CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 12, No. 9, October 27, 2015
Contact the CAC at: info@tortcomm.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 127th e-newsletter (Vol. 12, No. 9) 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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STATUS OF THE CLASS 7 CONSENT ORDER
The Court held a hearing on the proposed Class 7 Consent Order on October 20, 2015. The motion is under advisement. We hope to receive a ruling in the near future and will continue to update our website and newsletters with any information on this. Until the Order is approved and final, the remaining Class 7 disease claims cannot be paid.
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 info@sfdct.com.
Send the completed form to the Settlement Facility in Houston. Their address is:
SF-DCT
P.O. Box 52429
Houston, TX 77052-2429
STATUS OF PREMIUM PAYMENTS
There is no news on the status of Premium Payments. There are a series of meeting scheduled for November and December with the Finance Committee to review the most recent report from the Independent Assessor. It is our intention to convince the Finance Committee to file a motion as soon as possible seeking approval of the remaining group of claimants that did not receive the 50% Premium Payment. Our next update on this issue will be in January 2016.
CLAIMS PROCESSING AND PAYMENTS
The Settlement Facility has released information about the status of claims processing and payments through September 30, 2015, The information is summarized below:
Through September 30, 2015, the SF-DCT has received 82,177 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 67,420 or 83% have acceptable proof of at least one Dow Corning breast implant. Of the 67,443 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,985 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 |
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(DOW CORNING BREAST IMPLANT CLAIMS) |
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CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH SEPT 30, 2015 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH SEPT 30, 2015 |
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RUPTURE |
21,985 |
72% | 40% |
$ 422,934,523.94 |
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EXPLANT |
30,132 |
99% | 87% |
$ 145,866,786.91 |
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EXPLANT ASSISTANCE |
821 |
98% | 92% |
$ 4,058,591.10 |
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INCREASED EXPLANT (6.2 ONLY) |
324 |
N/A | 69% |
$ 972,000.00 |
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EXPEDITED RELEASE |
25,367 |
92% | 88% |
$ 46,630,925.39 |
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DISEASE OPTION 1 |
29,562 |
83% | 74% |
$ 428,904,623.34 |
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DISEASE OPTION 2 |
1,517 |
31% | 22% |
$ 194,365,998.75 |
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TOTAL |
109,708 |
N/A |
$ 1,243,733,449.43 |
TOTAL CLAIMS PAID FROM JUNE 1, 2004 – SEPTEMBER 30, 2015
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9/30/2015 |
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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 |
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CLASS 5 |
$426,948,547.19 |
$146,468,634.71 |
N/A |
$4,206,791.10 |
$42,753,141.54 |
$610,182,053.61 |
N/A |
N/A |
$1,230,559,168.15 |
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CLASS 6.1 |
$14,097,750.51 |
$4,581,969.90 |
N/A |
$12,000.00 |
$3,171,843.85 |
$8,622,218.48 |
N/A |
N/A |
$30,485,782.74 |
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CLASS 6.2 |
$3,696,000.00 |
$249,750.00 |
$1,311,000.00 |
$15,000.00 |
$163,800.00 |
$4,466,350.00 |
N/A |
N/A |
$9,901,900.00 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$119,800.00 |
N/A |
N/A |
N/A |
$119,800.00 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$516,600.00 |
N/A |
N/A |
N/A |
$516,600.00 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,931,966.79 |
$0.00 |
N/A |
N/A |
$22,931,966.79 |
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CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,762,145.10 |
N/A |
$2,866,500.00 |
$14,215,000.00 |
$18,973,645.10 |
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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 |
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TOTAL |
$444,878,297.70 |
$151,300,354.61 |
$1,311,000.00 |
$4,233,791.10 |
$71,575,147.28 |
$623,270,622.09 |
$3,086,125.00 |
$15,265,875.00 |
$1,314,921,212.78 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
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CLASS 5 |
21,492 |
29,598 |
N/A |
848 |
21,598 |
29,093 |
N/A |
N/A |
102,629 |
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CLASS 6.1 |
1,178 |
1,545 |
N/A |
4 |
2,653 |
814 |
N/A |
N/A |
6,194 |
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CLASS 6.2 |
528 |
137 |
437 |
5 |
234 |
1,171 |
N/A |
N/A |
2,512 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
101 |
N/A |
N/A |
N/A |
101 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
861 |
N/A |
N/A |
N/A |
861 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,938 |
0 |
N/A |
N/A |
13,938 |
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CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,763 |
N/A |
476 |
498 |
2,763 |
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CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
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TOTAL |
23,226 |
31,280 |
437 |
857 |
41,409 |
31,078 |
540 |
562 |
129,389 |
DEADLINE REMINDERS
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.
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Deadline Date |
Type of Deadline |
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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.