CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 8, No. 3, March 29, 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 82nd e-newsletter (Vol. 8, 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. Address Verification Process with SF-DCT
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. The original deadline to return the Address Verification Form was February 15, 2011; however, if you did not respond and still have the form, PLEASE RETURN IT IMMEDIATELY. The address of the SF-DCT is:
SF-DCT
P.O. Box 52429
Houston, TX 77052-2429
The SF-DCT has informed us that only 68% of claimants who received the letter have returned it. Failure to return the form will delay issuance of any Premium Payments to which you may be entitled. Please return your form to either verify your current address or to update it if you have moved.
If you have an approved Rupture claim or an approved Disease claim and did not receive the Address Verification Form, first check with your attorney to make sure (s)he received the form (if you are represented). If you did not receive the form and should have, contact the SF-DCT immediately and they can either send you a new form or determine whether you should have been sent a form. Many SF-DCT letters have been returned to the SF-DCT because the claimant or her attorney has moved and the forwarding address has expired.
We would also like to remind all claimants of the importance of keeping your address and contact information current with the SF-DCT and your attorney. Please send any address or contact information changes to the SF-DCT in writing at the address listed above. This includes a change of information such as the death of a claimant and appointment of an Executor / Administrator for the claimant's estate (the estate can still recover the payment due to the claimant). If a claimant has died, then generally the claimant must open an estate claim in probate court and have an Executor or Administrator of the estate appointed before the SF-DCT will issue any payment - including a Premium Payment - due the claimant. If you have questions about what may be required of you to open an estate claim, please consult an attorney in the state and local jurisdiction where the claimant resided since probate law differs from state to state.
2. Update on Status of Premium Payments
As previously noted, our efforts continue to get Premium Payments approved as soon as possible. The Finance Committee has established a schedule to reconsider whether it can recommend to the District Court that Premium Payments be made. We will relay their recommendation to you when it is made in June. If they do recommend that Premium Payments should be made now, then the matter goes before the District Court for a hearing and decision. Dow Corning would be given an opportunity to be heard with regard to any recommendation. We mention this so that it is clear that if a recommendation is made in June, does not mean that Premium Payments will be made in June or immediately thereafter.
3. Status of Whether Dow Corning's Breast Tissue Expander are "Breast Implants" Eligible for Benefits
The Court of Appeals sent the issue of whether Dow Corning's breast tissue expanders are considered "Breast Implants" as that term is defined in the Amended Joint Plan of Reorganization back to the District Court for consideration. A briefing schedule was established: Dow Corning's brief is due today, March 29th and the CAC's response is due on April 12. You may download a copy of Dow Corning's brief from the CAC's website (www.tortcomm.org) as soon as we receive it. Please check the website on or after March 30th. Since we previously argued this issue to Judge Hood, the parties agreed to waive oral argument to try and expedite the decision.
4. Claims Processing Issues
The Settlement Facility has informed us of several claims processing situations that need attention from claimants. The Settlement Facility has sent affected claimants and their counsel (if represented) at least two (2) letters informing them of the following problems, but claimants are not responding. If you do not respond to a letter from the SF-DCT about a problem in your claim, then your claim will not be processed or approved, and this means you cannot receive payment. Please review the following carefully and if your claim is in one of the following groups, please take action to correct the situation.
a.) Claimants who sent either a Disease or an Expedited Release claim form but who failed to sign their name to the form. If you do not sign your name on the form, your claim cannot be processed or paid. If you received a letter from the SF-DCT about this, please sign your form and return it.
b.) Claimants who sent in a Disease claim form and checked the box stating that they would like to rely on their MDL disease claim evaluation, but the claimant did not have an MDL disease claim evaluation. To correct this error, you must check a different box on the Disease claim form and pick one disease claim to be evaluated. Until you do this, the SF-DCT will NOT process your disease claim. If you did not previously send in medical records to support your disease claim you should do so when you return the form.
c.) Claimants who sent in a Disease claim form and checked more than one disease box: to correct this error, you must pick only one disease to be evaluated. The SF-DCT will not process your claim until you do this.
d.) Claimants who sent in a Disease claim form but did not submit any medical records with the disease claim: you must submit medical records that support your disease claim. The SF-DCT will not process your claim until you have sufficient documentation to support the disease you wish to be evaluated for.
There are HUNDREDS of claims that have been submitted to the Settlement Facility that fit into one of the above categories, and the SF-DCT has written to these claimants at least twice about the error in the claim. The SF-DCT will send one more letter asking claimants to fix the problem and then it will not send any more letters about the claim unless and until the problem is fixed. Please do not ignore these letters. Many of the above-situations are easily fixed and can result in prompt payments to claimants. But you must take action to fix the problems.
If you have any questions about your claim or claim status, please contact the SF-DCT either by email at info@sfdct.com or at their toll-free number: 1-866-874-6099.
5. ATTENTION Former Clients of The Florida Group, Lynne D'Iorio or The D'Iorio Group
If you were represented by The Florida Group, Lynne D'Iorio and/or The D'Iorio Group, please contact the Settlement Facility or Claimants' Advisory Committee ASAP. The Settlement Facility recently filed a Complaint for Declaratory Judgment and Emergency Request For Immediate Relief on Behalf of SF-DCT Claimants who are former clients of the above-mentioned individuals / entities. The dispute pertains to lien claims and collection efforts that The Florida Group, Lynne D'Iorio and/or The D'Iorio Group has attempted to assert against its former clients.
6. 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, and they are current in reviewing Requests for Additional Information (RAI's).
Through February 28, 2011, the SF-DCT has received 76,765 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,030 or 84.71% have acceptable proof of at least one Dow Corning breast implant. Of the 65,030 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,810 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
ClASS 5 AND 6 (DOW CORNING BREAST IMPLANT CLAIMANTS):
|
CLASS 5, 6.1 AND 6.2 |
(EXCLUSIVE OF NOI PAYMENTS) |
|
|
|
(DOW CORNING BREAST IMPLANT CLAIMS) |
|
|
|
|
|
|
|
|
|
CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH FEB 28, 2011 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH FEB 28, 2011 |
|
RUPTURE |
21,810 |
71% | 40% |
$ 420,178,794.69 |
|
EXPLANT |
28,236 |
99% | 95% |
$ 136,726,746.71 |
|
EXPLANT ASSISTANCE |
586 |
92% | 80% |
$ 2,895,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
267 |
N/A | 92% |
$ 798,000.00 |
|
EXPEDITED RELEASE |
22,191 |
92% | 87% |
$ 41,549,213.81 |
|
DISEASE OPTION 1 |
26,776 |
83% | 68% |
$ 396,674,383.43 |
|
DISEASE OPTION 2 |
1,291 |
28% | 17% |
$ 166,449,553.54 |
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
101,157 |
N/A |
$ 1,165,272,333.28 |
CLASS 7 - SILICONE GEL MATERIAL CLAIMS:
|
Class 7 - Silicone Gel Material Claims |
|
|
# Class 7 Forms Filed |
54,723 |
|
Failed Prescreen - Ineligible Implant - Failed Marshalling |
37,632 |
|
Foreign Gel Claims Approved & Paid $600 |
653 |
|
Expedited Release Claims Approved & Paid $600 |
6,990 |
|
# of Disease Cash-Out Offers of $3,000 |
7,418 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
15,061 |
|
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
12,816 |
|
TOTAL AMT PAID as of 02/28/2011 |
$21,256,417.39 |
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.
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 |
1,921 |
1885 |
1,611 |
1,131 |
1,621 |
1,143 |
$21,158,100 |
|
MEDICALLY CONTRAINDICATED |
18 |
17 |
15 |
2 |
10 |
0 |
0 |
|
EXPLANT |
1,505 |
1,487 |
1,274 |
1090 |
1,273 |
1,081 |
$5,262,818 |
|
INCREASED EXPLANT |
310 |
310 |
300 |
114 |
300 |
111 |
333,000 |
|
EAP |
273 |
268 |
213 |
40 |
47 |
36 |
$175,200 |
|
TOTALS |
4,027 |
3,967 |
3,413 |
2,377 |
3,251 |
2,371 |
$26,929,118 |
TOTAL CLAIM PAYMENTS TO ALL CLASSES TO-DATE:
|
2/28/2011 |
|
|
|
|
|
|
|
|
|
|
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 |
$424,537,544.18 |
$137,627,151.97 |
N/A |
$3,061,841.10 |
############ |
$554,128,968.49 |
N/A |
N/A |
$1,157,775,385.70 |
|
CLASS 6.1 |
$13,833,750.51 |
$4,248,362.44 |
N/A |
$9,000.00 |
$2,894,643.85 |
$6,813,418.48 |
N/A |
N/A |
$27,799,175.28 |
|
CLASS 6.2 |
$3,332,000.00 |
$208,250.00 |
$1,131,000.00 |
$0.00 |
$90,300.00 |
$2,181,550.00 |
N/A |
N/A |
$6,943,100.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$101,300.00 |
N/A |
N/A |
N/A |
$101,300.00 |
|
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 |
############ |
$0.00 |
N/A |
N/A |
$21,256,417.39 |
|
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 |
$155,850.00 |
N/A |
$219,625.00 |
$1,050,875.00 |
$1,432,350.00 |
|
TOTAL |
$441,839,294.69 |
$142,083,764.41 |
$1,131,000.00 |
$3,070,841.10 |
############ |
$563,123,936.97 |
$3,076,125.00 |
$15,225,875.00 |
$1,234,356,173.47 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,368 |
27,816 |
N/A |
619 |
19,410 |
26,887 |
N/A |
N/A |
96,100 |
|
CLASS 6.1 |
1,156 |
1,433 |
N/A |
3 |
2,422 |
637 |
N/A |
N/A |
5,651 |
|
CLASS 6.2 |
476 |
114 |
378 |
0 |
129 |
544 |
N/A |
N/A |
1,641 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
85 |
N/A |
N/A |
N/A |
85 |
|
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 |
12,816 |
0 |
N/A |
N/A |
12,816 |
|
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 |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,028 |
29,363 |
378 |
622 |
37,098 |
28,068 |
539 |
561 |
119,657 |
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.