CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Dow Corning Bankruptcy Settlement

 

Volume 13, No. 2, March 22, 2016

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

www.tortcomm.org

 

 

CAC                                                                                                                                                                        Sybil Niden Goldrich

P.O. Box 665                                                                                                               Ernest Hornsby, Esq.

St. Marys, OH 45885                                                                          Dianna Pendleton-Dominguez, Esq.

 

 

This is the 131st e-newsletter (Vol. 13, No. 2) 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.

______________________________________________________________________________________________________

 

STATUS OF CLASS 7 CONSENT ORDER

During February and through March 2016, the Settlement Facility has paid most of the approved Class 7 disease claims.  In addition, the Settlement Facility mailed Disease Cash-Out and Expedited Release payments to the "Disputed Marshalling" group.  Some additional payments may be made in April 2016 for claims that were held back because of probate, missing signatures, or other issues such as lack of proper identification.  For example, non-U.S. citizen/residents who are in Class 7 need to provide a proper identification such as a copy of a passport or government issued ID card before they can receive payment.  

If you have any questions about your claim and payment status, contact the Settlement Facility directly at:  info@sfdct.com or by phone at:  866-874-6099.

 

STATUS OF PREMIUM PAYMENTS

We do not have an update on when the Finance Committee will make a recommendation to pay the partial Premium Payments to claimants whose payment was stopped because of the ruling by the Court of Appeals for the Sixth Circuit. The CAC strongly believes – and has urged the Finance Committee – that these payments should be made immediately. We are hopeful that they will file a recommendation with the Court sometime this year. Once a recommendation is filed, the District Court must still approve it.

There is no update on when the final 50% Premium Payment will be made.

INCREASED SEVERITY CLAIMS

The Settlement Plan provides that claimants can assert an "Increased Severity" claim in certain circumstances.  Please read the following criteria carefully to see if you quality:

Disease Option 1

CRITERIA: 

1.       If your disease claim was approved in Disease Option 1 (such as ACTD or ANDS disease claims), AND your disease now qualifies for Severity Level A (100% total disability), you can submit a claim to the $15 million capped fund.

2.       The fund is only for claims that now qualify for Level A. This means that if your disease severity level increased from Level C to Level B, you would NOT be eligible.  The criteria for eligible diseases is listed on the CAC website at:  www.tortcomm.org/diseaseclaims.shtml.  Please note that GCTS is eligible only as a Disease Option 2 claim.  The criteria for Disease Option 1 Severity Level A is further described within each disease criteria. 

3.       It is important to remember that these Increased Severity claims for Option 1 will not be paid until after ALL submissions to this fund are reviewed and evaluated after the June 3, 2019 deadline.  If you have all the medical documentation needed to qualify for Severity Level A, you can submit a claim now and have it reviewed.  Please do not wait until the 2019 deadline to submit a claim if you have one because this can delay processing of your claim.

4.       It is also highly likely that the Increased Severity payments could be reduced because all Disease Option 1 Increased Severity claims must be paid out of the $15 million fund. 

5.       Finally, if your disease claim was approved in Disease Option 1, you CANNOT now apply for a Disease Option 2 disease or Increased Severity claim for Disease Option 2. You can only claim Increased Severity for Disease Option 1.

Disease Option 2

CRITERIA:

1.       If your disease claim was approved in Disease Option 2, you can apply for an Increased Severity Level if you now have a disease or condition that qualifies for a higher level payment. 

2.       This fund is NOT capped.  Increased Severity claims in Disease Option 2 are paid as "Second Priority Payments" just like Premium Payments are paid.

There is no claim form for Increased Severity claims. Also, you do not need your ID labels that were mailed to you previously.  When you send in your medical documentation for an Increased Severity claim, you should note clearly on your cover letter that you are submitting an Increased Severity claim and which Disease Option you were previously approved for (Option 1 or Option 2) and provide your SID number. If you cannot remember which Disease Option you were approved for, please contact the Settlement Facility at 1-866-874-6099 or via email at info@sfdct.com before preparing and submitting your claim. This will help your claim processing move more quickly.

REMINDER: KEEP YOUR ADDRESS AND CLAIM INFORMATION CURRENT WITH THE SETTLEMENT FACILITY!!  EVERY YEAR, MANY CLAIM PAYMENTS AND CORRESPONDENCE ARE RETURNED TO THE SF-DCT BECAUSE CLAIMANTS AND ATTORNEYS HAVE MOVED AND DID NOT PROVIDE A FORWARDING ADDRESS.

 

CLAIMS PAYMENTS (CLASSES 5, 6.1, AND 6.2)

Through February 29, 2016, the SF-DCT has received 82,098 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims).  Of this number, 67,521 or 83% have acceptable proof of at least one Dow Corning breast implant.  Of the 67,521 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,989 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 THROUGH FEB 29, 2016

PERCENTAGE OF CLAIMS APPROVED      CLASS 5  | CLASS 6

TOTAL $$ PAID IN CATEGORY THROUGH FEB 29, 2016

RUPTURE

21,989

72% | 40%

$     423,001523.94

EXPLANT

30,140

99% | 87%

 $    145,902,786.91

EXPLANT ASSISTANCE

    821

98% | 92%

 $       4,058,591.10

INCREASED EXPLANT (6.2 ONLY)

   324

N/A | 69%

 $          972,000.00

EXPEDITED RELEASE

           26,323

92% | 89%

 $     48,500,725.39

DISEASE OPTION 1

           29,634

83% | 74%

 $   429,954,423.34

DISEASE OPTION 2

 1,525  

32% | 23%

 $   195,365,998.75

 

 

 

 

 

 

 

 

TOTAL

110,756

N/A

 $   1,247,756,049.43

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOI CLAIMS – CLASS 5 & 6. & 6.2

 

 

 

 

 

 

 

 

TOTAL FORMS FILED

FORMS FILED WITH POM

ACCEPTABLE POM

APPROVED

COMPLETE

# CLAIMS PAID

TOTAL AMT PAID

RUPTURE

1,948

1914

1,638

1,158

1,614

1,156

$21,349,374

MEDICALLY CONTRAINDICATED

18

16

15

 2

10

 0

 0

EXPLANT

1,683

1,661

1,442

1094

1,442

1,094

$5,320,368

INCREASED EXPLANT

299

299

288

 112

 292

113

          339,000

EAP

118

114

56

40

45

36

$175,200

TOTALS

4,066

4,004

3,439

2,406

3,403

2,399

$27,183,941

TOTAL CLAIMS PAYMENTS FROM JUNE 1, 2004 – FEBRUARY 29, 2016

2/29/2016

 

 

 

 

 

 

 

 

 

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

$426,988,547.19

$146,493,634.71

N/A

$4,206,791.10

$44,570,941.54

$612,225,853.61

N/A

N/A

$1,234,485,768.15

CLASS 6.1

$14,097,750.51

$4,587,969.90

N/A

$12,000.00

$3,221,043.85

$8,628,218.48

N/A

N/A

$30,546,982.74

CLASS 6.2

$3,703,000.00

$249,750.00

$1,311,000.00

$15,000.00

$166,600.00

$4,466,350.00

N/A

N/A

$9,911,700.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$119,800.00

N/A

N/A

N/A

$119,800.00

CLASS 6.2 3

N/A

N/A

N/A

N/A

$516,600.00

N/A

N/A

N/A

$516,600.00

CLASS 7

N/A

N/A

N/A

N/A

$22,931,966.79

$0.00

N/A

N/A

$22,931,966.79

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

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

$444,925,297.70

$151,331,354.61

$1,311,000.00

$4,233,791.10

$73,444,947.28

$625,320,422.09

$3,086,125.00

$15,265,875.00

$1,318,918,812.78

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

TOTAL

CLASS 5

21,494

29,603

N/A

848

22,509

29,172

N/A

N/A

103,626

CLASS 6.1

1,178

1,547

N/A

4

2,694

815

N/A

N/A

6,238

CLASS 6.2

529

137

437

5

238

1,171

N/A

N/A

2,517

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

CLASS 7

N/A

N/A

N/A

N/A

13,938

0

N/A

N/A

13,938

CLASS 9

26

N/A

N/A

N/A

1,763

N/A

476

498

2,763

CLASS 10.2 / 10.2

2

N/A

N/A

N/A

261

N/A

64

64

391

TOTAL

23,229

31,287

437

857

42,365

31,158

540

562

130,435

 

·         The most recent Class 7 Disease, Disease Cash-Out and Expedited Release payments are not included in this chart.

 

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.

 

Deadline Date

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)

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.