CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 12, No. 8, September 17, 2015
Contact the CAC at: firstname.lastname@example.org or
phone: (419) 394-0717
fax: (419) 394-1748
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
This is the 126th e-newsletter (Vol. 12, 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: email@example.com. Please do not hit “Reply” to this email address. To contact the CAC, use the email address: firstname.lastname@example.org or email@example.com. You can also contact the CAC directly at 419-394-0717.
STATUS OF THE CLASS 7 CONSENT ORDER
For the past several years, thousands of Class 7 claims were denied because the SF-DCT determined that the claimant had not “marshalled their recoveries” against their breast implant manufacturer. Simply put, claimants had not applied for compensation that they might have been eligible for in the Revised Settlement Program. The CAC disagreed with the SF-DCT's interpretation of marshaling. Under an agreed process to handle disputes interpreting the Plan, the CAC negotiated a resolution that allowed most of these Class 7 denied claims to be eligible for review and payment. This resolution is the Class 7 Consent Order that we filed jointly with Dow Corning on May 26, 2015.
The deadline to object to the Class 7 Consent Order was July 27, 2015. About 80 unrepresented claimants sent a letter to the Court, but very few of these raised an objection to allowing Class 7 claims to finally be paid. A significant number of them subsequently sent a letter to the Court clarifying that they were not objecting to the Consent Order, and these “objections” have now been withdrawn. Another filing objected to the time frame eligibility for Class 7 claimants (implanted between Jan. 1, 1976 – Jan. 1, 1992) on behalf of 71 Korean claimants. This filing did not object to Class 7 claims being paid; it requested that Korean claimants be allowed to file a Class 7 claim even though their implantations occurred outside of the eligible dates.
On September 15, 2015, the CAC and Dow Corning filed a Joint Response to these filings. A copy of the Joint Response is on the CAC website. Objectors (those persons who filed an Objection to the Consent Order) have until Oct. 2, 2015 to file a Reply brief. There will be a hearing on October 20, 2015 at 11 am in Detroit, Michigan. This hearing date is new (it was originally scheduled for Oct. 15, 2015). If any Objector fails to appear at the hearing, the court may deny that objection with prejudice.
Sometime after October 20, 2015 (it will not be on October 20, 2015), the District Court will issue an opinion and Order on the proposed Consent Order. We do not know when the court will issue a ruling on whether it will approve the Consent Order. Claims in Class 7 cannot be paid until the Consent Order is entered. It could take a week, or it could take 6 months or more for the court to rule. Again, the court will NOT rule on October 20th. The District Court is not under any timetable or deadline to issue a ruling, and we do not know when it will happen. We will continue to ask the Court to expedite an Order on this so that Class 7 claims can be paid immediately upon entry of an order approving the terms.
ATTORNEYS MUST SUBMIT A NEW W-9 TO THE SF-DCT
The paying agent for the SF-DCT, Wells Fargo, requires that all attorneys must submit a new W-9 to the SF-DCT before payment can be issued to either them or their clients. The W-9 form was revised by the IRS in December 2014. You can download a copy of the new W-9 on the Home Page of the CAC website (www.tortcomm.org) or by contacting the SF-DCT at firstname.lastname@example.org.
Send the completed form to the Settlement Facility in Houston. Their address is:
P.O. Box 52429
Houston, TX 77052-2429
STATUS OF PREMIUM PAYMENTS
There is no news on the status of Premium Payments. The ruling from the Court of Appeals is final and cannot be changed. The next step in this process is for the Finance Committee to make a written recommendation to the District Court asking for approval to either complete the remaining Partial Premium Payments and/or to recommend the remaining 50% Premium Payment to be authorized. Once the Finance Committee makes its recommendation, Dow Corning can still oppose it. There would likely be a hearing, and then the court would enter its opinion and Order sometime after that. Typically, an order is not entered immediately after a hearing. It usually takes several months or longer. Realistically, we do not see any hope that the remaining partial Premium Payments will be made this year, even though we will continue to do everything in our power to try and make this happen. We are very frustrated by this delay and we know from the comments we've received that you are frustrated as well. We will continue to relay your frustration and need for urgency to the Finance Committee.
Please mark your calendar with the following claim submission deadline. Please note that this deadline means 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 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.
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.