CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 11, No. 3, February 12, 2014
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 108th e-newsletter (Vol. 11, No. 3) 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.
STATUS OF PARTIAL PREMIUM PAYMENTS
As anticipated, Dow Corning filed a Notice of Appeal of the District Court's Order approving partial Premium Payments and a Motion to Stay the payments. This means that they have asked the District Court to prevent any payments from being issued while the appeal is being heard. The CAC filed a response opposing the stay and urged the Court to allow the payments to go forward. We do not know when the Court will rule. We have asked the courts to expedite the briefing on the decision on the appeal and stay. In the meantime, the Settlement Facility and the Finance Committee will continue its ongoing work to be prepared to issue the payments. The documents concerning the appeal will not be available on our website until the Court rules on the pending Motion to Seal Pleadings and Exhibits.
STATUS OF TISSUE EXPANDERS
The District Court ruled for the second time that tissue expanders should be treated as Breast Implants under the terms of the Settlement Plan. Dow Corning then filed a second appeal on this issue to the U.S. Court of Appeals for the 6th Circuit. Their brief was filed with the Court of Appeals on Jan. 9th (a copy is on the CAC website). The CAC filed its response brief on Feb. 11th. We do not know when or if the Court of Appeals will hear oral argument. We are hopeful that we will get a ruling quickly since this matter has been briefed and presented to the court previously. A copy of all briefs are available on the CAC's website.
HELPFUL SOCIAL MEDIA SITES FOR DISEASE CLAIMANTS
Listed below are some of the many social media sites that claimants and law firms may find helpful in getting information about diseases that are compensable in the Settlement Plan. These sites are NOT affiliated in any way with any party to the Plan, and we are not endorsing any particular site. We are simply sharing information that you may find helpful in getting information about your disease. If you have additional sites that you can recommend or share with us, please email the CAC at: firstname.lastname@example.org.
Multiple Sclerosis (for ANDS claims):
FIBROMYALGIA / CHRONIC FATIGUE:
EXPLANT CLAIM DEADLINE JUNE 2, 2014
URGENT REMINDER THAT THE DEADLINE TO FILE AN EXPLANT CLAIM IS JUNE 2, 2014. TO BE ELIGIBLE, YOU MUST HAVE YOUR DOW CORNING BREAST IMPLANT REMOVED AND YOU MUST SUBMIT THE EXPLANT CLAIM FORM AND OPERATIVE REPORT ON OR BEFORE JUNE 2, 2014. IF YOU HAVE ANY QUESTIONS ABOUT YOUR ELIGIBILITY, PLEASE CONTACT THE SETTLEMENT FACILITY OFFICES.
STATUS OF "CANADIAN" CLAIMS DISPUTE
The CAC is continuing its efforts to find a resolution to a certain group of claims that were processed by the Settlement Facility as being eligible for Class 6.1, but a subsequent review of the status shows that the claimants might have been eligible for one of the Canadian subclass settlements (Class 6A, 6B, or 6C). Unfortunately, by the time the errors were caught, the deadline for the Canadian settlements had passed and/or the offices were closed and the funds disbursed. We do not have anything more specific to report at this time on this issue.
STATUS OF CLASS 7 PROCESSING AND PAYMENTS
We continue to work to reach an agreement with the Debtor's Representatives to allow the disputed Class 7 disease claims to be processed. This will then allow all the remaining approved Class 7 Disease Claims to be paid. We ask for your patience for just a short while longer while we finalize the details.
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.
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: email@example.com 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.