CLAIMANTS' ADVISORY COMMITTEE

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 20, No. 2, March 23, 2023

 

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 189th e-newsletter (Vol. 20, No. 2) 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 "Unsubscribe" at the bottom of this email 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.

 

FINANCE COMMITTEE FILES MOTION FOR AN ORDER TO SHOW CAUSE AND ASKS FOR CONTEMPT CITATION AGAINST 814 LAW FIRMS

The Finance Committee filed a motion before the District Court on March 21, 2023 seeking to hold 814 attorneys/law firms in contempt based on their alleged failure to respond to an attorney audit survey pursuant to Closing Order 4. The Finance Committee's motion is available on the CAC website at: www.tortcomm.org.

The Finance Committee alleges that it mailed an attorney survey to all attorneys or law firms that cashed at least one claimant payment, and responses to that were due on May 28, 2022. A second follow-up letter was sent giving a deadline extension to July 15, 2022. They allege that 814 law firms did not respond to these letters.

The list of law firms subject to the Finance Committee's motion for contempt is under seal. This means that the list is not publicly available, and the CAC is not authorized to share the names with claimants and attorneys. If you want to determine if your name or law firm is listed in the motion, you have to contact the Settlement Facility directly. If your name or law firm name is listed, then you have the option of sending a completed Audit Survey Form to the Settlement Facility by May 12, 2023. If you do not complete the Audit Survey, then you must file a written response in the District Court for the Eastern District of Michigan to the Finance Committee's Motion by April 3, 2023, AND appear before that Court on May 17 and May 18, 2023.

The phone number for the SFDCT is 866-874-6099. Their email address is: info@sfdct.com. You can also mail the completed Audit form to: PO Box 52429, Houston, TX 77027.

You can download a copy of the Audit Survey Form on our website at www.tortcomm.org.

PLEASE DO NOT CONTACT THE CAC about this. The CAC did not file this motion, and we are not authorized to share with names of law firms listed on the sealed exhibit.

 

FDA ANNOUNCES A CONNECTION BETWEEN SILICONE BREAST IMPLANTS AND SQUAMOUS CELL CARCINOMA

We are sharing recent news from the FDA regarding its finding of squamous cell carcinoma in the capsules around breast implants. Here is their Advisory:

 

Update: March 22, 2023

As of March 22, 2023, health care providers can submit case reports of SCC, various lymphomas, and any other cancers in the capsule around breast implants to the Patient Registry and Outcomes for Breast Implants and Anaplastic Large Cell Lymphoma (ALCL) Etiology and Epidemiology (PROFILE)External Link Disclaimer Registry, a collaborative effort between the American Society of Plastic Surgeons (ASPS), the Plastic Surgery Foundation (PSF), and FDA. Health care providers can continue to submit case reports of Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL) to PROFILE as well.

The FDA reviews data from the PROFILE registry on an ongoing basis to gather all available information on cancers in the capsule around breast implants, and will keep the public informed on significant findings as new information becomes available.

The FDA continues to recommend that health care providers also report all cases of SCC, various lymphomas, BIA-ALCL and any other cancers in the capsule around the breast implant to the FDA.

Date Issued: March 8, 2023

The U.S. Food and Drug Administration (FDA) is providing an update on reports of squamous cell carcinoma (SCC) in the scar tissue (capsule) that forms around breast implants. Previously, on September 8, 2022, the FDA released a safety communication informing the public of reports of cancers, including SCC and various lymphomas, in the capsule that forms around breast implants.  The various lymphomas are not the same as the lymphomas described previously by the FDA as Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL).  

This update includes information from the FDA's review of literature and medical device reports (MDRs). The FDA is aware of 19 cases of SCC in the capsule around the breast implant from published literature. There have been reports in the literature of deaths from progression of the disease.  While the FDA continues to believe that occurrences of SCC in the capsule around the breast implant may be rare, the cause, incidence and risk factors remain unknown. 
 
Health care providers and people who have or are considering breast implants should be aware that cases of SCC and various lymphomas in the capsule around the breast implant have been reported to the FDA and in the literature. The FDA continues to ask health care providers and people with breast implants to report cases of SCC, lymphomas, or any other cancers around breast implants to the FDA. In addition, we continue to collaborate with other regulatory authorities, scientific experts, breast implant manufacturers and registries to gather all available information on cancers in the capsule around breast implants. 

 

For more information, go to: https://www.fda.gov/medical-devices/safety-communications/update-reports-squamous-cell-carcinoma-scc-capsule-around-breast-implants-fda-safety-communication

 

REMINDER: DEADLINE TO RESPOND TO THE SUPPLEMENTAL LIST OF SIDS POSTED ON THE SF-DCT WEBSITE IS APRIL 12, 2023

The SF-DCT posted an additional 1,100 SID numbers on its website (www.sfdct.com) on January 12, 2023. These SID numbers – or claim numbers – are for claimants who have not responded to numerous efforts to contact them about their claim. These are new SID numbers that have not been posted before.

We urge all claimants and attorneys to check the list of SID numbers immediately to determine if it applies to your claim or a claim that you represent. If it does, then you have until April 12, 2023 to contact the SF-DCT and provide them with a current valid address. Failure to do so on or before April 12, 2023 will result in the permanent closure of your claim.

If your SID (claim) number is listed, contact the SF-DCT at 866-874-6099 or by email at: info@sfdct.com.