CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 19, No. 1, January 11, 2022
Email: firstname.lastname@example.org 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.
UPDATE ON PREMIUM PAYMENTS
The Settlement Facility is continuing to make the second premium payment to eligible claimants who have verified their address. Another installment of premium payments is being mailed today, January 11, 2022.
The Settlement Facility is also continuing to mail an address verification letter to eligible claimants. They mailed an additional 5,000 address verification letters this week. Claimants MUST respond to this letter and verify their address before a premium payment will be mailed. If you receive a letter from the SF-DCT asking you to verify your address, you must respond or your payment will NOT be sent. If you have not yet received an address verification letter and/or have not contacted the SF-DCT to confirm your address, we strongly urge you to do so now. You can to this in one of 3 ways:
1. call them toll free from within the U.S. at 866-874-6099 (or if you are outside the U.S., call 713-874-6099), or
2. you can send them an email to: email@example.com, or
3. or you can mail a letter to: SFDCT, P.O. Box 52429, Houston, TX 77052.
Both claimants and attorneys must verify their address.
Please note that if you have verified your address already, you do not need to call or contact the Settlement Facility again for 90 days after that verification. If you call more frequently, it can slow down the process of getting premium payment checks mailed, so please only verify your address once, then wait for 90 days to receive your check. If you have not received it within 90 days, then you can call the Settlement Facility again.
Claimants have 180 days to cash their second premium payment check. Pursuant to Closing Order 2, attorneys must distribute the funds from the second premium payment to their clients within 180 days from the date on the check. If the funds are not distributed within 180 days, the attorney must return the entire amount of the payment to the Settlement Facility. The attorney can then assert a lien with the Settlement Facility for the amount of attorney fees and/or expenses.
PROBATE ISSUES FOR DECEASED CLAIMANTS
If a claimant is now deceased, the Settlement Facility accepts probate documents from the court-approved Representative of a claimant's estate. Contact the Settlement Facility directly to find out what documentation they require. You can call them directly at 866-874-6099 or by email at: firstname.lastname@example.org.
If the claimant's probate estate is closed and the check is made payable to the estate, contact the Settlement Facility to see if a check can be reissued payable to the representative.
FOR LAW FIRMS ONLY: If a client is now deceased and the probate matter is closed or too small to open a formal probate proceeding, the Settlement Facility does accept an "Estate Claims Affirmation and Agreement." This form requires the attorney of record to execute the Estate Affirmation Form certifying information about the deceased claimant and agreeing to indemnify the Settlement Facility in exchange for issuance of payment. You can download a copy of the form here:
THIS FORM IS FOR ATTORNEYS OF RECORD ONLY. If you are not an attorney but are representing the estate of a deceased claimant, contact the Settlement Facility for information on how to proceed.
For claimants who represent non-U.S. or "foreign" claimants as defined by the Plan, download the following probate form on the CAC website (listed under "Other Downloads and Forms) to use – Affidavit of Distributee Of A Decedent's Estate Claim in the Dow Corning Settlement Program. THIS FORM IS FOR USE BY NON-US CLAIMANTS ONLY.
WHAT IS THE NEXT STEP IN THE SETTLEMENT PROCESS?
Claimants who have received and cashed their second premium payment on approved Rupture and Disease claims are now completed claims. There will not be any other additional payment. These claims will be considered permanently closed as the Settlement Facility offices continues its preparations to shut down.
If you have not received your premium payment and have an approved Rupture or Disease claim (Dow Corning breast implant claims only), then you are urged to contact the Settlement Facility now to check on the status of your claim.
The Settlement Facility will permanently close once all claims have been completed (i.e., all claims have been reviewed and cure deadlines have expired), all appeals have been concluded, and all eligible payments have been issued and at least 180 days have passed since the date on the last check. We do not know the exact date at this time, but it will likely be sometime in 2023.
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.