CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 6, No. 3, March 25, 2009
Sybil Niden Goldrich
Ernest Hornsby, Esq.
Dianna Pendleton-Dominguez, Esq.
This is the 57th e-newsletter (Vol. 6, No. 3) 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. URGENT REMINDERS FOR FINAL CURE DEADLINES FOR CERTAIN SLE AND ACTD 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.
2. STATUS OF CLAIMS PROCESSING
Explant Claims (Classes 5, 6.1 and 6.2 only) - claims processing is current. The deadline to submit an Explant claim for most claimants is June 2, 2014. (NOI claimants and Settling Late Claimants had a different deadline to submit their Explant claim, and that deadline has now expired.)
Rupture Claims (Classes 5, 6.1 and 6.2 only) - claims processing is current. The Rupture deadline has passed for all claimants. No new Rupture claims are allowed.
Disease Option 1: The Claims Administrator reports that there is approximately a 2 month backlog to review new Disease Option 1 claims. The backlog for re-reviews (RAI's - reviewing additional information sent in by claimants to cure a deficiency) is approximately 1-2 months.
Disease Option 2: The Claims Administrator reports that there remains a significant backlog in reviewing new Disease Option 2 claims but that the SF-DCT has reduced this backlog by almost 150 claims. The largest backlog is in reviewing claims for GCTS and Lupus (SLE). There is also a significant backlog of approximately 7+ months to conduct re-reviews in Disease Option 2 claims.
The Claimants' Advisory Committee remains very concerned about the backlogs in Disease Option 2 processing and are continuing to work with the Claims Administrator to find ways to improve the processing time, particularly for re-reviews.
3. PROBATE ISSUES
Women who have or had a Dow Corning breast implant and submitted acceptable Proof of Manufacturer to the SF-DCT are eligible to receive compensation from the SF-DCT even though they have passed away. Legal representatives or Executors of the deceased claimant should notify the SF-DCT of the claimant's death, and the SF-DCT will inform you of the necessary papers you must submit to them to receive the claimant's compensation. Contact the SF-DCT toll free at 1-866-874-6099 or by email at info@sfdct.com for more information.
4. TELEPHONE DIFFICULTIES AT SF-DCT
The SF-DCT experienced technical difficulties with their toll free number during certain days in March 2009. If you had trouble getting through to the SF-DCT, please try again. We are informed that the call volume at the SF-DCT has decreased in the past months so you should not have any difficulty getting through. We are also informed that there is virtually no wait time to speak with a representative at the SF-DCT if you have questions about your status and/or your claim.
5. PROCESSING FOR SETTLING LATE CLAIMANTS
The deadline for Settling Late Claimants to submit their forms and documents for processing was January 21, 2009. For those Settling Late Claimants who elected the Quick Pay Option or the Discounted Payment Option, these claims have been processed and are either paid or payment is in process at the SF-DCT.
Settling Late Claimants who elected the Full Payment Option will have their claims processed, as stated in the Agreed Order Allowing Late Claimants Limited Rights to Participate in the Plan's Settlement Facility, when the Claims Administrator determines that the SF-DCT has substantially completed processing the claims of timely NOI claims and timely Class 7 claims and that processing of such DCC Eligible Late Claimants will not impair or impede the processing of timely claims in general. We can report that the processing of timely NOI claims is largely complete, but timely Class 7 claims procesing is not complete. In addition, given the backlog in Disease Option 2 claims processing, it is not likely that Full Payment Option claims will be processed this year. We will update this information to inform you when processing has begun. Please note that this section applies only to Settling Late Claimants.
6. STALE CHECKS
We reported several months ago that approximately 973 approved award checks have not been cashed by claimants within 180 days of their issuance, totalling approximately $3.3. million. Checks that are not cashed within 180 days are stale and cannot be cashed any longer. These checks are voided by the SF-DCT. If you are holding such a check and would like to have the check re-issued, contact your attorney if you are represented or contact the SF-DCT at its toll-free number: 1-866-874-6099 or at info@sfdct.com. The problem applies to all classes of claimants, particularly Class 7 claimants (Silicone Gel Claims).
Other checks are stale because claimants and/or their attorneys have moved, and they did not provide a forwarding address to the SF-DCT. It is extremely important that all claimants and attorneys update their current contact information with the SF-DCT so that correspondence and payments can reach you. If you have changed your name and/or moved anytime in the past ten years and have not already updated your address with the SF-DCT, please contact them immediately at the address listed below and provide your current information.
SF-DCT
P.O. Box 54249
Houston, TX 77052-2429
Law firms must also update their clients' addresses with the SF-DCT or award checks will not be issued.
7. NEW LIST OF APPROVED AFFIRMATIVE STATEMENTS BY PHYSICIANS REGARDING THEIR EXCLUSIVE USE OF DOW CORNING BREAST IMPLANTS
As noted in previous e-newsletters, the Plan allows claimants to submit an affirmative statement by their implanting surgeon stating that (s)he exclusively used Dow Corning breast implants during certain years. As long as contradictory evidence is not submitted, the affirmative statement will be accepted for Proof of Manufacturer for Dow Corning.
Another Plan provision allows claimants to piggy back off the approved Affirmative Statement list if they submit proof that they were implanted by one of the doctors on the list during the years indicated below.
The SF-DCT issued an updated list of approved Affirmative Statements regarding Dow Corning breast implant usage on March 6, 2009 (see below):
SURGEON / PHYSICIAN NAME |
LOCATION |
TIME FRAME |
Adrichem, Dr. LNA Van |
The Netherlands |
1965 - 1991 |
Agris, Dr. Joseph |
Houston, TX |
1982 |
Allen, Dr. Thomas |
Little Rock, AR |
1967 - 1980 |
Altaney, Dr. Franklin |
Charlotte, NC |
1972 |
Anders, Dr. Christopher |
Woking,
Surrey |
1977 |
Arends, Dr. Norman J. |
Eastpointe, MI |
1966 - 1976 |
Arnold, Dr. J. Harold |
Greenville, SC |
1979 |
Au, Dr. Victor K. |
Burlington, NC |
All Years |
AZVU Facility |
Amsterdam |
1978 |
Bailey, Dr. Bruce |
Aylesbury,
Bucks |
All Years |
Banfield, Dr. Ernest |
Tacoma, WA |
1977 |
Bartlett, Dr. Sylvan |
Odessa, TX |
1981, 1983 |
Barton, Dr. Morris |
Phoenix, AZ |
1967- 1975 |
Beasley Jr, Dr. Gerald L. |
Duncan, OK |
All Years |
Beehan, Dr. Patrick |
Hamilton |
1985 - 1986 |
Beg, Dr. Saeed |
Irving, TX |
1981, 1983, 1986 |
Bell, Dr. Gordon |
Washington, D.C. |
1971 |
Berg, Dr. Elliot M. |
Baltimore, MD |
1964 - 1973 |
Biggs, Dr. Thomas |
Houston, TX |
1972 - 1973, 1977 - 1978, 1980 - 1983 |
Blake, Dr. Graeme |
Merivale,
Christchurch |
1979 - 1980, 1983 - 1984 |
Bloomenstein, Dr. Richard |
Englewood, NJ |
1969, 1972 |
Bowen, Dr. John |
London |
1974
- 1979 |
Broomhead, Dr. I. W. |
United Kingdom |
1977 |
Brown, Dr. Earl |
New Zealand |
1980 |
Brucker, Dr. Perry |
Fort Wayne, IN |
1968 |
Buffington, Dr. F.C. |
Norman, OK |
All Years |
Bumagin, Dr. Michael S. |
Fort Worth, TX |
All Years |
Bussey, Dr. Joseph G. |
Austell, GA |
1970 - 1982 |
Calcinai, Dr. Colin |
Wellington, New Zealand |
1976, 1981 |
Caplitz, Dr. I.W. |
Mukegon County, MI |
1968 |
Carrel, Dr. Jeffrey M. |
Buffalo, NY |
1970 - 1989 |
Ceber, Dr. Simon |
Kew, Victoria Australia |
1976 |
Church, Dr. James Escott |
New Zealand |
All Years |
Cipcic, Dr. J.A. |
Steubenville, OH |
All Years |
Clarendon, Dr. Colin C.D. |
Memphis, TN |
1972 - 1976 |
Clayton, Dr. James M. |
Provo, Utah |
1981 - 1990 |
Cochran, Dr. Thomas C. |
Boston, MA |
1972, 1978 |
Comess, Dr. Morton |
Phoenix, AZ |
All Years |
Constanza, Dr. Landelino |
Guatemala |
1977 |
Corbin, Dr. Frederic H. |
Brea, CA |
1984 - 1990 |
Craft, Dr. Jerome |
West Palm Beach, FL |
1975 - 1990 |
DeProphetis, Dr. Nino |
Wallingford, PA |
All Years |
Dibble, Dr. Wayne R. |
Haverhill, MA |
1980 - 1982 |
Dotson, Dr. Daniel A. |
Graham, TX |
All Years |
Dubin, Dr. Bruce |
Newport Beach, CA |
1986 - 1989 |
Duckett, Dr. James |
Oklahoma City, OK |
1966 - 1971 |
Duffy, Dr. Michael M. |
San Antonio, TX |
All Years |
Dyer, Dr. Peggy |
Baton Rouge, LA |
1975 - 1980 |
Easterly, James |
Winter Park, FL |
All Years |
El Sigai, Dr. Ahmed |
Germany |
1988 |
Elam, Dr. Michael |
Newport Beach, CA |
1978, 1982-1986 |
Estima, Dr. Antonio Costa |
Brazil |
1976 |
Ewalt, Dr. Donald H. |
El Paso, TX |
1967 - 1974 |
Finger, Dr. E. Ronald |
Savannah, GA |
1975 |
Florman, Dr. Larry D. |
Louisville, KY |
1974 - 1984 |
Foster, Dr. Lawrence |
South Lake Tahoe, CA |
1970 - 1974 |
Fowlow, Dr. W.A. |
Calgary, Alberta CANADA |
1972 - 1977, 1981 |
Frederickson, Dr. Eric Allan |
Hingham, MA |
1970 - 1985 |
Fromm, Dr. Harold E. |
Rapid City, SD |
All Years |
Gallagher, Dr. Pamela M. |
Mineola, NY |
1980, 1984, 1985 |
Garcia, Dr. F.A. |
Denver, CO |
All Years |
Garre, Dr. William C. |
Dallas, TX |
1972 |
Gaska, Dr. Walter |
Springfield, MO |
All Years |
Gaston, Dr. Erskin A. |
Dallas, TX |
1970 - 1979 |
Gilbert, Dr. Stephen |
New Zealand |
1983 - 1986 |
Gilman Hospital |
St. Mary's, GA |
All Years |
Given, Dr. Kenna |
Augusta, GA |
1978 |
Gorman, Dr. John B. |
Oxnard, CA |
1986 - 1987 |
Goulian, Dr. Dicran |
New York, NY |
1971 - 1975 |
Griffiths, Dr. Cadvan O. |
Los Angeles, CA |
All Years |
Gsell, Dr. F. |
Germany |
1970 - 1979 |
Guerra, Dr. Cesar H. |
Amarillo, TX |
1974 - 1979 |
Habal, Dr. Mutaz |
Tampa, FL |
1983 - 1985 |
Hackett, Dr. M.E.J. |
Essex |
1983 - 1988 |
Halbert, Dr. David S. |
Abilene, TX |
1975 - 1976 |
Harris, David L. |
United Kingdom |
1987 |
Hause, Dr. Dwight |
Corpus Christi, TX |
All Years |
Herman, Dr. Steven |
New York, NY |
Prior to 1981 |
Heycock, Dr. M.H. |
United Kingdom |
1974 - 1979 |
Hilbun, Dr. Glyn R. |
Pascagoula, MS |
All Years |
Hirsche, Dr. Blayne L. |
Provo, Utah |
1982 - 1990 |
Hirshowitz, Dr. Bernard |
Israel |
1971 and 1984 |
Hobby, Dr. J. A. E. |
Salsibury, United Kingdom |
1977, 1988 |
Howe, Dr. Robert E. |
Birmingham, AL |
1972 - 1978 |
Ibrahim, Dr. Kaissar S. |
Raleigh, NC |
All Years |
Illiescu, Dr. John |
Reno, Nevda |
1974 - 1979 |
Jackson, Dr. Ian T. |
United Kingdom |
1972 - 1979 |
Jatoi, Dr. Alimadad |
Bedford, TX |
All Years |
Kauffmann, Dr. Adolph F. |
Fort Worth, Texas |
1970 - 1974 |
Klein, Dr. Daniel |
Brooklyn, NY |
All Years |
Koire, Dr. Bernard |
Los Angeles, CA |
1968 - 1969 |
Kruggel, Dr. John |
San Diego, CA |
1968 - 1974 |
Kunze, Dr. Hans-Henning |
Germany |
1970 - 1979 |
Lamaker, Dr. J.H. |
Netherlands |
1970 - 1979 |
Lapin, Dr. Ronald |
Norwalk, CA |
1974 - 1979 |
Levin, Dr. Samuel |
South Africa |
1977 - 1985 |
Liechavicius, Dr. Nelson |
Brazil |
1978 |
Lindsay, Dr. John |
Fort Worth, TX |
1978 - 1984 |
Lovie, Dr. Maxwell J. |
New Zealand |
1968 - 1973 |
Lu, Dr. Milton M. |
Lancaster, PA |
1971 - 1974 |
Manchester, Dr. William M. |
New Zealand |
All Years |
Mansel, Dr. R.E. |
Wales, United Kingdom |
1980 - 1986, 1990 |
Maraist, Dr. Donald J. |
Jefferson County, TX |
All Years |
Marienhospital Stuttgart Hospital |
Germany |
1970 - 1992 |
Martin, Dr. Fred R. |
Tulsa, OK |
1979 - 1983 |
Martin, Dr. Mary M. |
Cincinnati, OH |
All Years |
Mauldin, Dr. Howard P. |
Oklahoma City, OK |
1977 |
McCarty, Dr. Gordon E. |
Phillips County, AR |
All Years |
McCurdy, Dr. William C. |
Norman, OK |
1982 - 1984 |
McCurdy, Dr. John A. |
Wailuku, Honolulu, Hi |
1983 - 1986 |
McDougall, Dr. Ian A. |
Australia |
1979, 1990 |
McKeon, Dr. James |
New Orleans, LA |
1973 |
Mehrotra, Dr. Onka |
New Zealand |
All Years |
Miliken, Dr. Thomas |
New Zealand |
All Years |
Millard-Henry Clinic |
Russellville, AR |
1977 - 1980 |
Mitts, Dr.Thomas F. |
Fresno, CA |
1988-1991 |
Montgomery, Dr. Wally |
Paducah, KY |
All Years |
Mountfort, Dr. Paul |
New Zealand |
1968 - 1985 |
Moyd, Dr. Pickens |
Hartsville, SC |
1975 - 1976 |
Nichol, Dr. Tom D. |
Louisville, KY |
1974 - 1980 |
Olivari, Dr. Neven |
Germany |
All Years |
Ozment, Dr. Kerry |
Little Rock, AR |
1970 - 1975 |
Pastseavouras, Dr. Louie |
Gtreensboro, NC |
1974 - 1979 |
Peddy, Dr. Robert B. |
Lakeland, FL |
All Years |
Pflugbeil, Dr. Ernst |
Germany |
1970 - 1975 |
Phillips, Dr. Curtis |
Jacksonville, FL |
1973 - 1980 |
Pilnet, Dr. Frank |
St. Paul, MN |
1973 - 1975 |
Pinkner, Dr. Lawrence D. |
Owings Mills and Westminster, MD |
All Years |
Pullman, Dr. Norman K. |
Wichita, KS |
All Years |
Quiroz, Dr. Alejandro |
San Deigo, CA |
1991 |
Ramselaar, Dr. J.M. |
The Netherlands |
1976 - 1991 |
Rappaport, Dr. Irving |
Tustin, CA |
1970, 1978 |
Reid, Dr. William Henry |
Glascow, United Kingdom |
1974 - 1984 |
Robbins, Dr. Lawrence B. |
Miami, FL |
All Years |
Robinson, Dr. O. Gordon |
Birmingham, Alabama |
to 12/31/1973 |
Rogers, Dr. Charles S. |
Bay City, MI |
All Years |
Rossell, Dr. Enrique |
Guatemala |
1975 - 1978 |
Rygiel, Dr. Witold |
Lake Havasu City, AZ |
1974 - 1985 |
Schultz, Dr. K.D. |
Germany |
1976, 1979 |
Schwartz, Dr. Ralph |
Livonia, MI |
1974 |
Shaheen, Dr. Albert H. |
Utica, NY |
All Years |
Shepard, Dr. Glen |
Newport News, VA |
1973
- 1974 |
Sherman, Dr. Stanley |
Aventura, FL |
1975, 1981, 1985 |
Simon, Dr. Duncan |
New Zealand |
1972 - 1987 |
Simpson, Dr. John |
Wellington, New Zealand |
1989 - 1991 |
Sint Franciscus Gasthuis (facility) |
The Netherlands |
1965 - 1991 |
Slater, Dr. Paul |
Cheyenne, WY |
1979 |
Smith, Dr. Burwell R. |
Charleston, SC |
1977 - 1980 |
Sommerlad, Dr. Brian C. |
Essex |
1985 |
Spira, Dr. Melvin |
Houston, TX |
1972
, 1974 - 1982, |
St. Antonius Hospital |
Amsterdam, Netherlands |
1973, 1976, 1979 - 1980, 1982 - 1984 |
Stark, Dr. Richard B. |
New York, NY |
All Years |
Stillwell, Dr. James |
Tacoma, WA |
1977 |
Terino, Dr. Edward |
Thosand Oaks, CA |
1970 |
Thompson, Dr. R.V.S. |
Cooma,
Pambula, and Tura Beach, |
All Years |
Tombini, Dr. Sergio |
LaGuna Niguel, CA |
1973 |
Trusler, Dr. H. Marshall |
Carmel, IN |
1975 - 1978 |
Uebel, Dr. Carlos |
Porto
Alegre |
1986 - 1989 |
University Of Texas Medical Branch at Galveston |
Galveston, TX |
1969 - 1975 |
Vincent, Dr. John Robert |
Memphis, TN |
1968 - 1974 |
Walker, Dr. Peter |
New Zealand |
1985 - 1986 |
Wallace, Anthony F. |
Essex |
All Years |
Ward, Dr. Christopher M. |
London |
1979 - 1985 |
Weatherly, Dr. Weatherly-White |
Denver, CO |
1968 - 1975 |
Weiner, Daniel |
New York, NY |
1990 - 1/1/1992 |
Wilhelmsen, Dr. Hans |
Baltimore, MD |
1970 - 1972, 1974 |
Wilkinson, Dr. Tolbert S. |
San Antonio, Texas |
1972 - 1973 |
Williams, Dr. John |
New Zealand |
1972, 1975, 1977, 1979-1980, 1990 |
Williams, Dr. John E. |
Beverly Hills, CA |
1965 - 1970 |
Wilson, Dr. H Keith Forbes |
New Zealand |
1972, 1980 - 1984 |
Wilson, Dr. John M. |
Darlington, SC |
All Years |
Wood, Dr. W. Graham |
Clarksville, AR |
1988 |
Wood, Dr. W. Graham |
Newport Beach, CA |
1991 |
Worthern, Dr. Eugene |
Monroe, LA |
1965 - 1980 |
Wynn-Williams, Dr. David |
Nottingham |
1968, 1974, 1976 |
Yarn, Dr. Charles |
Atlanta, GA |
All Years |
Zahorsky, Dr. Carroll |
Overland Park, KS |
1971 |
Zeller, Dr. Frank |
Winter Haven, FL |
All Years |
Zielinski, Dr. Victor |
Sydney |
All Years |
Zufi, Dr. David |
Coral Gables, FL |
1974 - 1975, 1983 |
8. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.079 BILLION
As of February 28, 2009, the Settlement Facility - Dow Corning Trust reports that it has issued checks to claimants in the Dow Corning Settlement Fund totalling approximatly $1.079 billion dollars.
Classes 5, 6.1 and 6.2 - Dow Corning Breast Implant Claimants
Checks totalling approximately $429.9 million have been issued to 22,139 approved rupture claimants.
Checks totalling $138.7 million have been issued to 28,592 claimants for an approved Explant claim, and another $207,000 has been paid to 69 claimants in Class 6.2 who elected the Increased Explant Payment. Approximately $2.9 million has been paid to 579 claimants in the Explant Assistance Program for explantation.
Approximately 23,301 approved disease claimants have been issued checks totalling approximately $434.2 million. In addition, the SF-DCT has issued 31,301 checks totalling $55.2 million for Expedited Release.
The approval rate for Proof of Manufacturer (POM) for claimants who passed the pre-screening process (i.e., eligibility to participate in the settlement) remains at 90% for Dow Corning breast implant claims in Class 5, 78% for Class 6.1, and 42% for Class 6.2.
A breakdown of the payments made from June 1, 2004 through February 28, 2009 by class and benefit type is listed below:
Cumulative Payments to All Classes (including NOI claims)
June 1, 2004 - February 28, 2009
Class |
Rupture |
Explant |
Increased Explant |
Explant Assistance Program |
Expedited Release |
Disease |
Medical Conditions in Class 9/10 |
Other Products Premium Payment |
Total |
Class 5 |
$416,316,048.66 |
$134,591,392.09 |
n/a |
$2,856,341.10 |
$30,467,021.89 |
$429,940,771.50 |
n/a |
n/a |
$1,014,171,574.89 |
Class 6.1 |
$ 12,778,950.51 |
$ 3,955,058.66 |
n/a |
$ 9,000.00 |
$ 2,475,288.51 |
$ 4,051,618.48 |
n/a |
n/a |
$ 23,269,916.16 |
Class 6.2 |
$ 682,500.00 |
$ 106,500.00 |
$207,000 |
$ 0.00 |
$ 46,200.00 |
$ 246,750.00 |
n/a |
n/a |
$ 1,288,950.00 |
Class 6.2: 2 |
n/a |
n/a |
n/a |
n/a |
$ 82,100.00 |
n/a |
n/a |
n/a |
$ 82,100.00 |
Class 6.2: 3 |
n/a |
n/a |
n/a |
n/a |
$ 123,600.00 |
n/a |
n/a |
n/a |
$ 123,600.00 |
Class 7 |
n/a |
n/a |
n/a |
n/a |
$20,125,676.67 |
n/a |
n/a |
n/a |
$ 20,125,676.67 |
Class 9 |
$ 125,000.00 |
n/a |
n/a |
n/a |
$ 1,734,145.10 |
n/a |
$2,827,500 |
$14,057,500 |
$ 18,744,145.10 |
Class 10.1/2 |
$ 6,000.00 |
n/a |
n/a |
n/a |
$ 148,900.00 |
n/a |
$ 213,625 |
$ 1,035,875 |
$ 1,404,400.00 |
Total |
$429,908,499.17 |
$138,652,950.75 |
$207,000 |
$2,865,341.10 |
$55,202,932.17 |
$434,239,139.53 |
$3,041,125 |
$15,093,375 |
$1,079,210,362.82 |
Class 7 - Silicone Gel Material Claims
Disease Cash-Out Offers: A total of 7,211 claimants in Class 7 have been sent the $3,000 Disease Cash-Out offer. Of this number, 77% have cashed the check and accepted the payment, 16% have returned the check and asked for a full disease review, and 7% are pending (they have not cashed the check or returned it to the SF-DCT). Most of the claimants who rejected the offer have applied for a Disease Option 1 claim (840) and, of this number, 640 reviews have been completed. No claims in Disease Option 2 for Class 7 have been reviewed. The Settlement Facility has begun issuing Notification of Status letters; however, no Class 7 disease claims can be paid until all disease claims have been reviewed and the one-year time deadline to cure deficiencies has expired. This will take at least another year or more to complete.
The total payout of cashed checks from the capped $57.5 million NPV fund through February 28, 2009 is $20,125,676.67.
Class 7 - Silicone Gel Material Claims |
|
# Class 7 Forms Filed |
54,700 |
# of claims that are NOT eligible based on POM review |
8,411 |
# of claims that failed marshalling |
29,046 |
Foreign Gel Claims Approved & Paid $600 |
616 |
Expedited Release Claims Approved & Paid $600 |
6,826 |
# of Disease Cash-Out Offers of $3,000 |
7,211 |
TOTAL PAYMENTS OR CASH-OUT OFFERS |
14,653 |
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
12,177 |
TOTAL AMT PAID as of 2-28-09 |
$20,125,676.67 |
Notice of Intent (NOI) Claims Processing
The Settlement Facility has paid a total of $23,748,200 in Explant and Rupture payments to Notice of Intent (NOI) claimants, including the second installment on approved Rupture claims. The SF-DCT is continuing to process and pay these claims.
Type of Claim |
Total Claims Paid |
Amount |
Rupture |
931 |
$18,563,800 |
Explant |
1,004 |
$ 5,009,200 |
Explant Assistance Program |
36 |
$ 175,200 |
Total |
1,971 |
$23,748,200 |
9. 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 |
May 4, 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) |
July 9, 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) |
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Claimants' Advisory Committee
P.O. Box 665
St. Marys, Ohio 45885
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