Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.
CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 5, No. 6, June 27, 2008
This is the 46th e-newsletter (Vol. 5, No. 6) 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
Requests for copies of claim forms or inquiries about the status of a claim should be directed to the Settlement Facility at info@sfdct.com or 866-874-6099. The Claimants’ Advisory Committee does not have access to individual claimant files to answer these kinds of questions.
1. AMENDED ORDER ENTERED EXTENDING CURE DEADLINES FOR CERTAIN CLAIMANTS WITH DEFICIENT ANDS, SLE AND/OR ACTD CLAIMS
The court approved an Amended Agreed Order Mofidying Certain Final Disease Cure Deadlines (Docket #643) that extends the cure deadlines for certain claimants with deficient ANDS, SLE and/or ACTD claims as noted below:
ANDS Claims (Atypical Neurological Disease Syndrome) – claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for ANDS and it was deficient and whose cure deadline has or will run on or before February 1, 2009 must cure the deficiencies in their ANDS claim on or before February 2, 2009.
SLE Claims (Systemic Lupus Erythematosus) – claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for SLE and it was deficient and whose cure deadline has or will run on or before March 11, 2009 must cure the deficiencies in their SLE claim on or before March 12, 2009.
ACTD Claims (Atypical Connective Tissue Disease) – claimants who received a Notification of Status letter from the SF-DCT stating that the SF-DCT reviewed their claim for ACTD and it was deficient and whose cure deadline has or will run on or before April 12, 2009 must cure the deficiencies in their claim on or before April 13, 2009.
A copy of the Amended Agreed Order is available on the CAC website (www.tortcomm.org) under the left navigator tab entitled "Court Orders." If you have any questions about your cure deadline date, contact the Settlement Facility toll free at 866-874-6099 or by email at info@sfdct.com. Please include your SID number (the number that appears above the bar code on your mailing labels) in all correspondence with the Settlement Facility.
2. SETTLEMENT FACILITY TO RELEASE ADDITIONAL INFORMATION ON ANDS, SLE AND ACTD CLAIMS
As part of the Amended Agreed Order, the court has extended the following dates for the Settlement Facility to release information and guidelines on ANDS, SLE and ACTD claims:
August 1, 2008 – guidelines on ANDS claims will be disseminated;
September 12 – guidelines on SLE claims will be disseminated; and
October 13, 2008 – guidelines on ACTD claims will be disseminated.
Guidelines on other eligible diseases and conditions such as Scleroderma, General Connective Tissue Symptoms (GCTS), Primary Sjogren’s Syndrome, Mixed Connective Tissue Disease, Overlap Syndrome, Polymyositis and Dermatomyositis are currently available on the CAC website (www.tortcomm.org) under the left navigator tab entitled "Disease Claims."
3. CLAIMS ADMINISTRATOR UPDATE
The Claims Administrator recently provided the following update on the Settlement Facility website:
Claims Administrator's Desk
Last Updated: 06/16/2008 @ 8:59 AM
(1) As a reminder, checks are valid for only 180 days from the date on the check. The SF-DCT will automatically place a stop pay on all checks that are un-cashed after the check expiration date. If you have an un-cashed check that is more than 180 days past the check date, you will need to contact us in order to receive a new check.
(2) Documents that are submitted to the United States District Court are filed and will become public record. This means that anyone may be able to see the information you’ve submitted. Any information you do not want shared with the public should be redacted (removed) from the document prior to sending it in. Before filing, you may want to visit the website of the District Court for more information regarding privacy.
(3) The SF-DCT is pleased to announce that Option 1 Disease processing for Class 5 & 6 is now current. Unfortunately, Option II Disease processing continues to have a significant backlog mainly due to the complexities involved in reviewing these claims. We are continuing our efforts, through training and other methods, to enhance our Option II processing capabilities.
(4) If you have received a disease NOS letter, please remember to submit your documents prior to the cure deadline listed in your letter. Documents received after the applicable cure deadline will not be considered.
(5) Class 7 Proof of Manufacturer will be completed before the end of June 2008 and we will begin processing Class 7 disease claims after that. However, if your claim is approved, we cannot pay you until all Class 7 disease claims are reviewed and the one year deficiency cure deadline has expired. It may take two years or more to complete this process.
(6) It is very important that you keep the SF-DCT informed when you move. Failure to provide us with your new address can delay your claim processing, may cause your benefit check to be returned, or may prevent you from receiving a premium payment.
David Austern
4. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS
As of May 2008, the Settlement Facility has paid $1.018 billion dollars to claimants in the Dow Corning Settlement Fund. A breakdown of the payments by class and benefit type is listed below:
Cumulative Payments for All Classes (including NOI claims)
June 1, 2004 – May 31, 2008
|
CLASS |
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE PROGRAM |
EXPEDITED RELEASE |
DISEASE |
MEDICAL CONDITIONS in (CLASS 9/10) |
OTHER PRODUCTS PREMIUM PAYMENT |
TOTAL |
Class 5 |
$402,030,832.91 |
$132,959,112.01 |
N/A |
$2,616,141.10 |
$29,322,192.23 |
$389,997,768.01 |
N/A |
N/A |
$956,926,046..26 |
Class 6.1 |
$ 11,974,350.51 |
$ 3,778,179.80 |
N/A |
$ 9,000.00 |
$ 2,341,592.01 |
$ 3,256,618.48 |
N/A |
N/A |
$ 21,359,740.80 |
Class 6.2 |
$ 469,000.00 |
$ 56,000.00 |
$159,000 |
$ 0.00 |
$ 39,200.00 |
$ 171,500.00 |
N/A |
N/A |
$ 894,700.00 |
Class 6.2: 2 |
N/A |
N/A |
N/A |
N/A |
$ 75,600.00 |
N/A |
N/A |
N/A |
$ 75,600.00 |
Class 6.2: 3 |
N/A |
N/A |
N/A |
N/A |
$ 57,600.00 |
N/A |
N/A |
N/A |
$ 57,600.00 |
Class 7 |
N/A |
N/A |
N/A |
N/A |
$19,840,220.00 |
N/A |
N/A |
N/A |
$ 19,840,220.00 |
Class 9 |
$ 125,000.00 |
N/A |
N/A |
N/A |
$ 1,672,145.10 |
N/A |
$2,675,000 |
$13,262,500 |
$ 17,734.645.10 |
Class 10.1/2 |
$ 6,000.00 |
N/A |
N/A |
N/A |
$ 136,300.00 |
N/A |
$ 198,000 |
$ 933,000 |
$ 1,273,300.00 |
Total |
$414,605,183.42 |
$136,793,291.81 |
$159,000 |
$2,625,141.10 |
$53,484,849.34 |
$393,425,886.49 |
$2,873,000 |
$14,195,500 |
$1,018,161,852.16 |
Cumulative Number of Claims Paid (including NOI claims)
June 1, 2004 – May 31, 2008
|
CLASS |
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE PROGRAM |
EXPEDITED RELEASE |
DISEASE |
MEDICAL CONDITIONS (CLASS 9/10) |
OTHER PRODUCTS PREMIUM |
TOTAL |
Class 5 |
20,576 |
26,856 |
N/A |
526 |
14,817 |
21,291 |
N/A |
N/A |
84,066 |
Class 6.1 |
1,004 |
1,275 |
N/A |
3 |
1,958 |
338 |
N/A |
N/A |
4,578 |
Class 6.2 |
67 |
32 |
53 |
0 |
56 |
36 |
N/A |
N/A |
244 |
Class 6.2: 2 |
N/A |
N/A |
N/A |
N/A |
63 |
N/A |
N/A |
N/A |
63 |
Class 6.2: 3 |
N/A |
N/A |
N/A |
N/A |
96 |
N/A |
N/A |
N/A |
96 |
Class 7 |
N/A |
N/A |
N/A |
N/A |
11,793 |
0 |
N/A |
N/A |
11,793 |
Class 9 |
25 |
N/A |
N/A |
N/A |
1,673 |
N/A |
448 |
467 |
2,613 |
Class 10.1/2 |
2 |
N/A |
N/A |
N/A |
228 |
N/A |
59 |
58 |
347 |
Total |
21,674 |
28,163 |
53 |
529 |
30,684 |
21,665 |
507 |
525 |
103,800 |
Through May 31, 2008, the SF-DCT has received 75,226 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 61,723 or 82.05% have acceptable proof of at least one Dow Corning breast implant. Of the 61,723 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 20,912 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
CLASS 5, 6.1 AND 6.2 (EXCLUSIVE OF NOI PAYMENTS) (DOW CORNING BREAST IMPLANT CLAIMS) |
CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH MAY 31, 2008 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH MAY 31, 2008 |
RUPTURE |
20,912 |
71% | 46% |
$ 407,091,383.42 |
EXPLANT |
27,252 |
99% | 95% |
$ 132,291,424.11 |
EXPLANT ASSISTANCE |
525 |
88% | 50% |
$ 2,605,141.10 |
INCREASED EXPLANT (6.2 ONLY) |
53 |
N/A | 92% |
$ 159,000.00 |
EXPEDITED RELEASE |
16,990 |
90% | 78% |
$ 31,836,184.24 |
DISEASE OPTION 1 |
21,022 |
82% | 48% |
$ 311,472,523.62 |
DISEASE OPTION 2 |
643 |
19% | 7% |
$ 81,953,362.87 |
TOTAL |
87,397 |
N/A |
$ 967,409,019.36 |
Class 7 – Silicone Gel Material Claims
Approximately 13,571 claimants in Class 7 – Silicone Gel Material Claims – have been approved for either an Expedited Release Payment ($600) or a Disease Cash-Out Offer ($3,000). Total payments to date from the Class 7 Fund are approximately $19 million. The total fund is $57.5 million NPV. As Proof of Manufacturer (POM) claims are approved, the Settlement Facility will send either the Class 7 Expedited Release Payment to eligible claimants who selected this option or a Disease Cash-Out Offer to claimants who selected the disease review. There are approximately 2,556 Proof of Manufacturer files pending review (mostly in Class 6.2), and 1,093 Disease claims pending review, mostly in Disease Option 1.
Class 7 – Silicone Gel Material Claims |
# Class 7 Forms Filed |
54,717 |
# of claims that are NOT eligible based on POM review |
36,730 |
Foreign Gel Claims Approved & Paid $600 |
674 |
Expedited Release Claims Approved & Paid $600 |
6,299 |
# of Disease Cash-Out Offers of $3,000 |
6,598 |
TOTAL # OF PAYMENTS OR CASH-OUT OFFERS |
13,571 |
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
11,793 |
TOTAL AMT PAID as of May 31, 2008 |
$19,840,220 |
Update on NOI Claims Review
CLASS 5, 6.1 AND 6.2 |
|
TOTAL FORMS FILED |
FORMS FILED WITH POM |
ACCEPTABLE POM |
APPROVED |
COMPLETE |
# CLAIMS PAID |
TOTAL AMT PAID |
RUPTURE |
1854 |
1818 |
1208 |
779 |
1,186 |
6735 |
$7,382,800 |
MEDICALLY CONTRAINDICATED |
14 |
14 |
11 |
N/A |
8 |
0 |
N/A |
EXPLANT |
1378 |
1362 |
1138 |
969 |
1,120 |
911 |
$4,501,868 |
INCREASED EXPLANT |
111 |
111 |
1 |
N/A |
N/A |
0 |
N/A |
EAP |
316 |
309 |
244 |
4 |
11 |
4 |
$20,000 |
TOTALS |
3,674 |
3,614 |
2,602 |
1,752 |
2,325 |
1,650 |
$11,904,668 |
Reminder: The deadline for NOI claimants (and NOI claimants only) to file a claim for Explant and/or Rupture is October 20, 2008. We urge NOI claimants to submit their forms and documents for Explant and Rupture as soon as possible.
5. NEW LIST OF DOCTORS WHO HAVE SUBMITTED ACCEPTABLE AFFIDAVITS OR AFFIRMATIVE STATEMENTS OF EXCLUSIVE DOW CORNING IMPLANT USAGE DURING CERTAIN YEARS
The Settlement Facility released a new list on June 24, 2008 of physicians who have submitted acceptable affidavits or affirmative statements of exclusive Dow Corning implant usage during certain years. If you submit medical records that show you had implant surgery performed by one of the physicians on the list during the time frame listed on the chart, then you may submit these documents in support of your Proof of Manufacturer.
The new list of affirmative statements is posted on the CAC website (www.tortcomm.org) under the left navigator tab entitled "Product Identification..".
6. URGENT REMINDER OF DEADLINES IN JULY AND AUGUST 2008
JULY 21, 2008 – This is the deadline for "Eligible Late Claimants" to file a claim for Class 7 (Silicone Gel Claim) or Class 9/10 (Covered Dow Corning Other Products). This deadline only applies to Eligible Late Claimants. If you have any questions about whether this deadline applies to you, call the Settlement Facility at its toll free number: 866-874-6099 or contact them by email at: info@sfdct.com.
AUGUST 1, 2008 – This is the deadline for timely Class 9 and 10 claimants (Covered Dow Corning Other Products) to submit documents to cure their deficiencies in their Proof of Manufacture submissions. If you do not cure your Class 9 or 10 Proof of Manufacturer submission by this date, your claim in Class 9 / 10 will be permanently denied.
AUGUST 18, 2008 - This is the date for certain claimants who previously filed a claim for Systemic Sclerosis (Scleroderma) that was reviewed by the SF-DCT and found deficient and who have a cure deadline of August 17, 2008 or earlier to submit documents to cure the deficiencies in their Systemic Sclerosis (Scleroderma) claims.
7. OTHER DEADLINE REMINDERS!
Please mark your calendar with the following claim submission deadlines. Note that different deadlines apply to Notice of Intent (NOI) Claimants and Late Claimants. Please note that most of these deadlines mean that your claim forms and materials must be received by the SF-DCT 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.
Deadline Date |
Type of 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 1, 2008 |
Deadline for Other Product Claimants to submit documents to cure any deficiencies in their Proof of Manufacturer. |
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 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 3, 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) |
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 Neurological Disease Syndrome (ANDS) (consult the SF-DCT about your specific cure deadline) |
March 12, 2009 |
Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline) |
April 13, 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) |
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 Post Office Box address for the CAC at:
Claimants’ Advisory Committee
P.O. Box 665
St. Marys, Ohio 45885
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.
|