CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 7, No. 3, April 28, 2010

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

 

 

Sybil Niden Goldrich

Ernest Hornsby, Esq

Dianna Pendleton-Dominguez, Esq.

 

This is the 71st e-newsletter (Vol. 7, 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, 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. STATUS OF APPEALS ON TISSUE EXPANDERS AND DISABILITY A

 

The Court of Appeals for the 6^th Circuit has set both appeals (tissue expanders and Disability A) for oral argument on June 10, 2010.

 

 

2. "TIME VALUE CREDIT" MOTION FILED BY DOW CORNING

 

The issue of whether Dow Corning is entitled to a credit for certain payments it was obligated to make to the Settlement Trust is fully briefed. The CAC disputes that Dow Corning is entitled to this credit. Copies of the briefs are available on the CAC website. The Court heard oral argument on this motion on March 11^th.

 

Other Motions: The following motions remain pending before the District Court: CAC Motion challenging the validity of the "releases" Dow Corning obtained in 1992-1995; CAC Motion requesting an extension of the June 1, 2007 rupture deadline; and the CAC Motion regarding expert rupture reports to establish acceptable proof of rupture.

 

 

3. PREMIUM PAYMENT STATUS

 

We are continuing our efforts to have Premium Payments authorized to Dow Corning Breast Implant Claimants who have approved Rupture and/or Disease claims. We understand that this issue is of the highest importance to claimants, and we remain committed to our goal of having Premium Payments authorized. Currently, the CAC is working on a schedule for the parties to meet and confer with the Finance Committee and Independent Assessor to determine if a recommendation for making Premium Payments, in whole or in part, will be made to the Court this year. We will not know whether a recommendation will be made until late this fall (October - December). According to the terms of the Plan, only the Finance Committee (not the CAC) can make a recommendation to the Court to allow Premium Payments.

 

We will update you with any developments on this issue in our newsletters and website.

 

 

4.     DISEASE CLAIMS

 

a) FILING A DISEASE CLAIM IF YOUR DISEASE CLAIM WAS PREVIOUSLY DENIED. Claimants who did not cure their disease claim by the cure deadline cannot apply for that same disease in the future. For example, if a claimant filed a claim for ACTD and was denied, she cannot apply for ACTD in the future. She can, however, apply for a new compensable condition that manifested after the conclusion of her cure deadline. In the above example, the claimant would be able to file for Systemic Lupus Erythematosus (SLE) in Disease Option 1 or 2 if she was diagnosed with SLE after her cure deadline expired.

 

Several people have asked us the following question: Q. If a claimant had a Disease Option 1 claim and it was denied, is she limited to applying for a future disease claim only in Disease Option 1? A. No. She can apply for a Disease Option 2 claim in the future as long as it is not the same disease claim the claimant previously submitted and is based on a new compensable condition.

 

b)      CLAIM FORM ISSUE. The Disease Claim Form asks claimants to select one disease for the SF-DCT to evaluate. The CAC has learned that some claimants have selected more than one disease and others have not selected any disease at all (the form has no boxes checked for the disease the claimant is seeking a review for). The SF-DCT will not process or review the disease claim unless you select one disease. The SF-DCT has written to claimants who did not select a disease or who selected more than one disease and asked them to submit a corrected form, but over 100 claimants have not responded to these letters. IF YOU ARE ONE OF THESE CLAIMANTS, YOUR CLAIM WILL NOT BE REVIEWED UNLESS YOU SUBMIT A CORRECTED CLAIM FORM.

 

c)      SIGN YOUR CLAIM FORM. All claim forms must be signed. If it is not, the SF-DCT will not process or review your claim.

 

 

5. SETTLEMENT FACILITY - DOW CORNING TRUST UPDATE

 

Update on Disease Processing Status -The SF-DCT is current in reviewing new Disease Option 1 claims in Classes 5 and 6 (Dow Corning Breast Implant Claimants).

 

The SF-DCT is also current in reviewing Disease Option 2 claims.

 

The SF-DCT is now reviewing Class 7 disease claims and hopes to complete this review in 2010.

 

On March 3, 2010, the SF-DCT issued the following Class 7 processing update:

 

a)      The SF-DCT will perform an ACTD discretionary review, if applicable, at the same time the Disease Option 2 claim is reviewed. (This means that if you applied for a Disease Option 2 claim but have one or more deficiencies in that claim, the SF-DCT will inform you of those deficiencies and they will also review your claim to determine if you qualify for ACTD.

b)      All Quality Management matters will be addressed either in the Notification of Status letters or in a separate notice sent with the Notification of Status letter.

c)      Once you select a payment option or are approved for a Class 7 disease, you cannot change the election or return the check.

d)     Expedited Review claimants cannot return a check and ask for a Disease review.

 

 

6.     SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.177 BILLION

 

The Settlement Facility has released information about the status of claims processing and payments through MARCH 31, 2010, The information is summarized below:

 

Through MARCH 31, 2010, the SF-DCT has received 75,748 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 64,065 or 84.58% have acceptable proof of at least one Dow Corning breast implant. Of the 64,065 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,476 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 MARCH 31, 2010	PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6	TOTAL $$ PAID IN CATEGORY THROUGH MARCH 31, 2010
RUPTURE	21,476	71% | 37%	$ 415,297,691.31
EXPLANT	27,980	99% | 96%	$ 135,577,06.83
EXPLANT ASSISTANCE	569	91% | 57%	$ 2,820,141.10
INCREASED EXPLANT (6.2 ONLY)	210	N/A | 94%	$ 630,000.00
EXPEDITED RELEASE	18,874	91% | 86%	$ 35,187,931.78
DISEASE OPTION 1	25,426	82% | 67%	$ 377,082,821..07
DISEASE OPTION 2	1,097	24% | 11%	$ 143,262,298.75
TOTAL	95,632	N/A	$ 1,109,857,970.84

 

 

Class 7 - Silicone Gel Material Claims

 

Approximately 14,984 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 $20.9 million. The total fund is $57.5 million NPV.

 

 

 

Class 9 and 10 - Dow Corning Covered Other Products

 

Below is a chart showing the total number of Class 9 and 10 claims filed and paid to date:

 

CLASS 9, 10.1 AND 10.2
DCC "COVERED" OTHER PRODUCTS
CLAIM CATEGORY	NUMBER OF FORMS FILED	NUMBER OF CLAIMS REVIEWED	NUMBER OF CLAIMS APPROVED	# CLAIMS PAID 1ST PAYMENT	# CLAIMS PAID PREMIUM PAYMENT	PERCENTAGE OF CLAIMS APPROVED FOR 1ST PAYMENT	$ AMOUNT PAID 1ST PAYMENT	$ AMOUNT PAID PREMIUM PAYMENT	TOTAL PAID
PROOF OF MANUFACTURER	7223	7215	2616
EXPEDITED RELEASE	3932	1582	1580	2013		100%	$1,907,795.10		$1,907,795.10
RUPTURE	557	124	28	28	28	100%	$136,000.00	$680,000.00	$816,000.00
INFLAMMATORY FOREIGN BODY RESP. (TMJ, finger, wrist, toe, knee & hip)	1748	713	414	393	377	95%	$2,000,125.00	$8,563,760.00	$10,563,885.00
IMPLANT FAILURE (TMJ, finger wrist, toe knee, hip & testicular)	2322	831	111	104	112	94%	$544,000.00	$2,614,115.00	$3,158,115.00
TMJ ENHANCED	1267	370	44	42	43	95%	$529,500.00	$3,345,500.00	$3,875,000.00
TOTALS	17049	10835	4793	2580	560	TOTALS	$5,117,420.10	$15,203,375.00	$20,320,795.10

 

 

 

NOI CLAIMS
CLASS 5 & 6.1 & 6.2
	TOTAL FORMS FILED	FORMS FILED WITH POM	ACCEPTABLE POM	APPROVED	COMPLETE	# CLAIMS PAID	TOTAL AMT PAID
RUPTURE	1,942	1906	1,612	1,081	1,624	1,080	$20,282,100
MEDICALLY CONTRAINDICATED	18	17	15	2	10	0	0
EXPLANT	1,498	1,480	1,264	1085	1,261	1,076	$5,245,068
INCREASED EXPLANT	311	311	291	90	291	87	261,000
EAP	273	268	208	40	46	36	$175,200
TOTALS	4,042	3,982	3,390	2,298	3,232	2,279	$25,728,468

 

3/31/2010
INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS)
	RUPTURE	EXPLANT	INCREASED EXPLANT	EXPLANT ASSISTANCE (EAP)	EXPEDITED	DISEASE	MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)	OTHER PRODUCTS PREMIUM PAYMENT	TOTAL
CLASS 5	$420,256,440.80	$136,600,992.09	N/A	$2,986,341.10	$32,369,573.27	$512,899,251.34	N/A	N/A	$1,105,112,598.60
CLASS 6.1	$13,329,750.51	$4,161,362.44	N/A	$9,000.00	$2,624,418.51	$5,725,618.48	N/A	N/A	$25,850,149.94
CLASS 6.2	$2,352,000.00	$154,000.00	$891,000.00	$0.00	$54,600.00	$1,720,250.00	N/A	N/A	$5,171,850.00
CLASS 6.2 2	N/A	N/A	N/A	N/A	$91,700.00	N/A	N/A	N/A	$91,700.00
CLASS 6.2 3	N/A	N/A	N/A	N/A	$130,800.00	N/A	N/A	N/A	$130,800.00
CLASS 7	N/A	N/A	N/A	N/A	$20,953,491.96	$0.00	N/A	N/A	$20,953,491.96
CLASS 9	$130,000.00	N/A	N/A	N/A	$1,753,145.10	N/A	$2,854,000.00	$14,152,500.00	$18,889,645.10
CLASS 10.2 / 10.2	$6,000.00	N/A	N/A	N/A	$154,650.00	N/A	$219,625.00	$1,050,875.00	$1,431,150.00
	$436,074,191.31	$140,916,354.53	$891,000.00	$2,995,341.10	$58,132,378.84	$520,345,119.82	$3,073,625.00	$15,203,375.00	$1,177,631,385.60
	RUPTURE	EXPLANT	INCREASED EXPLANT	EXPLANT ASSISTANCE (EAP)	EXPEDITED	DISEASE	MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)		TOTAL
CLASS 5	21,152	27,611	N/A	602	16,375	25,544	N/A	N/A	91,284
CLASS 6.1	1,114	1,404	N/A	3	2,196	549	N/A	N/A	5,266
CLASS 6.2	336	87	297	0	78	430	N/A	N/A	1,228
CLASS 6.2 2	N/A	N/A	N/A	N/A	77	N/A	N/A	N/A	77
CLASS 6.2 3	N/A	N/A	N/A	N/A	218	N/A	N/A	N/A	218
CLASS 7	N/A	N/A	N/A	N/A	12,651	0	N/A	N/A	12,651
CLASS 9	26	N/A	N/A	N/A	1,754	N/A	475	496	2,751
CLASS 10.2 / 10.2	2	N/A	N/A	N/A	259	N/A	64	64	389
	22,630	29,102	297	605	33,608	26,523	539	560	113,864

 

 

7.      DEADLINE REMINDERS

 

Please mark your calendar with the following claim submission deadlines. Please note that 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. The filing deadlines are not the same as "cure deadlines." Cure deadlines are individual deadlines that are set out in Notification of Status letters following the SF-DCT's review of your claim.

 

 

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)

 

 

_______________________________________________________________________

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.