CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 19, No. 3, June 15, 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.
CLOSING ORDER 5 SIGNED BY COURT – URGENT!! COURT ESTABLISHES A TIME DEADLINE FOR CERTAIN CLAIMANTS TO VERIFY THEIR ADDRESS OR THEIR CLAIM WILL BE PERMANENTLY CLOSED
On June 13, 2022, the Court entered Closing Order 5. Please review the Closing Order carefully as it may affect your claim. To read a copy of the order click here.
Closing Order 5 notes that all timely filed claims have been reviewed by the SF-DCT and Premium Payments (Second Priority Payments) have been made to all claimants who verified their current address with the SFDCT. The SFDCT reports that some address verification letters were returned as undeliverable and the SFDCT has not been able to locate the claimant. These claims are referred to as "bad address."
Closing Order 5 establishes a deadline by which the "bad address" claims must verify a current address or they will be closed permanently. Therefore, the SFDCT will post on its website a list of the SID numbers (claimant identification numbers) for claimants who have a "bad address" and those who did not respond to the address verification letter. These claimants will have 90 days to respond to the SFDCT and provide a current address. If they do respond by the deadline, then the SFDCT will process their payment. However, if they do not respond on or before the 90 day deadline, then the claim shall be permanently closed.
Please check the SFDCT website (www.sfdct.com) and review the SID numbers posted there. If your number is on the list, you have a limited amount of time – 90 days from the date the list is posted – to contact the SFDCT. If you do not know or cannot locate your SID number, then you should contact the SFDCT to determine if your SID number is on the list.
LAW FIRMS – PLEASE READ THIS CAREFULLY: CLOSING ORDER 4 REQUIRES ALL LAW FIRMS TO COMPLETE THE AUDIT SURVEY AND RETURN IT TO THE SFDCT
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 here and the Appendix by clicking here. It is mandatory that law firms must return the completed Audit Survey to the SFDCT.
The Settlement Facility has reported that numerous law firms did not comply with Closing Order 4 and have not returned the Audit Survey. Closing Order 4 paragraph 3 states, "Failure to return this audit survey may result in sanctions." The SFDCT is preparing to seek sanctions against law firms that did not comply with the court's order. If you have not returned the Audit Survey, you must do so now or you may face a motion for sanctions and possible referral to your state's bar association. We urge you to call the SFDCT now (1-866-874-6099) and request another copy of the Audit Survey and a 14 day extension to return the complete the Audit Survey. Failure to contact the SFDCT may result in your law firm / attorney of record being included in the motion for sanctions before the District Court.
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."
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.