The Settlement Facility offices are now closed. This means that the phones are no longer operational. The Settlement Trust is winding down its operations and will terminate in the near future. The parties are working on a final report that we will post when it is docketed with the court.

The CAC sent out a newsletter to attorneys and law firms / paralegals today with urgent information. If you are an attorney or paralegal and did not receive the newsletter, please email us at: info@tortcomm.org and we will forward a copy to you. The newsletter concerns an Order To Show Cause for 814 law firms that did not submit a completed Audit Survey to the SF-DCT in 2022. You may download the Audit Survey by clicking on the link below in our August 17, 2022 update. Send the completed Audit Survey form to the SF-DCT at: P.O. Box 52429, Houston, TX 77052 or by email to: info@sfdct.com. If you have any questions about whether you or your law firm is subject to the Order to Show Cause, contact the SF-DCT at 866-874-6099.

A copy of the Order to Show Cause is on our website under "Court Orders." We urge all law firms to review it.

FDA announces 9 deaths from a rare form of cancer linked to breast implants. For more information on that, go to

https://www.cbsnews.com/news/breast-implant-deaths-linked-to-rare-cancer/

https://www.fda.gov/medical-devices/safety-communications/breast-implants-reports-squamous-cell-carcinoma-and-various-lymphomas-capsule-around-implants-fda

The Finance Committee has filed a motion seeking to hold 814 attorneys / law firms in contempt. To review the pleading, click here. The law firm names are listed under seal, so you must contact the Settlement Facility directly to determine if your name or law firm is listed. Call them at 866-874-6099. Send an email to: info@sfdct.com.

In other news, the FDA has issued a warning regarding the finding of squamous cell carcinoma in the capsules of breast implants. For more information on that, go to

https://www.fda.gov/medical-devices/safety-communications/update-reports-squamous-cell-carcinoma-scc-capsule-around-breast-implants-fda-safety-communication

REMINDER: The Settlement Facility has listed approximately 1,100 SID numbers on its website. We suggest that all claimants and attorneys review this list to determine if their SID number is listed. If it is, they must contact the Settlement Facility on or before April 12, 2023 or their claim will be permanently barred. The Settlement Facility website is: www.sfdct.com. You can contact the Settlement Facility directly at 866-874-6099 or by email at info@sfdct.com.

Attention Attorneys - below are 2 links to Forms for Attorneys 

Attorney Proof of Lien Form

Attorney Audit Survey Form

IMMEDIATE ACTION REQUIRED

Below is a link to a list of “BAD ADDRESS” SID numbers for claimants who have been identified as having a “BAD ADDRESS” and those who have NOT RESPONDED to the address verification mailing four (4) weeks after the address verification mailing to those claimants. If you do not know your SID number, please contact the Settlement Facility (866-874-6099).

If your SID number is listed you MUST RESPOND to the Settlement Facility (866-874-6099) to finalize processing or payment of your claim.

IF YOU DO NOT RESPOND by September 17, 2022, THE COURT HAS ORDERED your claim will be denied and closed without payment.

LIST OF AFFECTED SID NUMBERS

UPDATE ON PREMIUM PAYMENTS

As we reported last week, the District Court entered an Order authorizing the Settlement Facility to make the final premium payments to claimants in Classes 5, 6.1, and 6.2 who have an approved Rupture, Disease, and/or Increased Severity Disease claim. What does this mean?

Who is eligible for the premium payment?  Women who have received a Notification of Status letter from the Settlement Facility stating that they have an acceptable Dow Corning breast implant and who also have an approved Rupture claim, Disease claim, and/or Increased Severity disease claim.

If your only payment was for Explant or Expedited Release, then you are NOT eligible for a premium payment.

If you are in Class 7 (non-DC breast implants), you are NOT eligible for a premium payment.

How much are the premium payments?  For approved Rupture claims in Class 5 (US citizens), the total premium payment is $5,000. However, the Settlement Facility distributed 50% of this payment ($2,500) in 2015-16. The final premium payment is the other 50%, or another $2,500.

For Disease claims, the premium payment is an additional 20% above the Base Payment. For example, if your disease claim was approved at Atypical Connective Tissue Disease (ACTD) Level C for $10,000, then your premium payment is $2,000. The Settlement Facility distributed 50% of this payment ($1,000) in 2015-16. The final premium payment is the other 50%, or another $1,000.

Please do not contact the Settlement Facility to ask what your premium payment will be. This will only cause delay to everyone because the staff must respond to each and every inquiry instead of using that time to process payments.

When will I receive the premium payment? Closing Order 2 requires all claimants to provide a current address to the Settlement Facility before their premium payment can be sent. This is to verify that the payment will reach the claimant. When premium payments were issued in 2015, almost 1,600 checks – totaling over $2.8 million – were returned to the Settlement Facility because the claimant’s address was no longer current or valid.

Neither the CAC nor the Settlement Facility can give you an exact date when your premium payment check will be mailed. However, here are some general guidelines you can follow:

-        What is a “Current, valid address,”  A current, valid address is one that you receive mail, AND this address has been provided to the Settlement Facility within 90 days of when payment is issued. You must contact the Settlement Facility by phone, email, or letter, and confirm your address to them. If you do not contact them – and they do not hear from you – you will not receive a payment.

-        What does “verified address mean?” – A verified address means that you have contacted the Settlement Facility by phone, email, or letter, and informed them of the address where you receive mail. You can verify your address by sending an email to the Settlement Facility with your current address (full name, street, city, state, zip, and phone number. Please include your SID number as well). You should receive a confirmation email from them, acknowledging receipt of your address verification. Once you do this (and assuming you are eligible), the Settlement Facility will send you a check.  Checks are generally sent once a month, however, this may be adjusted as the need presents.

-        If you do not receive a premium payment check within 60 days after you verified your address, then email the Settlement Facility again with your full name and current address. This will ensure that your address is current and verified.

-        Generally speaking, premium payments will be made first to those who have a current, valid address on file with the Settlement Facility. If you do not have a current, valid address on file (meaning that you have verified your address within 90 days of the date the check is sent to you), then the Settlement Facility will send a letter to you asking you to verify your current address. Premium payment checks will be mailed based on the order that address verifications are received so the sooner you respond to the letter and tell the Settlement Facility that the address on file is current and valid, the sooner your check can be sent to you.

I updated my address with the Settlement Facility earlier in 2021. Do I need to do this again? What if I have never moved? Yes, you must still verify your address NOW. The Settlement Facility views an address as current if you have verified it within 90 days before a payment is sent to you. Verified means actually contacting the Settlement Facility by email, phone, or letter, and telling that your full name, address, phone number, and SID number. This is because so many claimants have moved or have not responded to earlier requests for address verification from the Settlement Facility. You must take action. If you ignore the letter, you risk forfeiting your payment for good.

What happens if I do not verify my address? If you do not call or email the Settlement Facility now with your address verification, the Settlement Facility will send you a letter asking you to do this. If you do not respond and do not verify your address, then your payment could be forfeited. You could lose your right to receive payment. You must contact the Settlement Facility now – even if you have done so previously – and confirm to them your address if you want to receive payment from the Settlement Facility.

Will the premium payment be held up by appeals to the Court’s Order? An appeal to the Order has already been filed by certain Korean claimants. We do not believe that the District Court will grant a stay stopping the payment based on this appeal. In other words, we believe that the premium payments will be sent out starting within 30 – 45 days of the Court’s Order of June 24, 2021. We will post any updates to this on our website. Please do NOT call or email asking when your payment will be sent. This will only cause delays in getting payments mailed. You can also follow updates on Facebook at https://www.facebook.com/ClaimantsAdvisoryCommittee

Can my attorney deduct attorney fees and expenses from the premium payment? Yes, provided they meet the limits for attorney fees and expenses outlined in the Plan Documents. For more information on this, read the Claimant Information Guide, Section 11, on the CAC website; http://tortcomm.org/downloads/CIG_ENG_5.pdf

Do law firms / attorneys have to update their address and / or their client’s addresses with the Settlement Facility?  Yes, attorneys must provide a current valid address for both their law firm and their clients. Law firms – it is important that you actually verify that your client is at the address you provide. The Settlement Facility will not accept an address as current if prior mailings to that address were returned undeliverable.

Can an attorney send in address verifications for their clients individually or do they have to wait to have all of them to submit at the same time? Address verifications can be sent individually. You do not have to have all of your client’s addresses verified at the same time. Payment will be made based on the order the address verification is received for each individual claimant.

If an attorney cannot locate their client, what should they do? If an attorney or law firm cannot locate their client, they must inform the Settlement Facility of this as soon as possible and provide them with any information about the claimant that could help locate them, including the last known address. Attorneys can also inform the Settlement Facility that they will assert a lien for attorney fees and expenses on the premium payment, and the Settlement Facility will provide the lien documents to complete this process.

What should you do if the claimant is deceased? If a claimant is deceased, the SFDCT can process and pay the claim but only if the SFDCT receives ALL of the following documents:  1. An original death certificate for the claimant; 2. Documents that identify the person who is appointed by a court as Executor or Personal Representative who has authority to act on behalf of the claimant’s estate; and 3.The address and contact information of the authorized Executor or Personal Representative.  There are time deadlines that require you to provide this documents to the SFDCT or the claim and payment will be denied. It is very important that you take immediate steps to obtain these documents and submit them to the SFDCT before your deadline expires. If you do not know what your deadline is, contact the SFDCT for this information.

THE COURT HAS AUTHORIZED AN ORDER ALLOWING PREMIUM PAYMENTS.
June 24, 2021 Order re Second Priority Payments.

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NOTICE THAT CERTAIN CLAIMS WILL BE PERMANENTLY BARRED AND DENIED PAYMENT UNLESS A “CONFIRMED CURRENT ADDRESS” IS PROVIDED TO THE SF-DCT ON OR BEFORE JUNE 30, 2021. THIS ORDER APPLIES ONLY TO CERTAIN CLAIMS SUBMITTED ON OR BY JUNE 3, 2019 THAT HAVE NOT BEEN REVIEWED BECAUSE THE CLAIMANT’S ADDRESS IS NOT CURRENT AND THE CLAIMANT CANNOT BE LOCATED. IF THE SF-DCT HAS ALREADY ISSUED A NOTICE OF STATUS LETTER OR APPROVED THE CLAIM FOR PAYMENT, THIS ORDER DOES NOT APPLY.

The U.S. District Court entered Closing Order 3 on March 25, 2021. A copy can be viewed here. In the Closing Order, the Settlement Facility has identified 381 claims where it has been unable to locate the claimant. The Settlement Facility has mailed them at least 2 letters and the address verification form, but the claimants did not respond to either letter.

Closing Order 3 provides that the 381 claims listed in the Order have until June 30, 2021 to contact the Settlement Facility by letter, email (info@sfdct.com) or phone (866-874-6099) and confirm their address to the Settlement Facility. If they do not do this by the deadline, then their claim will be deemed abandoned, will be denied, and will be permanently closed.

All claimants and attorneys are urged to check the SID numbers listed in Closing Order 3. If your SID number is listed, then you MUST contact the Settlement Facility on or before June 30, 2021. If your SID number is NOT listed, then Closing Order 3 does not apply to you. However, all claimants are urged to keep in regular contact with the Settlement Facility. We suggest calling them or sending them an email every 60 days to confirm your address. This will help expedite any payments that are approved.

The CAC and the Finance Committee each submitted their reply briefs regarding Second Priority Payments (premium payments) this week. You can read the reply briefs by clicking on Motions in this Case and following the Pending Motions link. A hearing on the motion is scheduled for February 25, 2021. We do not expect a ruling or order from the court on that date. We will update you when we receive an order.

The Court also entered an Order approving the appointment of a successor Claims Administrator. Effective February 28, 2021, Kimberly D. Smith-Mair will be assuming the duties of the Claims Administrator. In addition, the Court appointed a Special Master For Closing, Nancy M. Blount, to serve on the Finance Committee and assist the Court and parties in issues related to the closing of the Settlement Facility - Dow Corning Trust. This does not mean that the Settlement Facility will be closing anytime soon. They are still processing claims and have much work ahead of them to issue premium payments when they are approved by the Court. The new Special Master will start to identify issues and tasks that need to be done once claims and payments are completed.

We remind all claimants and attorneys of record to keep your contact information current with the Settlement Facility. If you do not, you could lose your right to have your claim processed and paid. To update your address, call the Settlement Facility at 866-874-6099 or send an email to:  info@sfdct.com. We cannot stress the importance of this enough, especially as the Settlement Facility nears completion of claim review. KEEP YOUR ADDRESS CURRENT AT ALL TIMES OR YOU MAY FORFEIT THE RIGHT TO HAVE YOUR CLAIM PROCESSED AND PAID.

The Claimants' Advisory Committee submitted its response to the Finance Committee motion seeking approval to pay Second Priority Payments (premium payments) strongly supporting the motion and seeking the Court's approval to immediately pay premium payments. Our brief is located under "Motions in this Case" and then click on "Pending Motions."

Dow Silicones also filed its response opposing the Finance Committee motion. A copy of their response is available under "Motions in this Case" and then click on Pending Motions. One additional objection to the motion was filed by certain Korean claimants. The Finance Committee will submit its reply to the opposition on February 10, and a hearing is scheduled for February 25. The CAC will continue its efforts to ensure that premium payments are approved and made at the earliest possible time.

Yesterday, the Finance Committee filed a motion with the District Court seeking authorization to pay claimants in Classes 5, 6.1, and 6.2 the remaining amount of their Premium Payment for Rupture and Disease, and to pay Increased Severity claims. You can read a copy of the motion here

As the national emergency regarding coronavirus (COVID-19) unfolds, we here at the SF-DCT want you to know that your health and safety and that of our employees is most important. In light of recent developments, we have made the difficult decision to temporarily close our offices. We are taking proactive steps to monitor mail, emails, and phone call messages. Please continue to check the Settlement Facility website (www.sfdct.com) and the Claimants' Advisory Committee website (www.tortcomm.org) for updates. In the meantime, we hope you stay safe, and we look forward to the days when this challenge is behind us.

We do not know how long the COVID-19 virus will affect all of us or when the Settlement Facility will re-open. We realize that many of you will have questions about your claim status, payment, cure deadline, etc. The CAC is continuing to work closely with the Settlement Facility to ensure that these important issues are addressed, and we will post updates on our website, the CAC Facebook page, and in future newsletters.

Please stay safe.

Claim forms can be downloaded here:

-      www.sfdct.com or www.tortcomm.org/sfdct_forms.shtml

-      If you submit only a claim form for Disease or Proof of Manufacturer, and you do not submit supporting records for each form, then your claim will NOT be reviewed. It will be classified as "incomplete" and denied. You will NOT get a one year time period to cure deficiencies.

-      The mailing address for the Settlement Facility – Dow Corning Trust is:

Settlement Facility – DCT

P.O. Box 52429

Houston, TX 77052-2429

If you want to send documents by overnight mail, send them to:

Settlement Facility – DCT

3200 Southwest Freeway, Suite 1500

Houston, TX 77027

Make sure you keep a receipt from the Post Office or overnight service showing that you mailed the documents on or before the deadline in case this becomes an issue.

All claim forms and claims of all kinds must be mailed in with a postmark date of June 3, 2019 or earlier.

No late claims will be accepted. No exceptions. No extensions.

The final claims deadline applies to all of the following:

-      Submission of Proof of Manufacturer form AND supporting documents (forms can be downloaded here: www.sfdct.com or www.tortcomm.org/sfdct_forms.shtml)

-      Submission of the Expedited Release / Disease claim form AND supporting documents for disease claims (forms can be downloaded here: www.sfdct.com or www.tortcomm.org/sfdct_forms.shtml)

-      Submission of Increased Severity disease claims (there is no form, simply send in medical records with a written request for an Increased Severity review)

-      Submission of all documents needed to cure Proof of Manufacturer deficiencies for claims that were submitted to the Settlement Facility BEFORE June 1, 2018.

-      Submission of all documents needed to cure any outstanding deficiency with a cure date of June 3, 2019 (these might include picture ID for non-US claimants, i.e., passport or national ID picture), probate documents such as court appointment of an Executor or Representative, appeals to the Claims Administrator for claims that have an expired cure deadline, and others. If you have any question about whether you need to submit forms or documents to make a claim or what your appeal deadline is, call the Settlement Facility now (866-874-6099).

-      Do not wait until the last week to do this because phone lines at the Settlement Facility will be very busy. If you are missing forms or documents, you will need time to obtain these and submit them. ACT NOW to make sure your claim is complete. The link to download claim forms is here: (forms can be downloaded here: www.sfdct.com or www.tortcomm.org/sfdct_forms.shtml). At this time, the Settlement Facility does not have enough time to mail claim forms to those requesting them. YOU MUST DOWNLOAD AND PRINT THEM.

-      The Settlement Facility currently has a 10 business day backlog in responding to emails, so if you have a question, CALL THEM. It is the fastest way to get a response.

-      The mailing address for the Settlement Facility – Dow Corning Trust is:

Settlement Facility – DCT

P.O. Box 52429

Houston, TX 77052-2429

If you want to send documents by overnight mail, send them to:

Settlement Facility – DCT

3200 Southwest Freeway, Suite 1500

Houston, TX 77027

Make sure you keep a receipt from the Post Office or overnight service showing that you mailed the documents on or before the deadline in case this becomes an issue.

EVERY CLAIMANT MUST SUBMIT A DOW CORNING SF-DCT PROOF OF MANUFACTURER FORM

Every claimant MUST submit a Dow Corning Proof of Manufacturer Form and supporting documents that show you have or had an eligible Dow Corning breast implant. You can download this form on our website, www.tortcomm.org, or on the Settlement Facility website, www.sfdct.com.

If you submitted a Proof of Manufacturer form in the MDL settlement (pre-2004), this will NOT count. YOU MUST SUBMIT THE FORM THAT IS SPECIFIC TO THE DOW CORNING SETTLEMENT. Over 15,000 claimants have a disease claim on record with the Settlement Facility BUT THEY HAVE NOT SUBMITTED A DOW CORNING PROOF OF MANUFACTURER FORM. As a result, their disease claim will NOT be reviewed. Make sure you have submitted the correct Proof of Manufacturer form. When in doubt, resubmit it.

EVERY CLAIMANT MUST ALSO SUBMIT A DISEASE / EXPEDITED RELEASE FORM

Every claimant must also submit a Disease/ Expedited Release form. If you check the box to apply for Disease, you MUST submit supporting medical records for that disease and submit required documents for disability or severity level.

If you do not have a disease claim, you can apply for the Expedited Release Payment. This is a payment of $2,000 (for US claimants). To be approved, your Proof of Manufacturer must be acceptable. There are thousands of women who have submitted acceptable Proof of Manufacturer but who have not submitted the Disease / Expedited Release form. Submit the form on or before June 3, 2019 so you can be eligible for this benefit.

STATUS OF PREMIUM PAYMENTS

The Settlement Facility has mailed letters to all claimants and attorneys of records who are eligible for the first partial Premium Payment seeking a confirmation of their current address. All letters have been mailed. If you received a letter, you must contact the SF by phone, email, or regular mail and confirm your current address. Until you do this, the SF will NOT mail your partial Premium Payment.

FINAL PREMIUM PAYMENT

It will likely take some time, perhaps months, for the SFDCT to open and enter all the claims received by the final claims deadline. Claims must also be reviewed and given an opportunity to cure any deficiencies. The data will be given to the Finance Committee who will then calculate the money needed to make all Base Payments. This process will also likely take several months or perhaps longer depending on the volume of claims.

Under the Settlement Plan, the Finance Committee must then make a written recommendation and motion to the District Court about the final Second Priority Payments (Premium Payments). The parties will be given an opportunity to comment, and then the Court must make a ruling authorizing the final Second Priority Payment. We do not know when the Finance Committee will make a recommendation or when the Court will rule. We are committed to continue to apply the maximum pressure on the process to have the final Premium Payments issued as the earliest possible time. We will post any updates in our newsletter, on our website, and on our Facebook page.

HOW CAN YOU STAY INFORMED?

We post frequent updates on our Facebook page -- facebook.com/ClaimantsAdvisoryCommittee

This is the best way to stay informed. We urge you to like and follow our Facebook page and check it every day for updates, reminders, and new information. A lot will be happening over the next several months. We will also continue to send our e-newsletters, but this will not be done as frequently as our Facebook updates.

Also, check our updated information, claim forms, court orders, information on attorneys still willing to accept new clients, and other related matters on our website, www.tortcomm.org. The Settlement Facility website also has a lot of information that you may find helpful – www.sfdct.com.

Today, the District Court entered Closing Order 2. To view this order, click here. We urge everyone to carefully review Closing Order 2 because it contains important information about filing appeals, deadlines, updating addresses, the process for attorneys to withdraw from representation of claimants, requesting checks to be re-issued or replaced, and other important information.

Here is a brief summary (the language in Closing Order 2 controls over any language used in this Summary):

Section A - Claims that are incomplete or late as of June 3, 2019 will receive a Final Determination Letter denying the claim. Claimants can appeal this denial to the Claims Administrator within 60 days on the date of the letter. If the Claims Administrator denies the appeal, the claimant can then appeal to the Appeals Judge within 60 days from the date of the Claims Administrator decision letter.

Section B - attorneys who receive a payment for a claimant but are not able to distribute it before its expiration (180 days) MUST return the entire amount of the payment to the SF. If the claimant is subsequently located, the SF may reissue payment subject to deadlines for reissuance of checks provided for in this Order. Attorneys may assert a lien on the payment amount and recover their attorney fees and expenses even if the claimant cannot be located.

Section C - Claimants and attorneys are required to keep their address and contact information current with the SF. The SF shall NOT issue payment unless it has a confirmed, current address for the claimant or authorized payee. Paragraph 11 defines what is considered a confirmed current address. The SF shall not mail payments to a lawyer or law firm unless it has a confirmed, current address for that lawyer or law firm. Section C also has protocols for situations where the attorney of record is deceased, disbarred, retired, suspended, or does not have a confirmed, current address. Paragraph 12 notes that the court will set a final distribution deadline at some point in the future. The SF shall not issue any replacement checks or other payments after the final distribution deadline.

Section D - The SF is authorized to audit claimant settlement payments to lawyers / law firms to determine whether the law firm has distributed the payment and whether the claimant received the appropriate amount of funds.

Section E - Attorneys of record may not withdraw from representing a claimant unless the claimant terminates the representation, or the attorney seeks permission to withdraw by submitting a written request to the Appeals Judge within 30 days of the entry of this Order (the order is dated March 19, 2019). The request will be granted only if the Appeals Judge determines that the withdrawal meets the standards of Section 1.16 of the Model Rules of Professional Conduct. Section E, paragraph 17(c) describes the procedures for submitting requests to withdraw representation.

Section F - If a claimant does not cash a check before it expires (180 days), the claimant may request issuance of a new check at any time before June 3, 2019. After June 3, 2019, the claimant may request issuance of a new check only as provided in paragraph 19 and 20. Paragraph 19 provides that the SF may issue a new check payable to the estate or personal representative of a claimant who has passed away, even if the check has expired, provided that the representative notifies the SF of the death of the claimant AND provides the necessary information about the authorized payee no later than 30 days before the final distribution deadline. The final distribution deadline has not yet been set. It will be set by the Court at a later date (paragraph 12).

Paragraph 20 provides that the SF may issue a replacement check for good cause and describes how a claimant or attorney can request the replacement check.

Section G - If an attorney is unable to locate a claimant and notifies the SF of this, and if the attorney returns all of the funds to the SF, then the SF may issue a replacement check net of attorney fees and expenses if any allowed by the Lien Judge to the claimant if the claimant later comes forward. The request must be made no later than 30 days before the final distribution deadline.

Section H - the SF and CAC shall post this order on their websites and shall distribute information about this Order in the CAC newsletter and social media page.

If you want to submit a claim for payment from the Dow Corning Settlement Trust, you must submit your claim forms and supporting documents to the Settlement Facility with a postmark date of on or before June 3, 2019. All claimants must submit 1) the Proof of Manufacturer Form, along with documents that show your implant was made by Dow Corning, AND 2) the $2,000 Expedited Release Payment or Disease Payment Claim Form. If you submit a Disease claim, you must also submit supporting medical records. You can download all claim forms by clicking on the tab on the left side of the screen called "Claim Forms - SFDCT." You can also call the Settlement Facility toll free at 866-874-6099, and they can mail claim forms to you.

WE URGE ALL CLAIMANTS TO TAKE ACTION NOW AND SUBMIT YOUR CLAIM FORMS AND SUPPORTING DOCUMENTS ON OR BEFORE JUNE 3, 2019. Submissions that are postmarked June 4, 2019 or later will be denied. No late claims will be accepted..

We also urge you to follow our daily updates on our Facebook page, Claimants' Advisory Committee, Dow Corning Breast Implant Claims. Here is the link to that page: https://www.facebook.com/ClaimantsAdvisoryCommittee/?ref=bookmarks.

Like and/or follow our Facebook page. Check it daily for updates, reminders, and relevant information. The most important thing you can do at this time is to submit your claim forms.

Lastly, the Settlement Facility has a new policy that will impact your payment. Before they mail any payment to you, they must hear from you first to confirm your current address. You can confirm your address by calling the Settlement Facility toll free at 866-874-6099 or by sending them at email to: info@sfdct.com. Call or email them and confirm your current address to them. This will ensure that any approved payments will reach you.

The 6th Circuit Court of Appeals has ruled on the Premium Payment Issue authorizing the disbursal of fifty percent of second-priority payments. This Decision pertains to those claimants who did not receive their first 50% payment. Please click here to see the Decision.

The Settlement Facility - Dow Corning Trust ("SF-DCT" or Settlement Facility) is the claims office that processes and pays claims in the Dow Corning breast implant settlement. The Dow Corning Plan provides that the settlement program will terminate after 15 years which means that the program will stop accepting claims on June 3, 2019. All claims, documents, and submissions must be sent to the Settlement Facility on or before June 3, 2019. They must be postmarked on or before June 3, 2019 or they will not be considered. There will be no extensions.

You may receive or may have previously received a letter from the Settlement Facility giving you a deadline to cure deficiencies in a claim. The June 3, 2019 final deadline DOES NOT CHANGE any deadline in a letter from the Settlement Facility. If you have any questions about your deadline, contact the Settlement Facility. If you do not comply with your deadline, your claim will be denied.

Go to the SF-DCT website or contact the Settlement Facility for information about your claim and rights. The Settlement Facility has posted a Notice with details about: how to apply for either the Expedited Release or Disease Payment, how to apply for an Increased Severity disease claim, how to submit an appeal to the Claims Administrator and Appeals Judge, and how to get claim forms and other information to help you file a claim. All documents and forms are on the websites below or call the Settlement Facility to get any form or document mailed to you. Please keep your address current.

Click here for the Summary of Closing Order 1 dated 7-25-18 (re: Doc #1447 found under Court Orders)



March 2018

Click here for a copy of the SF-DCT letter sent to Attorneys re: Claimant Funds Held in Law Firm Trust Accounts

The Settlement Facility mailed a letter last week letting everyone who filed a Proof of Claim in the Dow Corning bankruptcy know that the Settlement Facility will be terminating the settlement program next year. The Settlement Facility was originally set up to begin paying claims in 2004 and to last for 15 years. The end of that 15 year period is June 3, 2019. All claims must be submitted on or before June 3, 2019 or they will be barred. We know that many of you may have questions about what this means, so we have developed a Q&A (Questions and Answers) that can provide you with information. The Q&As are posted on this website under the tab called "Claimant Information Guide and Questions and Answers." Click on the link that says "Q&As about the Closing of the Settlement Facility."

The Settlement Facility office will not close on June 3, 2019. This is a deadline to file claims and submit any and all documents to have a claim reviewed and paid. The Settlement Facility office will remain open to review and process all claims until all approved claims have been paid.

The final Premium Payment for approved Rupture and Disease claims, as well as approved Increased Severity disease claims, will likely be made sometime after the June 3, 2019 deadline when all claims have been reviewed. This may take several months or longer to complete, so it is more likely that any Premium Payment would be made in 2020.

Yesterday, Dow Corning filed a Notice of Appeal regarding the District Court's Order authorizing Second Priority Payments (Premium Payments). In addition, Dow Corning filed a Motion to Stay the Court's Order, asking the Court to stop the Settlement Facility from sending out Premium Payments until the matter is resolved before the Court of Appeals. The CAC intends to file a response to this motion, opposing it, and asking the Court to allow the remaining partial Premium Payments to be sent. We will post copies of all the motions and documents on this website.

Attorneys Willing To Assist Registered Claimants with a Disease Claim

The following law firms have offered to accept new clients who wish to submit a Disease claim in the Settlement Facility. To be eligible, women must have filed a Proof of Claim in the case and must be able to establish that they have or had a Dow Corning breast implant. The CAC does not endorse any law firm or attorney, nor do we guarantee that any claim will be approved simply because you are represented by an attorney.

On January 31, 2018, the Settlement Facility will begin mailing a court-approved Notice about the final claims submission deadline of June 3, 2019 and the closing of the Settlement Facility offices shortly after that when all claims are processed and paid. There will also be an online Questions and Answers that will have more detailed information about the FINAL CLAIMS SUBMISSION DEADLINE. It will be available on or after February 1, 2018 here on the CAC website and on the Settlement Facility website. Please read through all the material carefully and confirm your status and contact information directly with the Settlement Facility at the number / email listed below.

The Settlement Facility - Dow Corning Trust ("SF-DCT" or Settlement Facility) is the claims office that processes and pays claims in the Dow Corning breast implant settlement. The Dow Corning Plan provides that the settlement program will terminate after 15 years which means that the program will stop accepting claims on June 3, 2019. All claims, documents, and submissions must be sent to the Settlement Facility on or before June 3, 2019. They must be postmarked on or before June 3, 2019 or they will not be considered. There will be no extensions.

You may receive or may have previously received a letter from the Settlement Facility giving you a deadline to cure deficiencies in a claim. The June 3, 2019 final deadline DOES NOT CHANGE any deadline in a letter from the Settlement Facility. If you have any questions about your deadline, contact the Settlement Facility. If you do not comply with your deadline, your claim will be denied.

Go to the SF-DCT website or contact the Settlement Facility for information about your claim and rights. The Settlement Facility has posted a Notice with details about: how to apply for either the Expedited Release or Disease Payment, how to apply for an Increased Severity disease claim, how to submit an appeal to the Claims Administrator and Appeals Judge, and how to get claim forms and other information to help you file a claim. All documents and forms are on the websites below or call the Settlement Facility to get any form or document mailed to you. Please keep your address current.

The CAC sent an e-newsletter today. Please check your emails. If you did not get a copy, you can read the newsletter on this site by clicking on the link for E-Newsletter and scrolling down to the newsletter with today's date.

The CAC has set up a Facebook page to reach as many claimants as possible in the Dow Corning bankruptcy settlement. Like or follow our page called "Claimants' Advisory Committee, Dow Corning Breast Implant Settlement."

The Settlement Facility has paid out approximately $1.347 BILLION in claims payments since June 1, 2004. A chart listing payments is below.

REMINDER: The Settlement Facility will close to all submissions and claims on June 3, 2019. Any submission or claim dated June 4, 2019 or later will not be accepted.

REMINDER: Keep your address and contact information current. To notify the Settlement Facility of any change in your address or other information, write them at:

SF-DCT
P.O. Box 52429
Houston, TX 77052-2429

You can also send them an email at: info@sfdct.com.

The Claimants' Advisory Committee has a Facebook page -- Claimants' Advisory Committee, Dow Corning Breast Implant Settlement

Please like or follow us at this link:
https://www.facebook.com/ClaimantsAdvisoryCommittee

The Settlement Facility - Dow Corning Trust (SFDCT) Claims Office plans to reopen on Wednesday, September 6, 2017.

Due to the flooding in Houston, Texas the SF-DCT (Dow Corning Claims Office) is closed. We anticipate they will be closed all of this week. We will post an update when we have more information available.

Based on the best information available to the CAC from documents produced in MDL-926 to the National Depository, we believe the following breast implants / brands were textured breast implants made from 1986-1992:

Mentor - brand names were the Textured Silicone breast implant, the Becker Textured breast implant, and the Textured Saline RTV

McGhan - Biocell breast implant

Bioplasty - brand names were the Textured Silicone Double Lumen, the Textured Silicone breast implant, the Misti Gel Filled Textured breast implant, and the Misti Double Lumen Textured breast implant

Dow Corning - brand names were the Silastic II MSI Gel Saline or Silastic III Gel Saline breast implant, and the Silastic II Gel-Saline Double Lumen breast implant

Today, the CAC sent out a newsletter about recent reports noting a possible association between certain breast implants - mainly textured ones - to a rare cancer called Anaplastic Large Cell Lymphoma (ALCL). Click here to view the FDA's report.

We urge women with implants to read the FDA report and to discuss any concerns they have with their medical doctor. We are simply passing on this information, which some of you are already aware of through news reports, to better inform you. If your implants have not been removed, please do not rush to have them removed based solely on this finding. Consult with your doctor and follow your medical advice. This is a rare, but treatable, cancer as the article points out.

URGENT REMINDER: The final deadline to file a Proof of Manufacturer form is June 3, 2019. This is also the final deadline to submit a claim for Increased Severity or to file a claim for Disease or Expedited Release. After this date, the Settlement Facility will NOT accept any claims. Claim forms are available on our website under the tab "SF-DCT Claim Forms" or click here.

If you have questions about your claim or status, contact the Settlement Facility at 1-866-874-6099 or by email at info@sfdct.com.

The CAC issued an e-newsletter today. If you did not receive one, you can sign up at this link: http://www.tortcomm.org/newsletter.shtml. You can also read copies of all prior CAC e-newsletters at this link as well.

Final briefing on the Finance Committee's Motion recommending that the Settlement Facility resume issuing partial Premium Payments will be completed today when the parties file their reply briefs. Copies of all briefs will be available under the tab "Premium Payments" on this site. The court will hear oral argument on March 23rd.

Claimants and attorneys are reminded that the FINAL deadline to submit a claim for benefits is June 3, 2019. Claimants must first submit a Proof of Manufacturer form and documents that show they have or had a Dow Corning breast implant. You can print a copy of the form by clicking on the tab "SFDCT Claim Forms" on this website or at this link: http://www.tortcomm.org/sfdct_forms.shtml

Women who have acceptable proof that they have or had a Dow Corning breast implant are eligible for either an Expedited Release Payment or a Disease Payment. The deadline to submit an Expedited Release claim was 3 years from the Effective Date in 2004; HOWEVER, that deadline has been extended to June 3, 2019. Women in the U.S. (Class 5) who have acceptable manufacturer proof can get $2,000 now. Claim forms are available at this link: http://www.tortcomm.org/sfdct_forms.shtml

If you need help with understanding how to file a Disease claim, there are guidelines that explain this in detail. Go to http://www.tortcomm.org/diseaseclaims.shtml or click on "Disease Claims" on the tab on this website.

Claims for Increased Severity are also being accepted by the Settlement Facility. There isn't a claim form for this benefit. Simply write a letter to the Settlement Facility and request a review. To be eligible, you must already have an approved Disease claim. If you have questions about this or your status, please contact the Settlement Facility at info@sfdct.org.

ALL CLAIMANTS AND ATTORNEYS ARE URGED TO KEEP THEIR ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS CURRENT WITH THE SETTLEMENT FACILITY. To do this, email them at: info@sfdct.org.

On December 30, 2016, the Finance Committee filed a motion before the District Court recommending that the Court approve paying 50% Premium Payments to women who have or had a Dow Corning breast implant AND who also have an approved Disease and/or Rupture claim, to approved Disease Option 2 Increased Severity claims, and to claims in Class 16 (Dow Chemical). The next step will be briefings submitted by both parties and then a hearing before the District Court. We anticipate that the hearing will be in March 2017. Until the District Court rules, no Premium Payments can be made.

If the District Court approves the 50% Premium Payment, this means that claimants who did not previously receive a 50% Premium Payment can be paid, as well as all claimants who are approved for a Disease claim in the future. Claimants who have already received a 50% Premium Payment will NOT receive any additional payment at this time. We anticipate that the final 50% Premium Payment will be made closer to the end of the Settlement Plan in 2019.

Claimants are reminded to keep all contact information current with the Settlement Facility. This includes a change of name, address, email, phone, attorney, and/or probate status. If a claimant has passed away, her family may pursue the claim by being appointed as Executor of her estate and submitting the appropriate probate documents to the Settlement Facility. We urge all claimants to keep their information current with the Settlement Facility to avoid delays in payment or having their payment returned because of an insufficient address.

Claimants are also reminded that the final deadline to submit claims to the Settlement Facility is June 3, 2019. Disease claims often take many months to document, so claimants are urged to start this process now and not wait until the final deadline. Claims are also being accepted for Increased Severity or claimants may elect an Expedited Release Payment as a final payment for their claim. Claim forms are available on the Settlement Facility website.

Finance Committee Recommendation & Motion for Authorization to make Second Priority Payments #1279. To read the Motion click here.

Here is a link to the most recent CAC E-newsletter.

Today, the District Court issued an Order approving the Consent Order To Establish Guidelines for Distributions From The Class 7 Silicone Material Claimants' Fund. This means that the Court has authorized approved disease claims in Class 7 to be paid and has approved the parties' agreed interpretation of "marshaling." The order will become final once the 30-day time period for appeals has expired and no appeals have been filed. Payments can begin once the Order is final. This means that payments will not begin until sometime in January 2016 or thereafter.

You can read or download a copy of the Order here.

Copy of the SFDCT letter sent to claimaints with an approved Disease Option 2 claim regarding Increased Severity - Please note the deadline date of June 2, 2019 is incorrect. The correct deadline date is June 3, 2019. To read the response, click here.

Omnibus Response to Objections & Submissions Responding to Consent Order to Establish Guidelines for Distribution From Class 7 Silicone Materials Claimants Fund. To read the response, click here.

Scheduling Order Regarding Consent Order to Establish Guidelines for Distributions from Class 7 Silicone Material Claimants' Fund. To read the order, click here.

ATTORNEYS: Wells Fargo, the paying agent for the SF-DCT, requires law firms to provide an updated w-9 before payment can be issued. You can download a copy of the updated w-9 form here. Please complete and return the w-9 to the SF-DCT.

Copy of the Notice to Class 7 Claimants Establishing Guidelines mailed by the SFDCT. To read the notice, click here.

Judge Hood as issued an Order Authorizing Distribution of the Notice in reference to the Class 7 Consent Order. To read the order, click here.

CAC FILES MOTION ASKING FOR APPROVAL TO PAY CLASS 7 CLAIMS AND TO RESOLVE THE DISPUTE CONCERNING PREVIOUSLY DENIED "MARSHALING" CLAIMS

On Friday, May 22, 2015, the CAC filed a proposed Consent Order asking the Court to authorize payment of disease claims for Class 7 claimants. Most claimants in Class 7 have been previously paid a $600 Expedited Release Payment, a Foreign Gel Claimant Payment, or a $3,000 Cash-Out Offer. Claimants that rejected the Cash-Out Offer and elected for a full disease review have been waiting for payment on their approved disease claim. With the filing of the motion, the CAC hopes that these claimants can now be paid once the Consent Order is entered by the Court.

In addition, the CAC has reached an agreement with Dow Corning regarding thousands of Class 7 claims that were previously denied by the SF-DCT on the grounds that the claimant allegedly had not "marshaled" their recoveries from their primary manufacturer (Bristol, Baxter). Under this agreement, claims will be reviewed to determine if the claimant was eligible to apply for disease compensation from the Revised Settlement Program. If so, then that claimant cannot apply for the same disease in Class 7. However, if a claimant was not eligible to receive benefits for a particular disease in the RSP, then that claimant may seek compensation from Class 7.

For example, if a claimant was an Other Registrant in the RSP, the only disease option she was eligible for was Disease Option 2 (called Long Term Benefits). Other Registrants were not eligible for Disease Option 1 (Fixed Benefits) and diseases like ACTD. These claimants may now seek compensation for Disease Option 1 from Class 7.

The SF-DCT will re-review the claims that were previously denied and will send eligible claimants either a $600 Expedited Release Payment or $3,000 Cash-Out Payment. The Cash-Out Payment is available only to those claimants who submitted a disease claim in 2006. Claimants may reject the Cash-Out Payment and instead elect for a full disease review; however, if the claim is not approved, they will not be eligible for the Cash-Out Offer again.

A copy of the proposed Consent Order is available here.

The MDL Common Benefit Trust fund has announced that it will offer women who were not compensated for Explantation in either the MDL or Dow Corning Settlement a chance to apply for $5,000 explant payment. For more information about this program, please click here. Please note that this program is not affiliated with either the RSP or Dow Corning Settlement Plan.

If you are having difficulty getting your medical insurance to cover the cost of the explant surgery, there is a new resource for women. The Insurance Coverage Assistance Program will be available to provide advice and assistance on how to assess this Medicare, Medicaid, and health care coverage for issues related to breast implants. This program is to be operated by the National Center for Health Research, a consumer-oriented non-profit group in Washington, D.C., that has helped women seek insurance coverage for breast implant removal. The National Center currently operates the breastimplantinfo.org website. You may email them at info@breastimplantinfo.org with your name and email address for more information, including their toll-free number. If you do not have access to email, you can call them at 202-223-4000.

On January 27, 2015, the Court of Appeals reversed the District Court's authorization to make 50% partial Premium Payments. Fortunately, the SF-DCT has already made 98% of the partial Premium Payments to eligible, approved claimants. This money does not need to be repaid. Claimants can keep the partial Premium Payment checks that were issued to them. Unfortunately, the remaining 2% of claimants who did not receive their partial Premium Payment check (or returned it for reissuance, or who had lost checks) are on hold pending either a consensual resolution to pay their claims or a court order. A copy of the ruling is under the tab "Court Orders."

Today, February 10, 2015, the CAC filed a petition for rehearing on this ruling, asking the Court of Appeals to reconsider or rehear the issue based on what the CAC believes are two serious legal errors. A copy of the petition is under the tab "Appeals to the 6th Circuit" and then under the sub-tab "Premium Payments."

We are happy to report that the Court of Appeals for the 6th Circuit issued a ruling today in favor of the claimants affirming that tissue expanders are included in the definition of "Breast Implants" in the Dow Corning Settlement Plan. This means that a woman who had a Dow Corning tissue expander can proceed with her claim as a Class 5 claimant and receive benefits for Explant and Disease / Expedited Release. This is a significant victory since Dow Corning had urged the courts to find that these claimants should receive no benefits at all. This should conclude all appeals over this issue and allow claimants whose claims have been on hold for the past 10 years to finally receive payment. To read the order, click here.

Stipulation and Order Recommending the Appointment of the Honorable Pamela R. Harwood as Lien Judge. To read the order, click here.

6th Circuit Court of Appeals ruled Denying Dow Corning's Motion to Stay Partial Premium Payments. To read the ruling, click here.

Reply of DCC to the Response of the CAC in Opposition of the Motion to Stay Regarding Partial Premium Payment Distribution. To read the response, click here.

Response of CAC In Opposition to Motion to Stay Dow Corning Ruling Regarding Partial Premium Payment Distribution. To read the response, click here.

Dow Corning has filed a Reply Brief to CAC Response regarding Tissue Expanders. To read the reply, click here.

Judge Hood has ruled Denying the Motion to Stay Pending the Appeal of Dow Corning. To read the ruling, click here.

STATUS OF PARTIAL PREMIUM PAYMENTS

As anticipated, Dow Corning filed a Notice of Appeal of the District Court's Order approving partial Premium Payments and a Motion to Stay the payments. This means that they have asked the District Court to prevent any payments from being issued while the appeal is being heard. The CAC filed a response opposing the stay and urged the Court to allow the payments to go forward. We do not know when the Court will rule. We have asked the courts to expedite the briefing on the decision on the appeal and stay. In the meantime, the Settlement Facility and the Finance Committee will continue its ongoing work to be prepared to issue the payments. The documents concerning the appeal will not be available on our website until the Court rules on the pending Motion to Seal Pleadings and Exhibits.

The Claimants' Advisory Committee has filed a Response Brief with the 6th Circuit Court of Appeals regarding Tissue Expanders.

To read a copy, click here

Dow Corning has filed an Appeal to the 6th Circuit Court of Appeals regarding Tissue Expanders. The Claimants Advisory Committee response is due February 11, 2014.

To read a copy, click here

Today, the District Court ruled on the pending request to make Partial Premium Payments to certain approved claimants. The Court GRANTED the request and ordered the Finance Committee to implement a 50% Premium Payment as soon as practicable to "Historical Claimants" - those claimants whose claims were paid before January 1, 2011, and 50% Premium Payments to those claimants who claims have been or will be paid on or after January 1, 2011.

It is almost certain that Dow Corning will file a Notice of Appeal of this ruling to the Court of Appeals for the Sixth Circuit.

To read a copy, click here.

In Memoriam - F Andrews. To read, click here.

Judge Hood has ruled on the Tissue Expander Issue. To read a copy, click here.

In Memoriam - D Austern. To read, click here.

The Sixth Circuit Court of Appeals issued their Ruling on the Time Value Credit Issue on March 8, 2013. The Sixth Circuit Court of Appeals has affirmed the Ruling of the District Court. To read a copy, click here.

The Settlement Facility offices are moving to a new location in Houston, Texas on March 30th, 2012. During the move, the phones, emails and access to the "My Claim" feature on the SF-DCT website will be shut down from March 27th to April 2nd, 2012. This means representatives will not be able to answer any calls or emails during this time. Please be patient during this transition.

The mailing address for claims forms will remain the same:
P.O. Box 52429, Houston, Texas 77052-2429

To send documents to the Settlement Facility by overnight mail (Federal Express or a similar service), the new address effective April 3, 2012 is:

      SF-DCT
      3200 SW Freeway, Suite 1500
      Houston, TX 77027

The phone number for the Settlement Facility will remain the same: 866-874-6099.

UPDATE ON PREMIUM PAYMENT MOTION

The court heard oral argument from the parties on the Finance Committee's motion requesting authority to make Premium Payments. As we anticipated in previous newsletters, the court did not rule on the motion at the hearing. The matter is now under consideration by the court. We do not know when the court will issue a ruling. As soon as an order is entered, we will send out a newsletter and update our website with the information.

The briefs are on the CAC website (www.tortcomm.org) under the heading "Pending Motions." If you are not receiving the Enewsletters via Email and you have registered your email address, please check your spam filters to make sure the emails are not being filtered out.

The briefing on the Finance Committee's motion requesting approval of Premium Payments to approved Rupture and Disease claimants is now complete. Copies of the briefs are available on the CAC's website. The hearing on this matter will be on January 31st. For more information, please read the January 5, 2012 e-newsletter available on this site.

District Court issues an Order rescheduling the December 12, 2011 hearing date on Premium Payments to January 31, 2012 - see attached copy here.

District Court Rules in Favor of CAC on Time Value Credit. To read a copy, click here.

CAC Response to Finance Committee's Recommendation Regarding Premium Payments.

The Finance Committee has filed their Supplemental Motion for Premium Payments.
To read a copy, click here.

The CAC issued a new e-newsletter today. To read a copy, click here.

It is with great regret that we report that David Austern is retiring as the Claims Administrator at the end of June 2011. We wish David well on his retirement, and we would like to express our sincere appreciation for his hard work and dedication, willingness to work with claimants and attorneys, and his success at the Settlement Facility in making the claims process highly professional and accurate. The Claimants� Advisory Committee has enjoyed working with Mr. Austern the past seven years, and we know we express the sentiment of many, many claimants and law firms who feel the same way. We are fortunate that David is willing to be a Consultant to the new Claims Administrator and Finance Committee.

The parties have selected Ann Phillips as the new Claims Administrator. Ms. Phillips has worked at the Settlement Facility for the past 11 years as the Claims Operation Manager managing all aspects of the claims process and staff, and she is very familiar with the settlement plan. Kim Phillips, who has worked at the Settlement Facility since 2001, has been appointed the new Claims Operations Manager. We have tremendous confidence in Ann Phillips and Kim Phillips and their ability to continue the high standards of excellence that David Austern established, and we welcome them in their new roles as the Claims Administrator and Claims Operations Manager respectively.

The CAC is pleased to announce that after many months of working with the Finance Committee, they have indicated today that they will recommend to the District Court that 50 - 100% of Premium Payments be paid to eligible claimants in 2012 or 2014. The Finance Committee will file a motion by the end of June 2011, as required by the Plan, with more details about the recommendation. We do not know anything more about the specifics at this time.

We believe it is likely that Dow Corning will object to making Premium Payments now. We do not have a schedule for a hearing at this time, but the Plan does require that Dow Corning cooperate in an expedited process for review of this issue and to an expedited hearing. We hope to have this issue fully briefed and argued to the District Court by the fall of 2011.

It is important to note that this is the first step to determine whether and when Premium Payments will be paid. The earliest that they could be paid would be in 2012. Please keep your address and other contact information up-to-date with the Settlement Facility so that payments will not be delayed. If you have not completed the Address Verification Form that was mailed to you, please do so immediately. You can obtain a copy from the Settlement Facility by contacting them toll-free at 1-866-874-6099 or by email at info@sfdct.com.

The CAC filed a petition for rehearing and rehearing en banc before the US Court of Appeals for the Sixth Circuit on the Disability A decision. A copy of the petition can be read or downloaded by clicking here.

Sixth Circuit Rules on Tissue Expanders and Disability A Appeals

On December 17, 2010, the US Court of Appeals for the Sixth Circuit issued one order for the two appeals pending before it on the issues of 1) whether tissue expanders are "Breast Implants" as that term is defined in the Plan of Reorganization and, 2) does phrase "vocation or self-care" in the Disability language mean a claimant must be totally disabled in either vocation or self-care, or does it mean that a claimant must be totally disability in both vocation and self-care.

On the issue of tissue expanders, the Court ruled that the Plan's definition of "Breast Implants" was ambiguous and therefore, the District Court should have considered "relevant extrinsic evidence" about what the parties intended. It remanded the case to the District Court and stated that once the District Court considers the extrinsic evidence and rules, that decision will be entitled to deference and will not be disturbed on appeal.

On the issue of Disability A's language, the Court cited the Cambridge Dictionary on English and stated that based on this, the phrase "vocation or self-care" really means "vocation and self-care" and reversed the District Court's ruling. This means that the Sixth Circuit ruled that claimants must submit documentation that they are totally disabled in both vocation and self-care if they are relying on the Disability A language for payment.

The CAC would like to point out to claimants that not all of the eligible diseases and conditions requires total disability to receive a Level A payment, and we urge you to read the Disease Guidelines carefully to see whether the ruling might affect a claim that you file in the future.

A copy of the Order can be read under "Court Orders."

URGENT REMINDER: MDL-926 CLOSES ON DECEMBER 15, 2010

If you have an implant made by any of the companies participating in the Revised Settlement Program (MDL 926), you must submit any and all claims you have to the MDL-926 Claims Office by December 15, 2010. No new claims will be accepted by the MDL 926 Claims Office for the Revised Settlement Program after this date.

For more information, go to the MDL-926 Claims Office website at: http://www.claimsoffice-926.com/index.html.

Some of the brand names of eligible breast implants in the RSP are: Heyer-Schulte, American Hospital Supply, Natural Y, Surgitek, Replicon, Natural Y, MEC or Medical Engineering, all polyurethane-covered breast implants, McGhan Medical, and 3M/McGhan. A complete list of eligible RSP implants is listed at: http://www.tortcomm.org/downloads/RSPEXHIBITG-LISTOFELIGIBLEPRODUCTS.pdf.

STATUS OF PREMIUM PAYMENTS

The Finance Committee has decided, due to uncertainties that they believe may have an impact on the Settlement Fund, that Premium Payments should not be distributed at this time. Instead, they have postponed the decision and recommend a schedule be set to review the data and uncertainties so that they can report to the Court by June 15, 2011.

Some of the uncertainties cited by the Finance Committee include what impact the closing of the MDL 926 Settlement Fund in December 2010 might have on the Dow Corning Settlement Fund, the two pending appeals before the Court of Appeals on Disability A and tissue expanders, and the motion on whether claimants, not Dow Corning, get the benefit of interest earned on the Initial Payment (the so-called �time value credit� motion). The latter motion is pending before the District Court Judge.

We are, like you, deeply disappointed about this and disagree with the Finance Committee�s decision. We believe that the analysis of data from the settlement and the MDL 926 Settlement clearly show that the Dow Corning Settlement Fund has adequate funds to pay Premium Payments now and assure that sufficient funds will be available to make Base Payments in the future. We will contine to devote our efforts to get the payments that were bargained for and agreed to in the Joint Plan approved and paid to you as soon as possible.

Today, a 3-judge panel from the Court of Appeals for the 6th Circuit heard oral arguments from the CAC and Dow Corning on the two pending appeals on whether tissue expander implants are "Breast Implants" as defined by the Plan, and whether the Disability A language that requires total disability in "vocation or self-care" should be changed to "vocation and self-care."

The Court of Appeals does not issue rulings from the bench. They heard both parties' positions, asked questions, and then took both matters under advisement. We do not know when they will issue rulings, but it will likely take 3-6 months (or possibly slightly longer) before any decisions are issued. We will post any updates as soon as we receive them.

The CAC issued a new e-newsletter today. To read a copy, click here.

The Settlement Facility has paid approximately $1.164 billion to eligible claimants who have submitted acceptable proof of Rupture, Explant and/or Disease. A chart listing payments by class and benefit type is in the e-newsletter and can also be found under the "Claims Data" heading. The CAC has requested that Premium Payments be authorized. We do not know at this time when these payments might be approved.

Currently, there are two appeals pending before the United States Court of Appeals for the Sixth Circuit concerning whether claimants who have an implant called a "tissue expander" are eligible to participate in the Plan as "breast implant claimants" and whether the Disability Level A standard (for total disability) requires total disability in both vocation or self-care or just one of these areas to qualify for benefits.

Dow Corning also recently filed a motion challenging the amount of credits its claims it is entitled to for funding the Settlement Trust. The CAC strongly opposes this motion and has filed a Response. Copies of these pleadings are under "Pending Motions." A hearing has been scheduled for March 11th.

On December 28, Dow Corning filed its Reply to the Disability A brief pending before the 6th Circuit. To read or download a copy of the brief, go to the navigation tab entitled "Appeals to the 6th Circuit" and click on the document entitled DCC Reply re Disability A, 2009, 12-28-09.

We have not received a date for oral argument at this time but we will post this information when it becomes available.

The CAC issued an e-newsletter today. To read a copy, click here. Copies of the briefs to the U.S. Court of Appeals for the 6th Circuit are under the navigation tab entitled "Appeals to the 6th Circuit." The issue regarding the eligibility of tissue expander implants to be classified as breast implants is now fully briefed. The issue regarding the interpretation of Disability A's language of "self-care or vocation" has also been briefed, and we are waiting for Dow Corning to file its Reply brief due on December 28, 2009.

Inquiries to the CAC can be sent to info@tortcomm.org.

On July 10, 2009, Dow Corning filed a Reply in Support of Its Motion to Stay The Court's Rulings. You can read a copy by going to "Appeals to the 6th Circuit" and clicking on the above-named document. A hearing date has not been set at this time.

The Court of Appeals for the 6th Circuit has not yet set a briefing schedule on the Notices of Appeal that Dow Corning filed regarding the "Disability A" and tissue expander rulings.

The CAC issued a newsletter today that you can read by clicking on "Electronic Newsletters" and scrolling down to the date of June 29, 2009. The newsletter has information about the Notices of Appeal that Dow Corning filed regarding the Court's Orders of June 10, 2009 on Disability A (and/or) and tissue expanders.

Yesterday the Court entered orders ruling in favor of the CAC on two pending motions. The first order ruled that to qualify for Level A total disability, claimants may use either vocational disability or self-care disability. Previously, the Settlement Facility had required claimants to document total disability in both areas.

The second order ruled that tissue expanders are breast implants as defined by the Plan and claimants with Dow Corning tissue expanders qualify for Class 5 or 6 benefits (Class 5 and 6 are for Dow Corning breast implant claimants).

Copies of both orders are available to read or download by going to "Court Orders" and clicking on the appropriate order.

Today - June 1, 2009 - is the 5th anniversary of the Effective Date of the Dow Corning Settlement Plan. This means that the Dow Corning Plan has been accepting claims and paying benefits on approved claims for the past 5 years. The following funds are closed to new claims: Class 7 (Silicone Gel Material Claims Fund) and Class 9 and 10 (Dow Corning Covered "Other Products"). In addition, the deadline to file a claim for a Dow Corning ruptured breast implant has also passed.

Claimants who filed a timely claim in the bankruptcy and who have a Dow Corning breast implant may file a claim for Explant anytime on or before June 2, 2014 and/or Disease anytime on or before June 3, 2019.

The CAC sent out a new electronic newsletter on May 28, 2009. To read a copy, click HERE.

URGENT REMINDER - July 9, 2009 is the deadline for certain claimants to cure deficiencies in their ACTD claims. This deadline only applies to claimants who have already filed an ACTD claim and who had a deficiency in their claim. We urge you to contact the Settlement Facility for more information about the status of your claim and to schedule a time to speak with a nurse reviewer about how to cure the deficiencies in your claim. You can contact the Settlement Facility at their toll free number: 866-874-6099.

The Claimants' Advisory Committee issued a new e-newsletter today. You can view or print a copy by clicking here. Back issues of our e-newsletter are available on our website by clicking on the tab entitled "Electronic Newsletters" and scrolling down past the sign-up form. You can also sign up to receive free copies of the newsletter on this same page.

URGENT REMINDER OF CURE DEADLINE DATE FOR CERTAIN CLAIMANTS

This reminder applies only to certain claimants who previously filed a claim for either Systemic Lupus Erythematosus (SLE) and/or Atypical Connective Tissue Disease (ACTD) and received a deficiency notice about that claim from the Settlement Facility � Dow Corning Trust (SF-DCT). These cure deadlines do not apply to you if the SF-DCT notified you that you have a longer or different cure deadline date.

If you have any question about what your cure deadline is, contact the SF-DCT at 1-866-874-6099 or at info@sfdct.com.

The final cure deadline for certain Systemic Lupus Erythematosus (SLE) claims is MAY 4, 2009.

The final cure deadline for certain ACTD claims is JULY 9, 2009.

No further extensions will be allowed.

Reminder: the deadline to file a new disease claim for any eligible disease or condition in the Plan is June 3, 2019.

There are over 3,000 claimants with an ACTD claim who have a July 9, 2009 cure deadline. The SF-DCT mailed a reminder letter about this deadline to these claimants today. A copy of the letter is available by clicking here.

Please do not wait until the last day to submit your documents for a re-review of your disease claim. This will cause a very large backlog and processing delays at the SF-DCT.

CLAIMS PROCESSING PAYMENT UPDATE

Today's e-newsletter also contains information on claims processing status and payment information. As of February 28, 2009, the SF-DCT has paid over $1.079 billion in claims payments. For more information, please review the March 25, 2009 e-newsletter.

A significant issue for the SF-DCT is the volume of uncashed checks that have been issued to claimants, currently totaling $3.3 million. Most of these checks have been uncashed because the claimant and/or her attorney have moved and did not provide a forwarding address to the SF-DCT. Please update your address, phone number and contact information with the SF-DCT. Send your new information to:

    Settlement Facility � DC Trust
    P.O. Box 52429
    Houston, TX 77052-2429

URGENT DEADLINE REMINDER TO SETTLING LATE CLAIMANTS: JANUARY 21, 2009 IS THE DEADLINE TO SUBMIT ALL CLAIM FORMS

NOTE: This reminder applies only to "Settling Late Claimants." It does not apply to any other claimants in the Dow Corning case.

If you are a Settling Late Claimant covered by the Court's Order of December 12, 2007 (Agreed Order Allowing Late Claimants Limited Rights to Participate in the Plan's Settlement Facility), then you must submit all claim forms and documents supporting your claims for Explant, Rupture and Disease or Expedited Release by January 21, 2009. If you have questions about your claim, contact the Settlement Facility at their toll-free number: 866-874-6099 or contact them by email at: info@sfdct.com. If you need legal assistance with your claim, you can contact the Claimants' Advisory Committee at info@tortcomm.org.

Read the full newsletter...

Also: Independent Assessor 2nd Quarter 2008 Executive Summary

The deadline for the MDL-926 Claims Office to file an appeal to the District Court's Order dated August 8, 2008 on liens it asserted against certain claimants in the Dow Corning Settlement Facility has passed, and no appeal was filed. The Settlement Facility will issue payment to approved claimants whose claims were previously on hold because of the MDL-926 lien motion. If you have any questions about your claim status, please contact the Settlement Facility at info@sfdct.com or toll free at 866-874-6099.

The MDL-926 Claims Office has begun mailing letters to attorneys and doctors about the conclusion of the Revised Settlement Program on December 15, 2010. For more information, click on the left navigator head entitled "MDL-926 Claims Office - Revised Settlement Program." Please note that the DCC Plan and deadlines are not the same as the deadlines in the RSP.

URGENT: Attorneys who are willing to represent claimants with disease claims in the DCC Settlement Facility, please contact the CAC by clicking HERE. Claimants in the DCC Plan can file disease claims for Disease Option 1 (ACTD, ANDS, Primary Sjogren's Snydrome, Mixed Connective Tissue Disease, etc.) and Disease Option 2 (Scleroderma, SLE, Polymyositits, Dermatomyositis, and GCTS) until June 3, 2019.

The District Court issued a ruling on August 8, 2008 regarding the motion that was filed by the MDL 926 Settlement Fund asserting liens against certain claimants in the Dow Corning case. The MDL 926 Settlement Fund had asked the court to allow it to receive a portion of the payment from claimants who were paid 100% in the Revised Settlement Program and who then asserted a right to payment from the Dow Corning Settlement Fund. The District Court ruled that the MDL 926 "cannot meet the constitutional requirement of standing nor the standing required under the Lien Procedures entered by this Court." (p. 13) In addition, it ruled that the MDL 926 Settlement Fund failed to meet the legal criteria to assert an equitable lien. As a result, the Court denied the MDL 926 Settlement Fund's motion.

A copy of the ruling is posted on this website under the left navigation tab entitled "Court Orders."

As of May 31, 2008, the Settlement Facility - Dow Corning Trust (SFDCT) has paid out in excess of $1.018 billion dollars to claimants, including the following amounts paid to Dow Corning Breast Implant Claimants: $414 million in Rupture claims, $140 million in Explant claims, $53.5 million in Expedited Release claims, and $393.4 million in Disease claims. A chart detailing claims payments is available in the CAC's electronic newsletter for June 27, 2008 (click on the left navigator heading E-Newsletters and follow the link to June 27, 2008 and by clicking on the heading "Claims Data".)

This is an URGENT REMINDER to "Eligible Late Claimants" identified in the Court's Order dated December 12, 2007 (a copy of the order is available to read or download under the left navigator heading "Court Orders"): the deadline to file a claim for Class 7 (Silicone Gel Material Claim Fund) or Class 9 or 10 (Covered Other Dow Corning Products) is July 21, 2008. If you are an Eligible Late Claimant with a silicone gel breast implant made by Baxter (Heyer-Schulte, etc.), Bristol (Surgitek, Meme, Natural Y, etc), Bioplasty, Cox-Uphoff and/or Mentor, then your claim is in Class 7 and you must submit your Class 7 claim form by July 21, 2008. Claim forms can be downloaded from the Settlement Facility website (www.sfdct.com or www.dcsettlement.com). If you have a Dow Corning Covered Other Product, i.e., hip, knee, TMJ, etc (a complete list of eligible implants is listed in the Claimant Information Guide), then you must submit your Class 9 (or Class 10 for non-US citizens) claim form by July 21, 2008 .

This is also an URGENT REMINDER that all timely Class 9 and 10 claimants must submit documents to cure any deficiencies in their Proof of Manufacturer documents by August 1, 2008.

If you have any questions about the status of your claim or the deadline that applies to your claim, contact the Settlement Facility toll free at 866-874-6099 or by email at: info@sfdct.com.

The CAC issued its 44th e-newsletter today (Vol. 5, No. 4). You can view or download a copy by clicking on the left navigator heading "Electronic Newsletter" located on this page. If you would like to receive a free copy of future CAC newsletters, please complete the on-line form that is located under the same heading of "Electronic Newsletter."

The issue of confidentiality of claimants� names and medical information was addressed in the recent e-newsletter. You may view or download of copy of the court�s CM-ECF case filing procedures policies, specifically Rule 20, along with administrative order 07-AO-030 by clicking on the left navigator heading �Claimant Confidentially�.

The Settlement Facility released additional information this week on how it processes claims for Scleroderma / Systemic Sclerosis. You can view or download a copy of the information by clicking on the left navigator heading "Disease Claims" and then clicking on the words "SF-DCT Criteria for Scleroderma." Information has also been released for disease claims of Polymyositis, Dermatomyositis, Mixed Connective Tissue Disease and Overlap Syndrome. The next scheduled release of information will be on April 1, 2008 on General Connective Tissue Symptom (GCTS) claims.

The Settlement Facility is issuing checks to approved Medical Condition claimants in Classes 9 and 10 (Covered Other Products) for "Additional" and "Premium" payment amounts as authorized by the Court in its Order of December 12, 2007 entitled, "Consent Order to Establish Guidelines for the Distributions From, And to Clarify the Allocation of, The Covered Other Products Fund." You can view a copy of the Order by clicking on the left navigator heading "Court Orders." If you received a deficiency notice from the Settlement Facility regarding your Proof of Manufacturer claim for Class 9 or 10, then you have until August 1, 2008 to submit acceptable proof of a Dow Corning Covered Other Product or your claim will be permanently barred. For more information, contact the Settlement Facility at their toll free number 1-866-874-6099 or contact them by email at: info@sfdct.com.

The following are important upcoming deadlines:

Deadline Date	Type of Deadline
April 2, 2008	Cure Deadline for certain claimants who previously filed a claim for Polymyositis or Dermatomyositis (consult the SFDCT about your specific cure deadline)
May 1, 2008	Cure Deadline for certain claimants who previously filed a claim for Primary Sjogren�s Syndrome (PSS), Mixed Connective Tissue Disease (MCTD) or Overlap Syndrome (OS) (consult the SF-DCT about your specific cure deadline)
July 21, 2008	LATE CLAIM DEADLINE FOR CLASS 7, THE SILICONE MATERIAL CLAIMANT FUND and LATE CLAIM DEADLINE FOR CLASSES 9 AND 10, COVERED OTHER PRODUCTS FUND. This deadline only applies to Class 7, 9 and 10 Late Claimants listed in the Court�s Order of December 12, 2007.
August 18, 2008	Cure Deadline for certain claimants who previously filed a claim for Systemic Sclerosis / Scleroderma (consult the SF-DCT about your specific cure deadline)
October 1, 2008	Cure Deadline for certain claimants who previously filed a claim for General Connective Tissue Symptoms (consult the SF-DCT about your specific cure deadline)
October 20, 2008	NOI CLAIMANTS� Deadline to submit Explant and/or Rupture claims � Classes 5, 6.1 and 6.2 (this deadline only applies to NOI claimants; it does NOT apply to timely filed claimants)
November 1, 2008	Cure Deadline for certain claimants who previously filed a claim for Atypical Neurological Disease Syndrome (ANDS) (consult the SF-DCT about your specific cure deadline)
December 15, 2008	Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)
January 21, 2009	FILING DEADLINE for LATE CLAIMANTS in CLASS 5 AND 6 to submit all claim forms and supporting documents. This deadline only applies to LATE CLAIMANTS in Class 5 and 6.
February 2, 2009	Cure Deadline for certain claimants who previously filed a claim for Atypical Connective Tissue Disease (ACTD) (consult the SF-DCT about your specific cure deadline)
June 2, 2014	Explant Claims submission deadline for timely filed claimants in Classes 5, 6.1 and 6.2 (NOTE: this deadline does NOT apply to NOI claimants or Late Claimants)
June 3, 2019	Disease or Expedited Release Claim submission deadline for all claims in Classes 5, 6.1 and 6.2 (this deadline does NOT apply to Late Claimants)

1. Agreed Order Modifying Certain Final Disease Cure Deadlines -- this agreed order sets forth a new schedule for the release of certain disease and disabilty information by the Settlement Facility and sets out new cure deadlines that apply to these diseases. The new schedule is:

Scleroderma claims - information will be released by February 18, 2008; the new cure deadline for affected claims is August 18, 2008

General Connective Tissue Symptoms (GCTS) - information will be released by April 1, 2008; the new cure deadline for affected claims is October 1, 2008

Atypical Neurological Disease Syndrome (ANDS) - information will be released by May 1, 2008; the new cure deadline for affected claims is November 1, 2008

Systemic Lupus Erythematosus (SLE) - information will be released by June 13, 2008; the new cure deadline for affected claims is December 15, 2008

Atypical Connective Tissue Disease (ACTD) - information will be released by August 1, 2008; the new cure deadline for affected claims is February 2, 2009

2. Agreed Order Allowing Certain Late Claimants Limited Rights to Participate in the Plan's Settlement Facility -- this Order provides an opportunity for late claimants whose late claim request was received by the Court on or by June 1, 2007 to apply for limited benefits from the Settlement Facility. Claimants who wish to reject the settlement must do so by January 11, 2009. The Settlement Facility will send claim form packages to all eligible late claimants.

3. Consent Order to Establish Guidelines For Distributions From, and to Clarify The Allocation Of, The Covered Other Products Fund - this Order authorizes the Settlement Facility to distribute Additional and Premium Payments to approved Medical Condition claimants in Classes 9 and 10 (Covered Other Products Fund). The Settlement Facility will begin distributions immediately.

The CAC issued an electronic newsletter today to those claimants and attorneys who have signed up to receive a copy. If you would like to register to receive the e-newsletter, click on the tab "Electronic Newsletter" located on the left side of the screen. Today's newsletter has information on claims processing and payment for claims in Classes 5 and 6 (Dow Corning breast implant claimants), Class 7 (Silicone Gel Material claimants) and Classes 9 and 10 (Covered Other Products claimants.) To date, the Settlement Facility has approved and paid approximately 100,000 claims totaling $917,465,415.

The Settlement Facility mailed information packages on the Notice of Intent (NOI) settlement to covered claimants and attorneys. (A copy of the Class 5/6 package will be available on the CAC website under "Rule 3005/Notice of Intent Claims.") Notice of Intent claimants are those persons who filed a Notice of Intent or Proof of Claim form that was received after November 30, 1999 (the date the bankruptcy court confirmed or approved the Amended Joint Plan of Reorganization of Dow Corning) and on or before August 30, 2004 (the deadline to file an NOI form), or who filed an NOI on or before November 30, 1999 but did not respond to Dow Corning's notice in 2004 that they needed to file a Proof of Claim form. If you have any question about whether you are an NOI claimant, contact the Claims Assistance Program's toll free number at 866-874-6099 or send them an email to: mailto:info@sfdct.com. The NOI settlement only applies to NOI claimants. It does not apply to timely filed claimants.

Included in the NOI informational package is the "NOI Acceptance Form." (A copy of this form is also avaiable for download on this website.) If you are an NOI claimant and want to remain in the NOI settlement, complete and return the NOI Acceptance Form to the Settlement Facility. The form instructs claimants to place a label on the box. Labels were not included in the informational package. Use the label that the Settlement Facility sent to you with the claim forms in 2003. If you do not have a label or cannot locate it, print your name and other information in the box and return the form. You do not need a label to return the form.

• The Facility has met with the developer of the current system for processing claims to identify and plan improvements. The goal is to improve the speed, accuracy, and efficiency of our current processes and communications to Claimants.
• In the areas identified as needing improvement the Facility has retrained staff. A new trainer has been hired to focus specifically on enhancement of our training resources.
• The Facility is reviewing claims approved at MDL that were not approved by the Facility. If the claim was for the same disease and compensation level approved at MDL, the claim will be paid at the same level here. If the claim is for a new disease or higher compensation level, new records are required for the review.
• The Facility is in the process of reviewing the letters used to communicate claim status. Where possible, letters will be edited for clarity of content.
• The Facility has enhanced the resources used for Internal Quality Control of claims already approved or denied. Additional staff has been added to the audit team. This team is in the process of reviewing claims already processed to ensure consistency in outcomes.
• As a result, if your claim is audited and found to be in error, the Facility will correct its error and contact you with the new results.
• In the interim, we encourage you to complete and return the Request for Review of Additional Information forms enclosed with your status letters.
• Also, if you disagree with the outcome of a review we encourage you to use all options available to you in Annex A:
  • If you believe we made an error in the review, please write us and let us know where the error may have occurred. We will revisit the information in your file and communicate to you the results of the Error Correction Review.
  • If you have new information to submit, please provide this information along with the Request for Review of Additional Information form. We will continue to review new information until your expiration deadline.
  • If the results of the additional reviews are unfavorable to you, you may request an Appeal to the Claims Administrator.
  • If the Claims Administrator determination is unfavorable to you, you may request an Appeal to the Appeals Judge.

• Sybil Niden Goldrich, tort claimant, Los Angeles
• Ernest Hornsby, Esq., Dothan, Alabama
• Dianna Pendleton-Dominguez, Esq., Houston, Texas