CLAIMANTS' ADVISORY COMMITTEE           

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 17, No. 6, September 10, 2020

 

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Email: info@tortcomm.org or

Phone: (419) 394-0717 or

Website:  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 170th e-newsletter (Vol. 17, No. 6) 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.

 

SF-DCT CONTINUES TO PROCESS AND PAY DISEASE CLAIMS 

The Settlement Facility implemented a remote claims processing plan in April 2020, shortly following the temporary closure of its offices because of the coronavirus pandemic. Because of their foresight and planning, claims processing and payment has continued uninterrupted since that time. The Settlement Facility has recently reported increased productivity in processing disease claims. Claims payments have also resumed uninterrupted.

In addition, the Settlement Facility is finalizing plans to institute remote phone access and thereby increase the ability of staff to answer telephone calls. This will allow for greater access to the Settlement Facility during normal business hours.

 

CLAIMS PAYMENT REPORT THROUGH JULY 31, 2020

Through July 2020, the Settlement Facility has issued payments totaling approximately $1.375 billion for approved claims in Classes 5, 6.1, 6.2, 7, 9, 10.1 and 10.2. The breakdown of payments by class and benefit type is listed below.

 

7/31/2020

 

 

 

 

 

 

 

 

 

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

$430,905,011.16

$147,092,234.39

N/A

$4,206,791.10

$50,097,781.78

$638,939,254.59

N/A

N/A

$1,271,241,073.02

CLASS 6.1

$14,316,750.51

$4,623,969.90

N/A

$12,000.00

$3,501,707.78

$10,577,718.48

N/A

N/A

$33,032,146.67

CLASS 6.2

$3,731,000.00

$258,500.00

$1,332,000.00

$15,000.00

$243,600.00

$4,560,850.00

N/A

N/A

$10,140,950.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$200,200.00

N/A

N/A

N/A

$200,200.00

CLASS 6.2 3

N/A

N/A

N/A

N/A

$537,600.00

N/A

N/A

N/A

$537,600.00

CLASS 7

N/A

N/A

N/A

N/A

$25,573,486.33

$13,544,364.39

N/A

N/A

$39,117,850.72

CLASS 9

$130,000.00

N/A

N/A

N/A

$1,765,145.10

N/A

$2,866,500.00

$14,215,000.00

$18,976,645.10

CLASS 10.2 / 10.2

$6,000.00

N/A

N/A

N/A

$156,450.00

N/A

$224,125.00

$1,050,875.00

$1,437,450.00

TOTAL

$449,088,761.67

$151,974,704.29

$1,332,000.00

$4,233,791.10

$82,075,970.99

$667,622,187.46

$3,090,625.00

$15,265,875.00

$1,374,683,915.51

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

TOTAL

CLASS 5

21,692

29,726

N/A

848

25,319

30,331

N/A

N/A

107,916

CLASS 6.1

1,198

1,559

N/A

4

2,930

1,151

N/A

N/A

6,842

CLASS 6.2

533

142

444

5

348

1,182

N/A

N/A

2,654

CLASS 6.2 2

N/A

N/A

N/A

N/A

168

N/A

N/A

N/A

168

CLASS 6.2 3

N/A

N/A

N/A

N/A

896

N/A

N/A

N/A

896

CLASS 7

N/A

N/A

N/A

N/A

16,814

1,708

N/A

N/A

18,522

CLASS 9

26

N/A

N/A

N/A

1,766

N/A

476

498

2,766

CLASS 10.2 / 10.2

2

N/A

N/A

N/A

262

N/A

65

64

393

TOTAL

23,451

31,427

444

857

48,503

34,372

541

562

140,157

 

SETTLEMENT FACILITY IS SENDING LETTERS TO LAW FIRMS AND CLAIMANTS ABOUT STALE CHECKS (CHECKS THAT WERE ISSUED BUT NEVER CASHED)

The Settlement Facility has reported that there are a large number of stale checks – checks that have been issued by the Settlement Facility but were not cashed within 180 days from issuance and are therefore void. Currently, there are approximately 380 stale checks for Base Payments to Dow Corning Breast Implant Claimants (Classes 5, 6.1, and 6.2) totaling almost $1.7 million (see chart below). In addition, there are approximately $2.8 million from the first round of partial Premium Payments that are considered stale and have been voided. We believe most of the problems with stale checks were caused by bad addresses, i.e., claimants who moved and did not provide an updated address to the Settlement Facility. This is why it is important to update your contact information with the Settlement Facility. If you fail to keep your address current, then any future payment to you will be delayed or permanently denied if the Settlement Facility does not have a current address for you in time to pay your claim by a date that will be set by the District Court sometime in the future. Please make sure that the Settlement Facility knows where to send mail to you at all times

 

 

 

STALE CHECKS REPORT – BASE PAYMENTS

7/31/2020

 

 

 

 

 

 

 

 

 

STALE CHECKS

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

OTHER PRODUCTS PREMIUM PAYMENT

TOTAL

CLASS 5

$220,000.00

$165,000.00

N/A

$5,000.00

$359,400.00

$783,870.03

N/A

N/A

$1,533,270.03

CLASS 6.1

$24,000.00

$12,000.00

N/A

$0.00

$51,600.00

$36,000.00

N/A

N/A

$123,600.00

CLASS 6.2

$0.00

$0.00

$0.00

$0.00

$4,200.00

$19,250.00

N/A

N/A

$23,450.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$4,800.00

N/A

N/A

N/A

$4,800.00

CLASS 6.2 3

N/A

N/A

N/A

N/A

$9,000.00

N/A

N/A

N/A

$9,000.00

CLASS 7

N/A

N/A

N/A

N/A

$52,800.00

$117,190.00

N/A

N/A

$169,990.00

CLASS 9

$0.00

N/A

N/A

N/A

$10,000.00

N/A

$5,000.00

$0.00

$15,000.00

CLASS 10.2 / 10.2

$0.00

N/A

N/A

N/A

$350.00

N/A

$0.00

$0.00

$350.00

TOTAL

$244,000.00

$177,000.00

$0.00

$5,000.00

$492,150.00

$956,310.03

$5,000.00

$0.00

$1,879,460.03

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

TOTAL

CLASS 5

11

33

N/A

1

182

67

N/A

N/A

294

CLASS 6.1

2

4

N/A

0

43

6

N/A

N/A

55

CLASS 6.2

0

0

0

0

6

6

N/A

N/A

12

CLASS 6.2 2

N/A

N/A

N/A

N/A

4

N/A

N/A

N/A

4

CLASS 6.2 3

N/A

N/A

N/A

N/A

15

N/A

N/A

N/A

15

CLASS 7

N/A

N/A

N/A

N/A

44

26

N/A

N/A

70

CLASS 9

0

N/A

N/A

N/A

10

N/A

1

0

11

CLASS 10.2 / 10.2

0

N/A

N/A

N/A

1

N/A

0

0

1

TOTAL

13

37

0

1

305

105

1

0

462

 

STALE CHECKS REPORT – PREMIUM PAYMENTS

7/31/2020

STALE PREMIUM PAYMENTS

 

RUPTURE - PREMIUM

DISEASE - PREMIUM

DISEASE - INCREASED

TOTAL

CLASS 5

$1,233,750.00

$1,569,000.00

$15,000.00

$2,817,750.00

CLASS 6.1

$43,500.00

$18,900.00

$0.00

$62,400.00

CLASS 6.21

$6,125.00

$11,900.00

$0.00

$18,025.00

TOTAL

$1,283,375.00

$1,599,800.00

$15,000.00

$2,898,175.00

 

RUPTURE - PREMIUM

DISEASE - PREMIUM

DISEASE - INCREASED

TOTAL

CLASS 5

496

1,023

$1.00

1,520

CLASS 6.1

29

15

$0.00

44

CLASS 6.21

7

34

$0.00

41

TOTAL

532

1,072

1

1,605

 

NEW INITIATIVE TO LOCATE CLAIMANTS WITH STALE CHECKS

The Settlement Facility has recently begun a new initiative to locate Class 5, 6.1,a nd 6.2 Dow Corning Breast Implant Claimants and law firms that have not cashed checks sent to them. Law firms will receive a letter from the Settlement Facility along with a form to complete.  ATTORNEYS AND LAW FIRMS ARE REQUIRED TO COMPLETE AND RETURN THE STALE CHECK FORM and to check their trust accounts for checks that were cashed and deposited in their trust accounts but never disbursed to claimants. Failure to respond to these letters may result in legal action before the District Court by the Finance Committee. We urge all law firms to comply with the letter from the Settlement Facility.

Please direct any questions about stale checks and the form/ letter directly to the Settlement Facility at:

info@sfdct.com, or

866-874-6099

STATUS OF SECOND PRIORITY PAYMENTS ("PREMIUM PAYMENTS")

The Finance Committee is continuing its efforts to comply with the Settlement Facility Plan language to obtain approval from the District Court to make any finial Second Priority Payments (including Premium Payments). The Plan requires them to submit this analysis to the District Court and seek the Court's approval to issue the final Premium Payments under a very specific standard – "that all Allowed and allowable claims … have been either paid or adequate provision has been made to assure such payments." The U.S. Court of Appeals for the Sixth Circuit has interpreted this language to mean that future Base Payments must be virtually guaranteed before Premium Payments can be made. This is a high standard and requires specific evidence to be presented.

We will continue to work with the Finance Committee to urge them to make their recommendation this year – probably in the fourth quarter of 2020 -- and to request an expedited hearing with the Court. This would be the earliest that this could happen, and then we would need to wait for the Court to issue an Order allowing these payments. As a result, this means that realistically, the remaining Premium Payment, if allowed by the Court, would not be issued until sometime in 2021.

We would love to tell you we know exactly when Premium Payments will be issued, but we cannot do that. We have and will continue to strongly urge the Finance Committee to act in an expedited way so that these payments can be issued to you as quickly as possible.

If anyone with a pending claim has passed away, please notify the Settlement Facility about this at your earliest convenience so that you can start the process of obtaining appropriate probate documents to send to the Settlement Facility. The address to send all documents to is listed below.

 

CONTACT INFORMATION FOR THE SETTLEMENT FACILITY:

 

ADDRESS:

Settlement Facility-DCT

P.O. Box 52429

Houston, TX 77052

 

PHONE NUMBER:  866-874-6099

EMAIL:   info@sfdct.com

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 info@sfdct.com.

 

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.