CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 16, No. 4, May 22, 2019
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Email: email@example.com or
Phone: (419) 394-0717 or
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
LAST REMINDER: FINAL CLAIMS DEADLINE IS JUNE 3, 2019
All claim forms and claims of all kinds must be mailed in with a postmark date of June 3, 2019 or earlier.
No late claims will be accepted. No exceptions. No extensions.
The final claims deadline applies to all of the following:
- Submission of Increased Severity disease claims (there is no form, simply send in medical records with a written request for an Increased Severity review)
- Submission of all documents needed to cure Proof of Manufacturer deficiencies for claims that were submitted to the Settlement Facility BEFORE June 1, 2018.
- Submission of all documents needed to cure any outstanding deficiency with a cure date of June 3, 2019 (these might include picture ID for non-US claimants, i.e., passport or national ID picture), probate documents such as court appointment of an Executor or Representative, appeals to the Claims Administrator for claims that have an expired cure deadline, and others. If you have any question about whether you need to submit forms or documents to make a claim or what your appeal deadline is, call the Settlement Facility now (866-874-6099).
- Do not wait until the last week to do this because phone lines at the Settlement Facility will be very busy. If you are missing forms or documents, you will need time to obtain these and submit them. ACT NOW to make sure your claim is complete. The link to download claim forms is here: (forms can be downloaded here: www.sfdct.com or http://www.tortcomm.org/sfdct_forms.shtml). At this time, the Settlement Facility does not have enough time to mail claim forms to those requesting them. YOU MUST DOWNLOAD AND PRINT THEM.
- The Settlement Facility currently has a 10 business day backlog in responding to emails, so if you have a question, CALL THEM. It is the fastest way to get a response.
- The mailing address for the Settlement Facility – Dow Corning Trust is:
Settlement Facility – DCT
P.O. Box 52429
Houston, TX 77052-2429
If you want to send documents by overnight mail, send them to:
Settlement Facility – DCT
3200 Southwest Freeway, Suite 1500
Houston, TX 77027
Make sure you keep a receipt from the Post Office or overnight service showing that you mailed the documents on or before the deadline in case this becomes an issue.
You can also bring documents to the Settlement Facility offices at the address listed above but this should done only as a last resort. Claimants are strongly discouraged from doing this and are instead encouraged to send their claim submissions by mail or overnight delivery. This is primarily for law firms that need to deliver a large volume of claims. The SF-DCT will have a representative in the lobby of the building who can accept submissions. Do not go to their offices.
EVERY CLAIMANT MUST SUBMIT A DOW CORNING SF-DCT PROOF OF MANUFACTURER FORM
Every claimant MUST submit a Dow Corning Proof of Manufacturer Form and supporting documents that show you have or had an eligible Dow Corning breast implant. You can download this form on our website, www.tortcomm.org, or on the Settlement Facility website, www.sfdct.com.
If you submitted a Proof of Manufacturer form in the MDL settlement (pre-2004), this will NOT count. YOU MUST SUBMIT THE FORM THAT IS SPECIFIC TO THE DOW CORNING SETTLEMENT. Over 15,000 claimants have a disease claim on record with the Settlement Facility BUT THEY HAVE NOT SUBMITTED A DOW CORNING PROOF OF MANUFACTURER FORM. As a result, their disease claim will NOT be reviewed. Make sure you have submitted the correct Proof of Manufacturer form. When in doubt, resubmit it.
EVERY CLAIMANT MUST ALSO SUBMIT A DISEASE / EXPEDITED RELEASE FORM
Every claimant must also submit a Disease/ Expedited Release form. If you check the box to apply for Disease, you MUST submit supporting medical records for that disease and submit required documents for disability or severity level.
If you do not have a disease claim, you can apply for the Expedited Release Payment. This is a payment of $2,000 (for US claimants). To be approved, your Proof of Manufacturer must be acceptable. There are thousands of women who have submitted acceptable Proof of Manufacturer but who have not submitted the Disease / Expedited Release form. Submit the form on or before June 3, 2019 so you can be eligible for this benefit.
STATUS OF PREMIUM PAYMENTS
The Settlement Facility has mailed letters to all claimants and attorneys of records who are eligible for the first partial Premium Payment seeking a confirmation of their current address. All letters have been mailed. If you received a letter, you must contact the SF by phone, email, or regular mail and confirm your current address. Until you do this, the SF will NOT mail your partial Premium Payment.
FINAL PREMIUM PAYMENT
It will likely take some time, perhaps months, for the SFDCT to open and enter all the claims received by the final claims deadline. Claims must also be reviewed and given an opportunity to cure any deficiencies. The data will be given to the Finance Committee who will then calculate the money needed to make all Base Payments. This process will also likely take several months or perhaps longer depending on the volume of claims. Under the Settlement Plan, the Finance Committee must then make a written recommendation and motion to the District Court about the final Second Priority Payments (Premium Payments). The parties will be given an opportunity to comment, and then the Court must make a ruling authorizing the final Second Priority Payment. We do not know when the Finance Committee will make a recommendation or when the Court will rule. We are committed to continue to apply the maximum pressure on the process to have the final Premium Payments issued as the earliest possible time. We will post any updates in our newsletter, on our website, and on our Facebook page.
HOW CAN YOU STAY INFORMED?
We post frequent updates on our Facebook page -- https://www.facebook.com/ClaimantsAdvisoryCommittee
This is the best way to stay informed. We urge you to like and follow our Facebook page and check it every day for updates, reminders, and new information. A lot will be happening over the next several months. We will also continue to send our e-newsletters, but this will not be done as frequently as our Facebook updates.
Also, check our updated information, claim forms, court orders, information on attorneys still willing to accept new clients, and other related matters on our website, www.tortcomm.org. The Settlement Facility website also has a lot of information that you may find helpful – www.sfdct.com.
DEADLINE AND OTHER REMINDERS
CONTACT INFORMATION FOR THE SETTLEMENT FACILITY:
Send all claim forms, submissions, address changes, and all other documents to the Settlement Facility at: Settlement Facility, P.O. Box 52429, Houston, TX 77052
PHONE NUMBER: 866-874-6099 EMAIL: firstname.lastname@example.org.
PROBATE INFORMATION (BENEFITS PAYABLE AFTER A CLAIMANT'S DEATH): If a claimant has died, her estate can receive the claimant's approved payments, but they must contain certain necessary documents from the probate court. For more information on what the Settlement Facility needs, contact them toll free at: 1-866-874-6099 or by email at email@example.com.
ATTORNEY FEE LIMITS AND EXPENSES: The Plan sets a cap on the attorney fees payable to your attorney (if you were represented individually on your claim). The fee limits are: 10% of the first $10,000; 22.5% of the next $40,000; and 30% of amounts in excess of $50,000. The Plan also lists the types of expenses that attorneys can charge. For more information on allowable fees and expenses, review the Claimant Information Guide at Section 11 (http://www.tortcomm.org/downloads/CIG_ENG_5.pdf.
Please mark your calendar with the following claim submission deadline. Please note that this deadline means that your claim forms and supporting documents must be postmarked on or before the posted deadline. Please mail all forms early enough so your claim will not be late.
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 because they are not allowed to file any claims pursuant to the Agreed Order Allowing Certain Late Claims Limited Rights to Participate in the Plan's Settlement Facility, dated Dec. 12, 2007).
Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2.
ALL claimants must submit a Proof of Manufacturer Form with supporting documents on or before June 3, 2019.
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.