CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 6, No. 8, July 29, 2009

Contact the CAC at: info@tortcomm.org or

by phone at: (419) 394-0717

Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.

This is the 62nd e-newsletter (Vol. 6, No. 8) from the Claimants' Advisory Committee (CAC) in the Dow Corning bankruptcy Settlement Plan. You were sent a copy of the newsletter because our records show that you requested to be on the mailing list. If you wish to unsubscribe, click here 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. UPDATE ON APPEALS ON DISABILITY A AND TISSUE EXPANDER ORDERS

In our last newsletter, we reported that Dow Corning had filed Notices of Appeal for the June 10, 2009 Orders regarding Disability A "and/or" issue and the issue of whether tissue expanders are "breast implants" as defined by the Plan. The appeals are now pending before the U.S. Court of Appeals for the 6^th Circuit. Consistent with the local rules of the 6^th Circuit Court, the parties will participate in a mandatory mediation conference next week and, if the mediation is not successful, then the Court will set a briefing schedule. We will post all updates about this to our website.

Dow Corning also filed a Motion to Stay implementation of both Orders pending the outcome of the appeals. The CAC filed its response and Dow Corning subsequently filed its Reply. A copy of all pleadings are available on the CAC's website.

2. STATUS OF CLAIMS PROCESSING FOR FIRST REVIEW AND RE-REVIEW (RAI'S) in CLASS 5 (DOW CORNING BREAST IMPLANT CLAIMANTS IN THE U.S.)

The Claims Administrator recently reported to the parties and the court that as of June 15^th, the SF-DCT has the following backlogs in claims processing:

Disease Option 1 - 230 claims pending first review in Class 5 and 674 claims pending re-review. Most of the backlog in re-reviews are because of the July 9, 2009 cure deadline for certain ACTD claimants.

Disease Option 2 - 263 claims pending first review in Class 5 and 151 claims pending re-review.

The SF-DCT has concentrated on bringing the re-review backlog more current in the past several months which may have caused a larger than normal backlog in processing Disease Option 1 claims. The CAC supports this effort and believes that it is crucial that re-reviews have no more than a 30-60 day delay so that claimants can have adequate time to fix problems in their claims before their cure deadline expires.

3. UPDATE REGARDING PREMIUM PAYMENTS

The Independent Assessor - who is charged with making recommendations regarding the adequacy of assets to make Premium Payments - issued an update for the fourth quarter of 2008. It states:

The Independent Assessor of the Settlement Facility - Dow Corning Trust (SF-DCT) reviewed the liabilities and assets of the facility as of the end of the fourth quarter of 2008 and estimated that the facility would remain solvent under each of a range of liability and asset assumptions tested. Until patterns of filing and claims acceptance become more certain, use of the current estimates for the purpose of determining whether premium payments can be made is premature.

The CAC is continuing our efforts with the Finance Committee to have them recommend payment of Premium Payments to the District Court. The Settlement Plan requires that the Finance Committee (not the CAC) make this recommendation. We do not have any further information on when Premium Payments will be made but we will continue to post any updates to our website.

4. SF-DCT TO CONDUCT A SAMPLE MAILING

The Settlement Facility mailed out over 7,000 letters today (2,000 to law firms/attorneys and 5,000 to claimants) to verify mailing addresses for claimants and attorneys from whom the SF-DCT had not heard in the last 9 months. Each year, hundreds of letters, checks and other correspondence from the SF-DCT to claimants and attorneys is returned as undeliverable because the claimant or attorney has moved and has not provided a current address. It is extremely important to keep your contact information current with the SF-DCT. To send in a change of address, simply write a letter and mail it to the SF-DCT at: P.O. Box 52429, Houston, TX 77052-2429.

5. SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.110 BILLION

As of Jun 30, 2009, the Settlement Facility - Dow Corning Trust reports that it has issued checks to claimants in the Dow Corning Settlement Fund totalling approximately $1.110 billion dollars.

Classes 5, 6.1 and 6.2 - Dow Corning Breast Implant Claimants

As a result of the increased focus on bringing re-reviews more current, the SF-DCT issued over $7 million in payments to Claimants in Classes 5 and 6 during the month of June, of which over $6 million consisted of disease payments.

To date, checks totalling approximately $431.917 million have been issued to 22,325 approved rupture claimants.

Checks totalling $139.5 million have been issued to 28,786 claimants for an approved Explant claim, and another $462,000 has been paid to 154 claimants in Class 6.2 who elected the Increased Explant Payment. Approximately $2.9 million has been paid to 588 claimants in the Explant Assistance Program for explantation.

Approximately 24,265 approved disease claimants have been issued checks totalling approximately $460.968 million. In addition, the SF-DCT has issued 32,704 checks totalling $56.448 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 43% for Class 6.2.

A breakdown of the payments made from June 1, 2004 through June 30, 2009 by class and benefit type is listed below:

Cumulative Payments to All Classes (including NOI claims)

June 1, 2004 - June 30, 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

$417,514,388.66

$135,355,692.09

n/a

$2,900,887.10

$31,047,671.89

$455,917,022.76

n/a

$1,042,735,662.52

Class 6.1

$ 13,065,750.51

$ 4,038,362.44

n/a

$ 9,000.00

$ 2,535,618.51

$ 4,696,618.48

n/a

$ 24,345,349.94

Class 6.2

$ 1,337,000.00

$ 108,500.00

$462,000.00

$ 0.00

$ 47,600.00

$ 355,250.00

n/a

$ 2,310,350.00

Class 6.2: 2

n/a

$ 86,900.00

n/a

$ 86,900.00

Class 6.2: 3

n/a

$ 129,000.00

n/a

$ 129,000.00

Class 7

n/a

$20,701,329.01

n/a

$ 20,701,329.01

Class 9

$ 125,000.00

n/a

$ 1,749,145.10

n/a

$2,850,000

$14,057,500

$ 18,781,645.10

Class 10.1/2

$ 6,000.00

n/a

$ 151,050.00

n/a

$ 216,625

$ 1,035,875

$ 1,409,550.00

Total

$432,048,139.17

$139,502,554.53

$462,000.00

$2,909,887.10

$56,448,314.51

$460,968,891.26

$3,066,625

$15,093,375

$1,110,499,786.57

Class 7 - Silicone Gel Material Claims

Disease Cash-Out Offers: A total of 7,352 claimants in Class 7 have been sent the $3,000 Disease Cash-Out offer. Of this number, 78% have cashed the check and accepted the payment, 16% have returned the check and asked for a full disease review, and 6% 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 (859) and, of this number, 666 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.

The total payout of cashed checks from the capped $57.5 million NPV fund through June 30, 2009 is $20,701,329.01.

*Class 7 - Silicone Gel Material Claims*
# Class 7 Forms Filed	54,720
# of claims that are NOT eligible based on POM review	8,339
# of claims that failed marshalling	29,090
Foreign Gel Claims Approved & Paid $600	624
Expedited Release Claims Approved & Paid $600	6,965
# of Disease Cash-Out Offers of $3,000	7,352
TOTAL PAYMENTS OR CASH-OUT OFFERS	14,941
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer)	12,511
TOTAL AMT PAID as of 6-30-09	$20,701,329.01

Notice of Intent (NOI) Claims Processing

The Settlement Facility has paid a total of $24,025,250 in Explant and Rupture payments to Notice of Intent (NOI) claimants. The SF-DCT is current in processing Proof of Manufacturer, Explant and Rupture claims for NOI claimants.

Type of Claim	Total Claims Paid	Amount
Rupture	942	$18,805,850.00
Explant	1,010	$ 5,039,200.00
Explant Assistance Program	36	$ 180,200.00
Total	1,988	$24,025,250.00

5. DEADINE 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
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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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

Phone Number: (419) 394-0717

Fax Number: (419) 394-1748

Email: info@tortcomm.org

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.