CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 14, No. 1, January 3, 2017
Contact the CAC at: email@example.com 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.
FINANCE COMMITTEE FILES A MOTION RECOMMENDING THAT THE SF-DCT PAY 50% PREMIUM PAYMENTS FOR CLASS 5 AND 6 DISEASE AND RUPTURE CLAIMS, 50% OF APPROVED INCREASED SEVERITY DISEASE CLAIMS,AND 50% OF PAYMENTS TO CLASS 16 CLAIMANTS
On December 30, 2016, the Finance Committee filed a motion with the District Court recommending that it approve 50% Premium Payments to women who have or had Dow Corning breast implants (Classes 5 and 6) who have an approved Disease and/or Rupture claim, AND to approved Option 2 Disease claimants who successfully document an Increased Severity disease claim, AND to claims in Class 16 (Dow Chemical claims). If approved, this would allow claimants who did not previously receive their 50% Premium Payment to be paid, plus it would allow claimants in Disease Option 2 to be paid for approved Increased Severity claims.
Claimants who have already received a 50% Premium Payment would NOT receive an additional Premium Payment for their Disease and/or Rupture claim at this time UNLESS they also have an approved Disease Option 2 Increased Severity claim.
We expect Dow Corning to oppose this recommendation. Both parties will be allowed to submit a brief to the District Court, and a hearing will be held in March. We are hopeful that the District Court will rule quickly. HOWEVER, even if the District Court approves the 50% Premium Payments, we expect Dow Corning to appeal once again to the Court of Appeals for the 6th Circuit.
The Finance Committee did NOT recommend paying 50% Premium Payments to those who have already received a 50% Premium Payment. It is likely that this final Premium Payment will be made at or near the end of the Settlement Plan in 2019 after all claims have been processed.
A copy of the Finance Committee's motion is posted on the CAC website, www.tortcomm.org under the heading "Premium Payment Issues." We will post all other briefings there as they are filed.
REMINDER: Please keep your contact information current with the Settlement Facility. You can email them at: firstname.lastname@example.org with any updates. This includes a change of address, name, email, phone number, and/or change in attorney information. It also includes informing the Settlement Facility about the death of a claimant and providing probate documents for a deceased claimant. This will help expedite payment on approved claims and will avoid checks being returned to the Settlement Facility when a claimant cannot be located.
REMINDER: The FINAL DEADLINE to file any and all claims with the Settlement Facility is June 3, 2019. If you have a Disease claim, an Increased Severity disease claim, or if you want to file a claim for an Expedited Release Payment, you MUST SUBMIT YOUR CLAIM FORM AND DOCUMENTS BY JUNE 3, 2019. If you have any questions about your claim, contact the Settlement Facility at 1-866-874-6099.
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)
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.