CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Volume 9, No. 4, April 20, 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 92nd e-newsletter (Vol. 9, No. 4) 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 ABOUT UPCOMING EXPLANT DEADLINE -- JUNE 2, 2014

 

This is an URGENT REMINDER about the upcoming Explant Claim deadline on June 2, 2014.  The Settlement Facility will pay $5,000 (U.S.) if you have your Dow Corning breast implant removed before June 2, 2014 AND you file the Explant Claim Form and supporting medical documents by this date.  It can take six months or longer to schedule the explant surgery and get the supporting medical documents from the surgeon / hospital to document an Explant claim.  If this is a payment that you want to apply for, you should consider making arrangements now.

 

NO Explant payments will be allowed for surgeries that occur after June 2, 2014 or for claim forms that are received after this date.  We have dealt with many, many claimants who missed a deadline in the Plan and had their payment denied.  Please do not miss the deadline if you want to receive the Explant Payment.

 

2.     UPDATE ON PREMIUM PAYMENT MOTION

 

The court has not ruled on the request to make Premium Payments.  We do not know when the court will rule.  When we receive a ruling, we will send an e-newsletter and update our website.

 

3.     UPDATE ON 6^TH CIRCUIT COURT OF APPEALS AND THE TIME VALUE CREDIT RULING

 

As we reported previously, Dow Corning filed an appeal with the Court of Appeals for the 6^th Circuit, appealing the District Court's ruling that the interest accrued on the Initial Payment did not count towards its funding obligations.  The 6^th Circuit recently established a schedule to submit briefs.  Dow Corning's brief is due on May 10, 2012, and our response is due on June 12, 2012.  We do not have a date for oral argument.  When the briefs are filed, we will post them on our website.

 

4.     RECENT RULINGS BY THE DISTRICT COURT

 

The District Court recently entered rulings on individual requests by claimants who missed all of the filing deadlines to register a claim in the bankruptcy.  The court ruled that the requests did not meet the standard of "excusable neglect" and therefore denied all of the requests. 

 

5.     REMINDER:  SETTLEMENT FACILITY OFFICES HAVE MOVED TO A NEW LOCATION

 

The Settlement Facility offices have moved to a new location as of April 3, 2012.  The mailing address for claim forms will remain the same:  P.O. Box 52429, Houston, Texas  77052-2429.  To send documents to the Settlement Facility by overnight mail (Federal Express or a similar service), the new address is:

 

                                    SF-DCT

                                    3200 SW Freeway, Suite 1500

                                    Houston, TX  77027  (Please note the corrected zip code)

 

The phone number for the Settlement Facility will remain the same:  866-874-6099.

 

6.     CLAIMS REPORT

 

The Settlement Facility reports that they are current in reviewing all claims.  Current means that the claim form will be reviewed in 30-45 days from the day it is received.  If you filed a claim more than 90 days ago and have not heard anything, contact the Settlement Facility about the status of the claim.

 

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.