CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Volume 9, No. 1, January 5, 2012
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 89th e-newsletter (Vol. 9, No. 1) 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. UPDATE ON PREMIUM PAYMENT MOTION
The briefing on the Finance Committee's motion requesting authority to make Premium Payments is now complete. The briefs are on the CAC website (www.tortcomm.org) under the heading "Pending Motions." As we anticipated, Dow Corning is opposing the motion. The hearing - which was originally scheduled for December 12, 2011 - will now be held on January 31st. At the hearing, the parties that submitted briefs will each be given an opportunity to present their case orally to the Court. The Court will not rule on the motion at the hearing. The Court will issue a written order and opinion, probably at least several months following the hearing. Once the Court rules, there could also be an appeal to the 6th Circuit Court of Appeals from that order. In the past, the process for appeals has taken approximately one year.
2. DOW CORNING FILES APPEAL TO THE 6TH CIRCUIT COURT OF APPEALS ON THE TIME VALUE CREDIT RULING BY THE DISTRICT COURT
Dow Corning filed a Notice of Appeal to the Court of Appeals for the 6th Circuit indicating that it is appealing the District Court's ruling on the Time Value Credit ("TVC") issue. The TVC issue concerns Dow Corning's claim that is should be credited for the interest earned on the Initial Payment of $1 billion. The CAC believes that under the Plan claimants are entitled to this interest. We have not received a schedule yet for briefs in the 6th Circuit appeal. We will update our website when we receive this.
3. REMINDER TO FOREIGN CLAIMANTS
The SF-DCT has identified approximately 193 claimants who have an approved claim ready for payment but who have not submitted a copy of a government-issued ID. This requirement applies only to claimants outside of the U.S. The SF-DCT has sent these claimants at least two letters urging them to submit the documentation so that they can receive payment but they have not received any response. If you are a foreign claimant who received this notice from the SF-DCT, please contact them immediately.
4. NOTICE TO PERSONS WITH A PROBATE CLAIM
The SF-DCT has identified over 200 claims that are approved for payment but cannot be paid at this time because the claimant is deceased and the Executor or Administrator of the estate must submit court-issued documents designating them as the Executor/Administrator. If you are handling a claim for a deceased claimant, please contact the Settlement Facility for information about how to proceed. As soon as the appropriate probate documents are received by the SF-DCT, payment can be issued for all claims that have been approved.
5. SF-DCT CONTACT INFORMATION
The SF-DCT offices will be moving later this year. Until that time, please use the following address to mail documents to the SF-DCT claims ofifce:
Overnight mail: 3100 Main St., Suite 700
Houston, TX 77002
Regular mail: P.O. Box 52429
Houston, TX 77052-2429
Email: info@sfdct.com
Website: www.sfdct.com
Phone: 1-866-874-6099
6. STATUS OF PROCESSING CLAIMS AT SF-DCT
The Settlement Facility is current in processing all claims (claims are processed within 30 days of receipt).
We would like to remind everyone that is submitting a disease claim or trying to fix problems in your disease claim that the SF-DCT has identified that you can do the following: 1) review the Disease guidelines that are available on the SF-DCT and CAC websites to see what documents are required to have a disease claim approved; and 2) if you received a deficiency notice from the SF-DCT, you can set up a phone call with a nurse reviewer to go over your claim and assist you with identifying what you need to do. You must fix the problems in your claim by the deadline listed in your SF-DCT letter or your disease claim will be denied.
7. CLAIMS PAYMENT REPORT THROUGH NOVEMBER 2011
The Settlement Facility has released information about the status of claims processing and payments through November 30, 2011. To date, the SF-DCT has paid out approximately $1.2 billion in approved claims to women who had/have Dow Corning breast implants. Overall, the fund has paid $1.26 billion to approved claimants in all classes.
Through November 30, 2011, the SF-DCT has received 77,279 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,431 or 84.68% have acceptable proof of at least one Dow Corning breast implant. Of the 65,431 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 34% (one-third) or 21,870 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 NOV 30, 2011 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH NOV 30, 2011 |
|
RUPTURE |
21,870 |
71% | 40% |
$ 421,082,139.69 |
|
EXPLANT |
28,449 |
99% | 96% |
$ 137,717,177.61 |
|
EXPLANT ASSISTANCE |
597 |
92% | 80% |
$ 2,950,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
279 |
N/A | 92% |
$ 834,000.00 |
|
EXPEDITED RELEASE |
23,110 |
92% | 87% |
$ 43,089,333.35 |
|
DISEASE OPTION 1 |
27,708 |
83% | 68% |
$ 408,962,602.42 |
|
DISEASE OPTION 2 |
1,387 |
29% | 14% |
$ 178,214,053.54 |
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
103,400 |
N/A |
$ 1,192,849,947.71 |
Class 7 - Silicone Gel Material Claims
Class 7 claims have been processed and the SF-DCT is working to finalize approved disease claims for payment this year. We do not have an exact date when payments will be issued but we have been working with the SF-DCT to issue payments as soon as possible.
|
Class 7 - Silicone Gel Material Claims |
|
|
# Class 7 Forms Filed |
54,721 |
|
Failed Prescreen - Ineligible Implant - Failed Marshalling |
37,622 |
|
Foreign Gel Claims Approved & Paid $600 |
657 |
|
Expedited Release Claims Approved & Paid $600 |
6,984 |
|
# of Disease Cash-Out Offers of $3,000 |
7,424 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
15,065 |
|
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
12,963 |
|
TOTAL AMT PAID as of 11/30/2011 |
$21,397,717.39 |
TOTAL CLAIMS PAID IN DOLLARS AND IN NUMBER OF CLAIMS PER CLASS:
|
11/30/2011 |
|||||||||
|
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 |
$425,318,162.94 |
$138,576,632.87 |
N/A |
$3,116,841.10 |
$39,777,899.50 |
$577,300,887.48 |
N/A |
N/A |
$1,184,090,423.89 |
|
CLASS 6.1 |
$13,929,750.51 |
$4,302,362.44 |
N/A |
$9,000.00 |
$2,970,243.85 |
$7,547,218.48 |
N/A |
N/A |
$28,758,575.28 |
|
CLASS 6.2 |
$3,472,000.00 |
$228,750.00 |
$1,167,000.00 |
$0.00 |
$98,000.00 |
$2,328,550.00 |
N/A |
N/A |
$7,294,300.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$103,700.00 |
N/A |
N/A |
N/A |
$103,700.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$228,000.00 |
N/A |
N/A |
N/A |
$228,000.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$21,397,717.39 |
$0.00 |
N/A |
N/A |
$21,397,717.39 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,757,145.10 |
N/A |
$2,856,500.00 |
$14,175,000.00 |
$18,918,645.10 |
|
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 |
$442,855,913.45 |
$143,107,745.31 |
$1,167,000.00 |
$3,125,841.10 |
$66,488,555.84 |
$587,176,655.96 |
$3,076,125.00 |
$15,225,875.00 |
$1,262,223,711.66 |
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
|
TOTAL |
|
CLASS 5 |
21,408 |
28,008 |
N/A |
630 |
20,092 |
27,802 |
N/A |
N/A |
97,940 |
|
CLASS 6.1 |
1,164 |
1,451 |
N/A |
3 |
2,485 |
714 |
N/A |
N/A |
5,817 |
|
CLASS 6.2 |
496 |
125 |
390 |
0 |
140 |
579 |
N/A |
N/A |
1,730 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
87 |
N/A |
N/A |
N/A |
87 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
380 |
N/A |
N/A |
N/A |
380 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
12,963 |
0 |
N/A |
N/A |
12,963 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,758 |
N/A |
475 |
497 |
2,756 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,096 |
29,584 |
390 |
633 |
38,166 |
29,095 |
539 |
561 |
122,064 |
8. 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.