CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 7, No. 9, November 22, 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 77th e-newsletter (Vol. 7, No. 9) 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.      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. No new claims will be accepted by the MDL 926 Claims Office for the Revised Settlement Program after this date.

 

For more information, go to the MDL-926 Claims Office website at: http://www.claimsoffice-926.com/index.html.

 

Some of the brand names of eligible breast implants in the RSP are: Heyer-Schulte, American Hospital Supply, Natural Y, Surgitek, Replicon, Natural Y, MEC or Medical Engineering, all polyurethane-covered breast implants, McGhan Medical, and 3M/McGhan. A complete list of eligible RSP implants is listed at: http://www.tortcomm.org/downloads/RSPEXHIBITG-LISTOFELIGIBLEPRODUCTS.pdf.

 

The benefits that you may apply for in the RSP are listed below:

 

Settlement Benefit

Deadline in RSP

Long-Term Benefit Disease Schedule
(this is the same as Disease Option 2 in the Settlement Option in the Dow Corning Trust)

December 15, 2010

Explantation for removal of a Bristol, Baxter or 3M breast implant

December 15, 2010

Rupture claims - no rupture claims are allowed except for "Current Disease Claimants"

Late Registration - claimants who did not file a Timely claim in the RSP may still register with the MDL 926 Claims Office by December 15, 2010. Late Registrants will be paid benefits only pursuant to the Long Term Disease Schedule to the extent funds are available pursuant to the funding obligations of Bristol, Baxter and 3M.

Post 8/84 McGhan Claimants - are eligible to apply only for Long Term Disease. The deadline is December 15, 2010. No explant or rupture claims will be paid.

Deadline has passed

 

December 15, 2010

 

 

 

 

December 15, 2010

 

 

 

2. STATUS OF PREMIUM PAYMENTS

 

As noted in our last newsletter, the Finance Committee has deferred the timeframe for when it will consider whether to recommend Premium Payments. Here is the statement from the last newsletter:

 

The Finance Committee has decided, due to uncertainties that they believe may have an impact on the Settlement Fund, that Premium Payments should not be distributed at this time. Instead, they have postponed the decision and recommend a schedule be set to review the data and uncertainties so that they can report to the Court by June 15, 2011.

 

Some of the uncertainties cited by the Finance Committee include what impact the closing of the MDL 926 Settlement Fund in December 2010 might have on the Dow Corning Settlement Fund, the two pending appeals before the Court of Appeals on Disability A and tissue expanders, and the motion on whether claimants, not Dow Corning, get the benefit of interest earned on the Initial Payment (the so-called "time value credit" motion). The latter motion is pending before the District Court Judge.

 

We are, like you, deeply disappointed about this and disagree with the Finance Committee's decision. We believe that the analysis of data from the settlement and the MDL 926 Settlement clearly show that the Dow Corning Settlement Fund has adequate funds to pay Premium Payments now and assure that sufficient funds will be available to make Base Payments in the future. We will contine to devote our efforts to get the payments that were bargained for and agreed to in the Joint Plan approved and paid to you as soon as possible.

 

3.   IF YOU HAVE A CURE DEADLINE WITH THE

SF-DCT, YOU MUST SUBMIT DOCUMENTS

TO FIX ANY PROBLEMS IN YOUR CLAIM BY

THAT DATE

 

If you received a Notification of Status letter from the Settlement Facility on your disease claim and it lists deficiencies or problems that need to be fixed before your claim can be approved, you have a limited amount of time to fix the problems. This deadline is called a cure deadline. If the problems aren't fixed by the cure deadline, then your claim for that disease will be permanently denied and you will not receive compensation for that disease.

 

We are informed that the SF-DCT has received an increased number of requests from law firms and attorneys asking for an extension of their client's cure deadline. Extensions are generally not allowed and granted only in rare fact-specific situations. Please plan to submit all documents necessary to fix a deficiency by the cure deadline stated in the Notification of Status letter.

 

4.   UPDATE ON RECENT MAILINGS BY THE SF-DCT

 

Since June 2010, the SF-DCT has sent out a series of mailings to different groups of claimants. If you received one of the letters described below, please pay close attention to the letter and respond to the SF-DCT as appropriate for your claim.

 

a)      June 21,2010 -- The SF-DCT sent out a letter to approximately 7,000 unrepresented claimants who have already sent in acceptable proof that they had a Dow Corning breast implant but who have never filed a disease or Expedited Release claim. The letter was a reminder that this group of claimants is eligible to apply for a Disease payment or the $2,000 Expedited Release Payment up to June 3, 2019. A copy of the letter can be viewed by clicking on this link: June 21, 2010 SF-DCT letter. On November 5, 2010, the SF-DCT sent out a similar letter to attorneys who represent clients that have acceptable proof that they had a Dow Corning breast implant.

 

b)      October 8, 2010 -- The SF-DCT sent out a letter to approximately 22,100 unrepresented and represented claimants* who listed a Dow Corning breast implant on their MDL claim forms but who have never submitted anything to the SF-DCT. The letter informed claimants that if they have documentation showing that they did or do have a Dow Corning breast implant, they should file the Proof of Manufacturer Form with the SF-DCT. For a link to the Proof of Manufacturer Form, click here. For a link to the letter, click here.

 

If you received the October 8, 2010 letter but you do not have documentation that you had a Dow Corning breast implant, please notify the SF-DCT of this. We are working with the SF-DCT and Independent Assessor to better understand and project how many claimants may file a claim in the future so that a determination can be made as to when Premium Payments will be allowed.

 

Again, if you received the October 8, 2010 letter and do not have any proof that you had a Dow Corning breast implant, please write a letter to the SF-DCT and tell them this. If you do have proof, we urge you to submit it as soon as possible. The deadline for filing a claim for benefits is June 3, 2019, but you can and should submit your Proof of Manufacturer now so that this information can be reviewed.

 

[* Letters for represented claimants were sent to the attorney of record.]

 

 

c)      December 2, 2010 -- the SF-DCT will send out a letter to 11,200 unrepresented claimants and to 2,425 attorneys who represent 28,500 clients who received either a Rupture and/or Disease Payment in Class 5, 6.1 or 6.2 as of June 2010. The letter seeks a confirmation of the current address so that preparations can be made by the SF-DCT to issue Premium Payments when they are ultimately recommended and approved by the Court. [Please note that Premium Payments have NOT been recommended or approved at this time.]

 

The letter requires you to respond by February 15, 2011 so please read the letter carefully and send in your response. If you receive this letter and do not respond, there is a strong likelihood that you your Premium Payment (when they are approved) may be delayed.

 

 

The SF-DCT received a large number of letters that were returned because claimants had moved and the forwarding address had expired. It is very important that you update your address with the SF-DCT if you move. To do this, write a letter informing them of your new address and send it to:

 

SF-DCT

P.O. Box 52429

Houston, TX 77052-2429

 

 

5.   STATUS OF CLAIMS PROCESSING AT SF-DCT

 

 

We are happy to report that the SF-DCT is current on processing all disease claims in all classes. There is less than a one month backlog to have a disease claim reviewed or re-reviewed (for those who have cure deadlines).

 

The SF-DCT has also completed its review of all Class 7 (Silicone Gel Material Claims) disease claims and Notification of Status letters have been mailed. We are informed that very few claimants in Class 7 who have a deficiency in their claim have responded by sending in medical records that address the deficiency. We urge you to start on this process immediately as it often takes several months to get a doctor's appointment and obtain medical records and test results. If you would like to speak with a nurse reviewer at the SF-DCT to better understand what you need to do to fix the deficiencies in your submission, contact the SF-DCT toll free at 1-866-874-6099.

 

 

6. CLAIMS PAYMENTS AS OF OCTOBER 31, 2010

 

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

 

Through OCT 31, 2010, the SF-DCT has received 76,170 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 64,648 or 84.87% have acceptable proof of at least one Dow Corning breast implant. Of the 64,648 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,780 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 OCT 31, 2010

PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6

TOTAL $$ PAID IN CATEGORY THROUGH OCT 31, 2010

RUPTURE

21,780

71% | 40%

$ 419,820,693.67

EXPLANT

28,167

99% | 95%

$ 136,411,235.86

EXPLANT ASSISTANCE

581

92% | 67%

$ 2,875,641.10

INCREASED EXPLANT (6.2 ONLY)

262

N/A | 92%

$ 783,000.00

EXPEDITED RELEASE

21,741

92% | 87%

$ 40,706,129.92

DISEASE OPTION 1

26,443

83% | 79%

$ 391,920,384.51

DISEASE OPTION 2

1,224

26% | 12%

$ 158,226,953.54

 

 

 

 

 

 

 

 

TOTAL

100,198

N/A

$ 1,150,744,038.60

 

 

PROCESSING OF CLASS 7 CLAIMS:

 

Class 7 -- Silicone Gel Material Claims

# Class 7 Forms Filed

54,724

Failed Prescreen -- Ineligible Implant --

Failed Marshalling

37,636

Foreign Gel Claims Approved & Paid $600

654

Expedited Release Claims Approved & Paid $600

6,982

# of Disease Cash-Out Offers of $3,000

7,404

TOTAL PAYMENTS OR CASH-OUT OFFERS

15,040

TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer)

12,775

TOTAL AMT PAID as of 10/31/2010

$21,180,517.39

 

 

PAYMENTS TO NOTICE OF INTENT CLAIMANTS:

 

 

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

1,924

1888

1,614

1,134

1,624

1,142

$21,138,100

MEDICALLY CONTRAINDICATED

18

17

15

 2

10

 0

 0

EXPLANT

1,500

1,482

1,270

1089

1,270

1,079

$5,252,818

INCREASED EXPLANT

310

310

300

 114

 300

110

  330,000

EAP

272

267

212

40

47

36

$175,200

TOTALS

4,024

3,964

3,411

2,379

3,251

2,367

$26,896,118

 

 

TOTAL CLAIMS PAID IN ALL CLASSES AS OF 10-31-10:

 

10/31/2010

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

$424,293,443.16

$137,333,891.12

N/A

$3,041,841.10

$37,651,646.07

$541,564,669.57

N/A

N/A

$1,143,885,491.02

CLASS 6.1

$13,797,750.51

$4,230,362.44

N/A

$9,000.00

$2,825,043.85

$6,498,418.48

N/A

N/A

$27,360,575.28

CLASS 6.2

$3,234,000.00

$194,000.00

$1,113,000.00

$0.00

$86,100.00

$2,084,250.00

N/A

N/A

$6,711,350.00

CLASS 6.2 2

N/A

N/A

N/A

N/A

$96,500.00

N/A

N/A

N/A

$96,500.00

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

$21,180,517.39

$0.00

N/A

N/A

$21,180,517.39

CLASS 9

$130,000.00

N/A

N/A

N/A

$1,756,145.10

N/A

$2,856,500.00

$14,175,000.00

$18,917,645.10

CLASS 10.2 / 10.2

$6,000.00

N/A

N/A

N/A

$155,250.00

N/A

$219,625.00

$1,050,875.00

$1,431,750.00

TOTAL

$441,461,193.67

$141,758,253.56

$1,113,000.00

$3,050,841.10

$63,882,002.41

$550,147,338.05

$3,076,125.00

$15,225,875.00

$1,219,714,628.79

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

 

TOTAL

CLASS 5

21,354

27,757

N/A

614

19,026

26,534

N/A

N/A

95,285

CLASS 6.1

1,153

1,427

N/A

3

2,364

608

N/A

N/A

5,555

CLASS 6.2

462

108

372

0

123

525

N/A

N/A

1,590

CLASS 6.2 2

N/A

N/A

N/A

N/A

81

N/A

N/A

N/A

81

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

12,775

0

N/A

N/A

12,775

CLASS 9

26

N/A

N/A

N/A

1,757

N/A

475

497

2,755

CLASS 10.2 / 10.2

2

N/A

N/A

N/A

260

N/A

64

64

390

TOTAL

22,997

29,292

372

617

36,604

27,667

539

561

118,649

 

 

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.