CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 8, No. 2, January 26, 2011
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 81st e-newsletter (Vol. 8, No. 2) 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. US Court of Appeals for the 6th Circuit DENIES the CAC's Petition for Rehearing on the Disability A Decision
On January 24, 2011, the U.S. Court of Appeals for the 6th Circuit denied the CAC's request for rehearing and rehearing en banc. Unfortunately, there are no further appeals that the CAC can pursue. We strongly disagree with the Court's ruling. Claimants and attorneys are reminded that to qualify for Level A disability, claimants must submit documentation that they are totally disabled in both vocation and self-care.
2. US Court of Appeals for the 6th Circuit Issues Mandate on the Tissue Expander Decision
On January 11, 2011, the U.S. Court of Appeals for the 6th Circuit issued its mandate to the District Court on the tissue expander decision, meaning that the issue is now before the District Court Judge. We have a conference call scheduled with the Court in early February to determine a schedule for proceeding forward.
3. Update on Status of Premium Payments
The CAC is continuing its efforts to get Premium Payments approved as soon as possible. The Finance Committee has established a schedule to reconsider whether it can recommend that Premium Payments be made. We expect a decision from them in early June.
4. Dow Corning Breast Implant Claimants Who Have An Approved Rupture and/or Disease Claim Must Verify Their Address with the SF-DCT by February 15, 2011
In early December 2010, the SF-DCT sent letters to Dow Corning Breast Implant Claimants who had an approved rupture and/or Disease claim and asked them to verify their current address with the SF-DCT. If you received this letter, please complete the Address Verification Form and return it to the SF-DCT by February 15, 2011. The address of the SF-DCT is:
SF-DCT
P.O. Box 52429
Houston, TX 77052-2429
If you are represented by an attorney, the SF-DCT letter was sent to him/her and your attorney should be responding for you.
The SF-DCT has informed us that only 25% of claimants who received the letter have returned it. It is very important that everyone who was sent this letter complete and return the Address Verification Form. Failure to return the form will delay issuance of any Premium Payments to which you may be entitled.
We would also like to remind all claimants of the importance of keeping your address and contact information current with the SF-DCT. Please send any address or contact information changes to them in writing at the address listed above.
5. Status of Claims Processing and Payments
The SF-DCT informs us that they are current in all claims processing, i.e., there is less than a 30 day wait for a newly filed claim to be reviewed.
Below is a summary of claims processing and payment by the SF-DCT for 2010. The SF-DCT approved 6,756 claims and paid out a total of $69,725,768 in 2010.
|
|
|
|
|
|
YTD 2010 |
|
|
|
$ AMT PD |
# CLAIMS |
|
RUPTURE |
$7,135,097 |
485 |
|
EXPLANT |
$1,514,194 |
335 |
|
INCREASE EXPLANT |
$297,000 |
100 |
|
EXPLANT ASSISTANCE |
$90,500 |
19 |
|
EXPEDITED |
$6,632,783 |
3,453 |
|
CLASS 7 |
$404,475 |
208 |
|
DISEASE |
$53,597,719 |
2,153 |
|
MEDICALLY CONTRAINDICATED |
$6,500 |
1 |
|
CLASS 9-10 PREMIUM PAYMENT |
$47,500 |
2 |
|
|
$69,725,768 |
6,756 |
|
|
TOTAL $ AMT PD IN 2010 |
TOTAL # CLAIMS IN 2010 |
Class 7 Update: The SF-DCT has processed all remaining Class 7 disease claims and has sent Notification of Status ("NOS") letters. These letters list the problems that need to be fixed before a claim can be approved, and they also list the deadline by which all documents fixing the problems must be submitted. If the problems are not fixed by the deadline in the letter, the claim will be permanently denied.
The SF-DCT informs us that very few Class 7 claimants are sending in documents to fix deficiencies in their claim. If you have questions about what deficiencies you have in your claim or how to fix them, please call the SF-DCT at its toll free number: 1-866-874-6099 or send them an email at: info@sfdct.com.
6. 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.