CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 12, No. 10, December 1, 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 128th e-newsletter (Vol. 12, No. 10) 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 motion seeking approval to pay Class 7 disease claimants (the Consent Order) is pending before the District Court. It has been fully briefed and argued. We are hopeful that the Court will issue an Order on this matter in the near future. We 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.
STATUS OF PREMIUM PAYMENTS
There is no news on the status of Premium Payments. We are waiting on a decision by the Finance Committee on whether they will recommend to the District Court to authorize the remaining 50% partial Premium Payments to Dow Corning breast implant claimants. The CAC believes that these payments can and should be made now, and, although we have regular contact with the Finance Committee and parties on this issue, we must first wait for the Finance Committee's decision. We do not have the authority to order the payments be made; only the District Court can do this. The Finance Committee is composed of the Claims Administrator, the Appeals Judge, and the Special Master for the Litigation Facility.
CLAIMS PROCESSING AND PAYMENTS
Claims processing and re-reviews are current. There is no time delay in processing claims.
Claimants who have acceptable proof of a Dow Corning breast implant can apply for either a Disease Payment or an Expedited Release Payment until June 3, 2019. At that time, no new claims for any benefits will be accepted.
INCREASED SEVERITY CLAIMS FOR APPROVED DISEASE OPTION 2 CLAIMANTS
The SF-DCT is sending a letter to all claimants who have an approved Disease Option 2 claim seeking information about whether these claimants have an "Increased Severity" disease claim. This is the letter:
Our records show that you accepted an Option 2 disease payment from the Settlement Facility – Dow Corning Trust (SF-DCT). You may be eligible for an additional payment called an Increased Severity Payment if you can show either of the following:
1) You are diagnosed with a new eligible Disease that is listed in Disease Option 2 and that would have a higher payment amount than your existing Disease Option 2 Disease, OR
2) Your existing Disease Option 2 disease becomes more severe such that it qualifies you for a higher severity level payment amount.
The deadline to apply for a Disease Option 2 Increased Severity Payment is June 3, 2019. You should submit a claim for Increased Severity once you have obtained all the medical documentation that meets the criteria for the new eligible Disease or higher severity level. If you submit a claim and it is missing information or documents, you will have a strict one-year deadline to fix the problems or your Increased Severity claim may be permanently denied. If you file your claim now, the SFDCT will be able to review it quickly. Claims will be reviewed in the order that they are submitted to the SF-DCT. It will take longer to review if you wait until the final deadline of June 3, 2019 to file your claim.
After we review your Disease Option 2 Increased Severity claim, we will notify you of the results; however, Increased Severity payments are NOT approved to be paid at this time. Increased Severity payments will be issued if and when the Court approves distribution of Premium Payments and Class 16 payments, two other types of payment described in the Settlement Plan. Premium Payments and Class 16 payments are not approved to be paid now due to the recent Sixth Circuit Court of Appeals decision.
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It is important to note that the Increased Severity claims described above are ONLY for women who have an approved Disease Option 2 claim. This does NOT apply to women who have an approved Disease Option 1 claim such as ACTD, ANDS, etc. There is a separate fund and criteria applicable to Disease Option 1 claimants (see below).
INCREASED SEVERITY CLAIMS FOR APPROVED DISEASE OPTION 1 CLAIMANTS
Claimants who have an approved Disease Option 1 claim are also eligible for an Increased Severity payment, HOWEVER, the criteria to qualify is DIFFERENT from that of Disease Option 2. Please review the letter the SF-DCT sent to you approving your disease claim to carefully determine whether your approved disease was in Disease Option 1 or 2 BEFORE you submit your documentation. Most claimants (98%) with an approved disease claim in Disease Option 1 were approved for ACTD or ANDS.
The criteria to apply for Increased Severity in Disease Option 1 are:
1) You must have an approved Disease Option 1 claim, AND
2) You must be able to document that you meet the Disability Level "A" for your approved disease. Level "A" Disability requires proof of death or 100% disability in both vocation and self-care, AND
3) You must submit your Increased Severity claim in Disease Option 1 by the June 3, 2019 deadline.
You will be eligible for the difference between your approved disease claim and the Level "A" amount, subject to any reductions if the total approved claim amount for Disease Option 1 Increased Severity exceeds $15 million. This is because there is a $15 million capped fund to pay all approved Disease Option 1 Increased Severity claims. Because of this, these claims will be paid only after ALL Disease Option 1 Increased Severity claims have been evaluated after the June 3, 2019 deadline. Claims will be reviewed in the order that they are submitted to the SF-DCT. It will take longer to review if you wait until the final deadline of June 3, 2019 to file your claim.
For assistance in understanding the strict criteria for Disability Level A claims in Disease Option 1, you can access the disease guideline documents on the CAC website at http://www.tortcomm.org/diseaseclaims.shtml. As noted, most Disease Option 1 claims have been approved as ACTD, so you can review the ACTD guideline and the Level A requirements at pages 142-150. (The motion referenced in these documents has been ruled on. The Court of Appeals ruled that claimants must document 100% disability in BOTH vocation and self-care.)
CLAIMS DATA AND PAYMENTS THROUGH OCTOBER 31, 2015
Through October 31, 2015, the SF-DCT has received 82,081 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 67,524 or 83% have acceptable proof of at least one Dow Corning breast implant. Of the 67,524 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,986 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 OCT 31, 2015 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH OCT 31, 2015 |
|
RUPTURE |
21,986 |
72% | 40% |
$ 422,954,523.94 |
|
EXPLANT |
30,134 |
99% | 87% |
$ 145,874,786.91 |
|
EXPLANT ASSISTANCE |
821 |
98% | 92% |
$ 4,058,591.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
324 |
N/A | 69% |
$ 972,000.00 |
|
EXPEDITED RELEASE |
25,367 |
92% | 88% |
$ 47,206,925.39 |
|
DISEASE OPTION 1 |
29,576 |
83% | 74% |
$ 429,119,623.34 |
|
DISEASE OPTION 2 |
1,517 |
31% | 22% |
$ 194,365,998.75 |
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TOTAL |
110,014 |
N/A |
$ 1,244,552,449.43 |
TOTAL CLAIM PAYMENTS FROM JUNE 1, 2004 – OCT. 31, 2015
To date, the SF-DCT has paid 129,695 claims for benefits totalling almost $1.36 billion. Claims for Classes 7, 9, 10.1, and 10.2 are closed, and claims for Explant, Increased Explant, Explant Assistance, and Rupture are also closed. The only claim available at this time is for Disease or Expedited Release for claimants who have acceptable proof that they have or had a Dow Corning breast implant. The deadline to file a Disease or Expedited Release claim is June 3, 2019.
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10/31/2015 |
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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 |
|
CLASS 5 |
$426,968,547.19 |
$146,473,634.71 |
N/A |
$4,206,791.10 |
$43,327,941.54 |
$610,397,053.61 |
N/A |
N/A |
$1,231,373,968.15 |
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CLASS 6.1 |
$14,097,750.51 |
$4,584,969.90 |
N/A |
$12,000.00 |
$3,173,043.85 |
$8,622,218.48 |
N/A |
N/A |
$30,489,982.74 |
|
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 |
$22,931,366.79 |
$0.00 |
N/A |
N/A |
$22,931,366.79 |
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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 |
$444,898,297.70 |
$151,308,354.61 |
$1,311,000.00 |
$4,233,791.10 |
$72,150,547.28 |
$623,485,622.09 |
$3,086,125.00 |
$15,265,875.00 |
$1,315,739,612.78 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,493 |
29,599 |
N/A |
848 |
21,886 |
29,107 |
N/A |
N/A |
102,933 |
|
CLASS 6.1 |
1,178 |
1,546 |
N/A |
4 |
2,654 |
814 |
N/A |
N/A |
6,196 |
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CLASS 6.2 |
528 |
137 |
437 |
5 |
234 |
1,171 |
N/A |
N/A |
2,512 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
101 |
N/A |
N/A |
N/A |
101 |
|
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 |
23,227 |
31,282 |
437 |
857 |
41,698 |
31,092 |
540 |
562 |
129,695 |
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) Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2. |
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.