430  

30% | 22%

 $   183,632,766.26

 

 

 

 

 

 

 

 

TOTAL

104,813

N/A

$   1,207,097,034.85

9/30/2012

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

$425,676,847.19

$139,292,282.87

N/A

$3,166,841.10

$40,442,583.11

$588,659,356.76

N/A

N/A

$1,197,237,911.03

CLASS 6.1

$13,965,750.51

$4,335,362.44

N/A

$12,000.00

$3,030,243.85

$8,247,418.48

N/A

N/A

$29,590,775.28

CLASS 6.2

$3,563,000.00

$234,000.00

$1,188,000.00

$0.00

$131,600.00

$2,416,050.00

N/A

N/A

$7,532,650.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$107,300.00

N/A

N/A

N/A

$107,300.00

CLASS 6.2 3

N/A

N/A

N/A

N/A

$376,800.00

N/A

N/A

N/A

$376,800.00

CLASS 7

N/A

N/A

N/A

N/A

$22,745,317.39

$0.00

N/A

N/A

$22,745,317.39

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

$443,341,597.70

$143,861,645.31

$1,188,000.00

$3,178,841.10

$68,746,839.45

$599,322,825.24

$3,076,125.00

$15,225,875.00

$1,277,941,748.80

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

 

TOTAL

CLASS 5

21,426

28,154

N/A

640

20,429

28,249

N/A

N/A

98,898

CLASS 6.1

1,167

1,462

N/A

4

2,535

775

N/A

N/A

5,943

CLASS 6.2

509

128

397

0

188

600

N/A

N/A

1,822

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

628

N/A

N/A

N/A

628

CLASS 7

N/A

N/A

N/A

N/A

13,801

0

N/A

N/A

13,801

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

23,130

29,744

397

644

39,690

29,624

539

561

124,329

 

 

6.       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.