Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.
CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 2, No. 12, October 20, 2005
This is the 20th e-newsletter (Vol. 2, No. 12) 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 or to reply to this newsletter, send an email to:info@tortcomm.org Please do not hit "Reply" to this email address. Please use the email address: info@tortcomm.org.
NOTE: The CAC is happy to answer questions you may have, but we urge you to first contact the Claims Assistance Program at their toll free number (866-874-6099) or by email at: info@sfdct.com. We apologize for any delay on our part in returning phone calls and answering inquiries. Please know that we will work to respond to each inquiry.
1.MIAMI CLAIMANT MEETING CANCELLED!!
Because of approaching Hurricane Wilma, the claimant information meeting scheduled for Monday, October 24th in Miami has been CANCELLED.
2. PRODUCT ID ALERT: SETTLEMENT FACILITY RELEASES LIST
OF DOCTOR'S STATEMENTS SHOWING THEIR EXCLUSIVE USE
OF DOW CORNING BREAST IMPLANTS
Shortly before the Effective Date of the Dow Corning Plan of Reorganization (June 1, 2004), a new product ID protocol was added that allowed claimants to rely on a doctor's statement about his or her use of Dow Corning breast implants as their product ID provided that they could document that they were implanted by the doctor who wrote the statement. These are called "piggy back" affirmative statements because the protocol allows claimants to "piggy back" off of proof that someone else submitted. The protocol states:
The Settlement Facility is authorized to accept an affirmative affidavit or statement from a surgeon even if that affidavit was not written for the specific claimant if the affidavit or statement states unequivocally that the surgeon used only Dow Corning products during a defined period and if the Claimant seeking to use the affidavit submits credible medical records demonstrating that she had implantation surgery performed by the same surgeon during the specified time frame.
The Settlement Facility has prepared a list of doctor's statements in which they used Dow Corning breast implants exclusively.
From the SF-DCT: Surgeon Implant Usage
The SF-DCT is developing a list of physicians who have submitted acceptable affidavits or affirmative statements that show they used Dow Corning implants during certain years, in order to assist claimants who have been unable to establish the manufacturer of their implants.
If you submit medical records that show you had implant surgery performed by one of the physicians on this list, during the time frame(s) listed, you may submit these documents to the SF-DCT for consideration.
Medical records that may be considered include operative reports or operative physician notes. The SF-DCT may be able to consider other types of records. If records, other than an operative report or operative physician notes are submitted, we will need a statement from you that describes the steps taken to find the operative report or operative notes. We will also need copies of any records that connect you to the surgeon/physician during the specified time frame. Examples of other records that may identify who your surgeon was include, but are not limited to, cancelled checks, insurance claim letters, and hospital or day surgery admission forms.
The preparation of this list is an ongoing activity and the list can be updated at any time. We therefore recommend that you check frequently for changes. Please note that if conflicting information is found for any listed physician, the physician's name could be removed from the list.
The following are physicians who have submitted acceptable affirmative statements or affidavits that show they used Dow Corning Breast Implants during the time frame listed below.
SURGEON/PHYSICIAN NAME | LOCATION | TIME FRAME |
Yau, Dr. Victor K. | Burlington, NC | All years |
Beasley Jr, Dr. Gerald L. | Duncan, OK | All years |
Braurnam, Dr. Daniel | White Plains, NY | All years |
Bueno, Dr. Reuben A. | Bethesda, MD | All years |
Buffington, Dr. F.C. | Norman, OK | All years |
Bumagin, Dr. Michael S. | Fort Worth, TX | All years |
Cipcic, Dr. J.A. | Steubenville, OH | All years |
Comess, Dr. Morton | Phoenix, AZ | All years |
Craft, Dr. Jerome/Craft Surgical Center | West Palm Beach, FL | All years |
DeProphetis, Dr. Nino | Wallingford, PA | All years |
Dotson, Dr. Daniel A. | Graham, TX | All years |
Duffy, Dr. Michael M. | San Antonio, TX | All years |
Fromm, Dr. Harold E. | Rapid City, SD | All years |
Garcia, Dr. F.A. | Denver, CO | All years |
Gaska, Dr. Walter | Springfield, MO | All years |
Gilman Hospital | St. Mary's, GA | All years |
Griffiths, Dr. Cadvan O. | Los Angeles, CA | All years |
Hause, Dr. Dwight | Corpus Christi, TX | All years |
Herman, Dr. Steven | New York, NY | All years |
Hilbun, Dr. Glyn R. | Pascagoula, MS | All years |
Ibrahim, Dr. Kaissar S. | Raleigh, NC | All years |
Jatoi, Dr. Alimadad | Bedford, TX | All years |
Klein, Dr. Daniel | Brooklyn, NY | All years |
Lindsay, Dr. John F. | Fort Worth, TX | All years |
Maraist, Dr. Donald J. | Jefferson County, TX | All years |
McCarty, Dr. Gordon E. | Phillips County, AR | All years |
Montgomery, Dr. Wally | Paducah, KY | All years |
Peddy, Dr. Robert B. | Lakeland, FL | All years |
Pinkner, Dr. Lawrence D. | Owings Mills and Westminster, MD | All years |
Pullman, Dr. Norman K. | Wichita, KS | All years |
Robbins, Dr. Lawrence B. | Miami, FL | All years |
Rogers, Dr. Charles S. | Bay City, MI | All years |
Shaheen, Dr. Albert H. | Utica, NY | All years |
Sint Franciscus Gasthuis/Dr. J.M. Ramselaar & Dr. LNA Van Adrichem | The Netherlands | All years |
Stark, Dr. Richard B. | New York, NY | All years |
Thompson, Dr. R.V.S. | Cooma, Pambula, and Tura Beach, NSW Austalia | All years |
Wilson, Dr. John M. | Darlington, SC | All years |
Yarn, Dr. Charles | Atlanta, GA | All years |
Zeller, Dr. Frank | Winter Haven, FL | All years |
Zielinski, Dr. Victor | Sydney, NSW Australia | All years |
3. DEADLINES TO FILE CLAIMS
Please mark your calendar with the claim submission deadlines. Please note that most of these deadlines mean that your claim forms and materials must be received by the appropriate entity by the posted deadline. Please mail all forms early enough so that they are received by the deadline listed below. If your claim form is not received by the deadline listed below, you will not be permitted to file a claim later. For example, if you do not file a Rupture claim by June 1, 2006 but discover in 2008 that you have a rupture, your rupture claim will not be allowed. It will be denied.
Deadline Date |
Type of Deadline |
June 1, 2006 |
Rupture Claim submission deadline for Classes 5, 6.1 and 6.2 |
June 1, 2006 |
Silicone Material Claim submission deadline - Class 7. All claims for Disease or Expedited Release must be submitted by this date. The Fund will close permanently and no new claims will be allowed after this date. |
June 1, 2006 |
Covered Other Products submission deadline - Classes 9, 10.1 and 10.2. All claims for Expedited Release or a Medical Condition must be submitted by this date. The Fund will close permanently and no new claims will be allowed after this date. |
June 1, 2007 |
Expedited Release submission deadline - Classes 5, 6.1 and 6.2 |
June 2, 2014 |
Explant Claims submission deadline for Classes 5, 6.1 and 6.2 |
June 3, 2019 |
Disease Claim submission deadline for Classes 5, 6.1 and 6.2 |
Deficiency / Cure Deadlines
If you receive a Notification of Status letter from the Settlement Facility stating that you have a deficiency in your claim submission, please note that there are very short deadlines to cure most deficiencies. The deadlines are listed below:
Settlement Benefit |
Deadline to Cure Deficiency |
Proof of Manufacturer |
No deadline but your claim for Explant, Rupture, Medical Condition or Disease will not be reviewed until you first have acceptable proof of an eligible implant |
Explant |
6 months from date of Notification of Status letter |
Rupture |
6 months from date of Notification of Status letter |
Medical Condition (Classes 9, 10.1 and 10.2) |
6 months from date of Notification of Status letter |
Disease |
1 year from date of Notification of Status letter |
If you would like to read
prior CAC e-newsletters, they are available on the CAC website by clicking on
"Electronic Newsletter." We urge you to visit the CAC website ( www.tortcomm.org) on a regular basis to
download or view relevant documents and read updates and new information. To
contact the CAC, send an email to: info@tortcomm.org
or send a letter to the new Post Office Box address for the CAC at:
Claimants’ Advisory Committee
P.O. Box 665
St. Marys, Ohio 45885
This is a NEW P.O. Box
address for the CAC so please update your records.
Questions about the status of
your claim or a claim-specific question (i.e., when am I going to be paid, has
my claim been processed, etc.) should be directed to the Claims Assistance
Program at info@sfdct.com. Please do
not send these types of questions to the CAC because we are unable to answer
them. The CAC does not have access to individual claimant files and
information. When we receive inquiries such as this, we have to forward them
to the Claims Assistance Program for a response which delays the response.
NOTICE: This document is copyrighted. You are not
authorized to post it on any website without express, prior written permission
of the Claimants’ Advisory Committee.
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