CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 19, No. 2, April 5, 2022
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.
UPDATE ON PREMIUM PAYMENTS
The Settlement Facility is close to completing address verifications and mailing of all second premium payments to eligible claimants. If you have received an address verification letter, you MUST respond to the Settlement Facility. You will not receive your payment until you do this. This includes law firms.
LAW FIRMS MUST VERIFY THEIR ADDRESS ALSO
We have been made aware of a number of law firms who have NOT verified their address. Payments to their clients are being delayed until the law firm responds directly to the Settlement Facility. The CAC will be reaching out to these law firms to urge them to verify their address immediately. However, do not wait on a call or email from us to update your address with the Settlement Facility. Do it now.
To verify your address, contact the Settlement Facility at 866-874-6099 or by email at firstname.lastname@example.org.
COURT ENTERS CLOSING ORDER 4
On April 1, 2022, the District Court entered Closing Order 4 – "Requiring Completion of Court-Directed Audit Survey And Return of Funds Pursuant to Closing Order 2." You can access Closing Order 4 by clicking on these links: Closing Order 4 and Appendix A to Closing Order 4. Attorneys are strongly urged to read this Order carefully as it applies to law firms who have received claimant settlement funds.
To implement Closing Order 4, the Settlement Facility will mail the Audit Survey (which is attached as Appendix A to Closing Order 4) to those law firms that did not respond to the survey conducted by the Settlement Facility last year. It is mandatory that all law firms who did not previously respond, answer this survey and return it to the Settlement Facility within the time provided.
The Audit Survey is intended to ensure that claimant funds are / have been properly and timely distributed to claimants in accordance with the terms of the Amended Joint Plan of Reorganization. If a law firms has funds in their trust/escrow account that cannot be distributed to the claimant within 180 days from the date of the check, then these funds must be returned to the Settlement Facility. Likewise, if you are holding a check that has either expired or you will not be able to disburse the funds to the claimant before the check expires, you MUST return the check to the Settlement Facility. Read Closing Order 4 carefully to understand exactly what is required as sanctions could be imposed for failure to comply.
WHAT HAPPENS IF A LAW FIRM CANNOT LOCATE A CLAIMANT?
Closing Order 2 establishes guidelines for the issuance of a replacement check. Sections F and G, paragraphs 18 – 20 provide that:
"SECTION F. DEADLINE TO REQUEST REISSUANCE OF AN EXPIRED CHECK: TREATMENT OF UNCASHED CHECKS
18. Settlement payment checks expire 180 days after the date of issuance. A claimant who does not cash a check before the expiration date may request issuance of a new check at any time on or before June 3, 2019. After June 3, 2019, a claimant may request issuance of a new check as provided in paragraphs 19 and 20 below, subject to the final check distribution deadline described above.
19.a) New Check Procedures if Claimant is Deceased. The SF-DCT may issue a new check payable to the estate or personal representative of a claimant if the claimant passed away after the original check was mailed, even if the check has expired, provided that the appropriate representative notifies the SF-DCT of the death of the claimant and provides the necessary information about the authorized payee at least 30 days before the final distribution deadline.
b) New Check Procedures for Good Cause. The SF-DCT may issue a replacement check for good cause. To request a replacement, the claimant or the attorney for the claimant must notify the SF-DCT thirty days before the final distribution deadline and provide a statement of the reason the claimant is requesting a replacement. The Claims Administrator shall determine whether good cause exists.
SECTION G. REPLACEMENT PAYMENTS FOR CLAIMANTS WHO COULD NOT BE LOCATED BEFORE CHECK EXPIRATION
20. If an attorney was unable to locate a claimant and the attorney of record so notified the SF-DCT as described in Paragraph 10 above [of Closing Order 2]], and if the attorney returned all funds to the SF-DCT as provided in Paragraph 10 above, the SF-DCT may issue a replacement check net of attorney fees and expenses, if any, allowed by the Lien Judge to the claimant provided that the claimant notifies the SF-DCT of her current address and requests the replacement check no later than 30 days before the check distribution deadline."
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.
FINAL CHECK DISTRIBUTION DEADLINE
At some point, the Court will also establish a Final Distribution Deadline after which the Settlement Facility cannot issue any replacement or other checks, including lien payment checks. This deadline has not yet been established. We will share this deadline when the Court establishes it.
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.