CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 7, No. 6, July 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 74th e-newsletter (Vol. 7, 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, 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. RECENT MAILING BY THE SETTLEMENT FACILITY
The Settlement Facility recently mailed a letter to almost 7,000 pro se claimants (claimants who are not represented by an attorney) to remind them that are eligible to submit either a Disease or Expedited Release claim. We have received many calls about this mailing.
a. If you need a claim form to apply for the $5,000 Explant Benefit or the Disease / Expedited Release benefit, you can download a copy at: http://www.sfdct.com/_sfdct/resources/Filing_For_Benefits/ClaimFormsByClass/Class5ClaimForm_English.pdf
b. If you no longer have the labels to use with the claim forms, you can still complete the claim forms by writing in your contact and other information.
c. The Expedited Release Payment is: Class 5 claimants - $2,000; Class 6.1 claimants - $1,200; and Class 6.2 claimants - $700.
d. If you elect the Expedited Release Option, you will not be eligible for a Disease Payment.
e. The Settlement Facility issues payments to claimants once a month, so claimants can expect to receive a check within 30-45 days after returning their Expedited Release claim form.
f. The deadline to file a claim for Disease or Expedited Release is June 3, 2019. The deadline for Expedited Release claims was originally June 1, 2007 but this deadline was extended (as allowed by the Plan) to June 3, 2019.
The Settlement Facility has also posted a document concerning the mailing: http://www.sfdct.com/tasks/render/file/?fileid=09EAA1AA-0740-D336-9CB62ABE21E91E09
2. SETTLEMENT FACILITY WILL REVIEW DENIED GCTS CLAIMS TO DETERMINE IF THEY QUALIFY FOR ACTD
Approximately two years ago, the Settlement Facility changed its processing practices with regard to Disease Option 2 GCTS claims (General Connective Tissue Symptoms). Previously, the Settlement Facility would simultaneously review Disease Option 2 GCTS claims that did not qualify for Disease Option 1 ACTD (Atypical Connective Tissue Disease). Because of the processing backlogs, the Settlement Facility decided to temporarily change their practices to review claims only for GCTS. Now that the Settlement Facility is current in reviewing disease claims, it will go back over previously denied GCTS claims and review them for ACTD.
If your GCTS claim was denied, and the Settlement Facility did not review your claim for ACTD at the same time, then you can request a review to determine if you qualify for ACTD. The Settlement Facility should be re-reviewing all of these claims automatically, but you may consider submitting a written request to make sure that your claim is reviewed.
3. CLAIMANTS WHO MAY HAVE BEEN INACCURATELY CLASSIFIED IN CLASS 6.1
The CAC has recently learned that the Settlement Facility apparently incorrectly classified some claimants in Class 6.1 who arguably should have been in one of the Canadian classes. These claimants have had their claims processed by the Settlement Facility, have received Notification of Status letters and possibly even payments. If you previously received correspondence from the Settlement Facility that you are in Class 6.1 but are now being told that your claim is in one of the Canadian classes, it is very important that you contact us immediately. Your rights are being affected. You can reach us at: 419-394-0717 or info@tortcomm.org. We will need your name, SID number and a copy of any correspondence that you have received from the Settlement Facility about your status.
4. STATUS OF PREMIUM PAYMENTS
We are continuing our efforts to get Premium Payments approved. The schedule provides that the Finance Committee will make an initial recommendation to the District Court about the status of Premium Payments by October 1, 2010. We will not know anything more until that time.
Please keep your address and contact information current with the Settlement Facility so that correspondence and payments can reach you.
5. REMINDER: MDL-926 CLOSES ON DECEMBER 15, 2010
If you have an implant made by any of the companies participating in the RSP, you must submit any and all claims you have to the MDL-926 Claims Office by December 15, 2010. For more information, go to the MDL-926 Claims Office website at: http://www.claimsoffice-926.com/index.html.
For a complete list of eligible implant products in the Revised Settlement Program, go to Exhibit G in the Breast Implant Litigation Notice Order. We've attached a link to that document: http://www.claimsoffice-926.com/pdf/mdl926_breast_implant_litigation_notice.pdf.
After December 15, 2010, the MDL-926 Claims Office will permanently close to all claims in the Revised Settlement Program.
6. STATUS OF CLAIMS PAYMENT AND PROCESSING AS OF JUNE 30, 2010
The Settlement Facility issued approximately $4.3 million in payments to claimants in Classes 5, 6.1 and 6.2 in June 2010. This brings the total payments to claimants to $1.195 billion. The approval rates for benefits remains the same as reported in previous newsletters. A complete chart of payments is posted on the CAC website (www.tortcomm.org) under "Claims Data."
Class 7 Update: The Settlement Facility informs us that they are current in reviewing disease claims for Class 7 claimants (excluding those claimants who are on hold because of the marshaling issue). Notification of Status letters to Class 7 claimants are being sent out. Claimants have one year to cure the deficiencies listed in the letter or their claim will be permanently denied. If you have received such a letter, you may contact the Settlement Facility at their toll-free number (1-866-874-6099) and request a time to speak with a nurse reviewer. The reviewer will go over your disease claim and help you understand what you need to do to fix the problems and get the claim approved. Please call as soon as you get the letter so that you leave enough time to fix the problems in your claim. It can often take months to schedule a doctor's appointment and receive medical records or disability letters from treating doctors.
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) |
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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.