CLAIMANTS’ ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 9, No. 9, December 18, 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 97th e-newsletter (Vol. 9, 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.
To contact the CAC, use the email address: info@tortcomm.org or dpend440@aol.com. You can also contact the CAC directly at 419-394-0717.
____________________________________________________________________________________________
Unfortunately we do NOT have any updates on the pending motions for Premium Payments or Tissue Expanders. Please do not write to ask us when the court will issue a ruling. We do not know when the court will rule. As soon as we receive information about a ruling, we will send out a newsletter and post an update on our website.
1. ORAL ARGUMENT BEFORE U.S. COURT OF APPEALS
FOR THE 6TH CIRCUIT
There was oral argument before the U.S. Court of Appeals on December 4, 2012 for the pending appeal on the Time Value Credit issue. This appeal involves the issue of whether Dow Corning can claim a credit for interest earned on the Initial Payment that was made before the Effective Date of the Plan. The CAC successfully argued to the District Court that the bankruptcy settlement provided that the claimants, not Dow Corning, would get the benefit of the interest earned on the Initial Payment. Dow Corning filed the present appeal.
The hearing went well and the Court took the issue under advisement. We expect a ruling to come sometime in 2013.
2. REMINDER: THE EXPLANT DEADLINE IS JUNE 2, 2014
Claimants who have a Dow Corning breast implant and who want to be compensated for its removal must file a claim by June 2, 2014. To be eligible for the $5,000 Explant benefit (Class 5), you must have your Dow Corning breast implant removed by June 2, 2014 and you cannot receive another silicone gel breast implant after that. To file a claim, you must submit the Explant Form and the operative statement from the Explant surgery.
June 2, 2014 may seem like a long time away, but our experience has been that it often takes up to 6 months or more to schedule an appointment with your surgeon, schedule the surgery, and obtain the necessary medical reports (such as the Operative Report) to submit a claim by the deadline.
If your Dow Corning breast implant is not removed by June 2, 2014, then you cannot apply for the Explant benefit.
The approval rate for Explant claims is very high – over 99% of Class 5 claims have been approved. The ones that have been denied are primarily because claimants were re-implanted with a silicone gel breast implant. Please remember that if you choose to get another silicone gel breast implant, then you cannot be compensated for the Explant payment.
3. PLEASE KEEP YOUR ADDRESS AND CONTACT INFORMATION CURRENT WITH THE SETTLEMENT FACILITY
It is very important that you keep your address and contact information current with the Settlement Facility. If you change your name, address or other contact information, please send an email to the Settlement Facility at: info@sfdct.com. Hundreds of letters and checks for benefits are returned to the Settlement Facility every year because claimants have moved and have not provided a new address. You will permanently lose your right to any approved payment that is returned and not cashed by the end of the Settlement Facility in 2019.
Also, if a claimant has passed away, their estate can still recover benefits. For more information, contact the Settlement Facility at info@sfdct.com and contact a probate attorney in the local area where the claimant resided. Before a payment for a deceased claimant can be issued, you will first have to be established as the Executor/Executrix of the estate.
4. CLAIMS REPORT THRU NOVEMBER 2012
The Settlement Facility has released information about the status of claims processing and payments through November 30, 2012, The information is summarized below:
Through November 30, 2012, the SF-DCT has received 77,873 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,643 or 84.29% have acceptable proof of at least one Dow Corning breast implant.
The best way to document the manufacturer of your implant is to obtain the medical records from the implantation surgery. The records should describe the name of the implant, the style number or other identifying words or numbers that can be used to establish the manufacturer.
If you cannot locate your implantation records, you can either identify the manufacturer when the implants are removed and examined to find the name or identifying numbers or characteristics, or you can check the list of doctors who have submitted a signed statement to the Settlement Facility stating that they used only Dow Corning breast implants. If you can prove that you were implanted by one of the doctors on the list during the time frame listed in the affirmative statement, then you can rely on the doctor’s affirmative statement as ID.
You must establish that you had or have a Dow Corning breast implant to be eligible for benefits from the Settlement Facility.
|
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, 2012 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH NOV 30, 2012 |
|
RUPTURE |
21,904 |
71% | 40% |
$ 421,573,823.94 |
|
EXPLANT |
28,631 |
99% | 96% |
$ 138,578,435.07 |
|
EXPLANT ASSISTANCE |
611 |
92% | 83% |
$ 3,018,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
286 |
N/A | 92% |
$ 620,200.00 |
|
EXPEDITED RELEASE |
23,864 |
92% | 88% |
$ 44,357,206.43 |
|
DISEASE OPTION 1 |
28,255 |
84% | 70% |
$ 416,811,141.03 |
|
DISEASE OPTION 2 |
1,435 |
31% | 24% |
$ 184,192,766.26 |
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
104,906 |
N/A |
$ 1,209,152,213.83 |
Class 7 – Silicone Gel Material Claims
The Settlement Facility has informed the CAC that it completed processing of the remaining Class 7 disease claims last month. Some claimants have a deficiency in their disease claim and have one year to cure that deficiency. While the Settlement Facility waits for claimants’ cure deadline of October 2013 to run, they are making plans for the final distribution of payments to approved disease claimants. We are working with the SF-DCT to finalize a payment plan to begin immediately after court approval. We do not have an exact date for this.
The claims that have been on hold pending resolution of the marshaling dispute remain on hold. The Claims Administrator has not made a decision made about whether certain claims have marshaled and are thus eligible for payment from Class 7. The CAC is working to resolve this issue, particularly since the MDL 926 settlement closed in December 2010. As a result, Class 7 claimants cannot get any payments from that settlement.
Class 7 Processing: Approximately 15,230 claimants in Class 7 – Silicone Gel Material Claims – have been approved for either an Expedited Release Payment ($600) or a Disease Cash-Out Offer ($3,000). Total payments to date from the Class 7 Fund are approximately $22.8 million. The total fund is $57.5 million NPV.
|
Class 7 – Silicone Gel Material Claims |
|
|
# Class 7 Forms Filed |
55,912 |
|
Failed Prescreen – Ineligible Implant – Failed Marshalling |
38,1174 |
|
Foreign Gel Claims Approved & Paid $600 |
716 |
|
Expedited Release Claims Approved & Paid $600 |
6,886 |
|
# of Disease Cash-Out Offers of $3,000 |
7,628 |
|
TOTAL PAYMENTS OR CASH-OUT OFFERS |
15,230 |
|
TOTAL # of Claims Paid (excluding those who rejected the Cash-Out Offer) |
13,856 |
|
TOTAL AMT PAID as of 11-30-12 |
$22,831,117.39 |
TOTAL CLAIMS PAID TO DATE
11/30/2012
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 |
$425,716,847.19 |
$139,407,282.87 |
N/A |
$3,181,841.10 |
$40,545,822.58 |
$590,272,138.81 |
N/A |
N/A |
$1,199,123,932.55 |
|
CLASS 6.1 |
$13,989,750.51 |
$4,341,969.90 |
N/A |
$12,000.00 |
$3,048,243.85 |
$8,312,218.48 |
N/A |
N/A |
$29,704,182.74 |
|
CLASS 6.2 |
$3,584,000.00 |
$235,750.00 |
$1,191,000.00 |
$0.00 |
$133,700.00 |
$2,419,550.00 |
N/A |
N/A |
$7,564,000.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$109,700.00 |
N/A |
N/A |
N/A |
$109,700.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$376,800.00 |
N/A |
N/A |
N/A |
$376,800.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,831,117.39 |
$0.00 |
N/A |
N/A |
$22,831,117.39 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,757,145.10 |
N/A |
$2,866,500.00 |
$14,175,000.00 |
$18,928,645.10 |
|
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 |
$443,426,597.70 |
$143,985,002.77 |
$1,191,000.00 |
$3,193,841.10 |
$68,958,378.92 |
$601,003,907.29 |
$3,086,125.00 |
$15,225,875.00 |
$1,280,070,727.78 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,428 |
28,177 |
N/A |
643 |
20,480 |
28,311 |
N/A |
N/A |
99,039 |
|
CLASS 6.1 |
1,169 |
1,465 |
N/A |
4 |
2,550 |
777 |
N/A |
N/A |
5,965 |
|
CLASS 6.2 |
512 |
129 |
398 |
0 |
191 |
601 |
N/A |
N/A |
1,831 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
92 |
N/A |
N/A |
N/A |
92 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
628 |
N/A |
N/A |
N/A |
628 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,856 |
0 |
N/A |
N/A |
13,856 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,758 |
N/A |
476 |
497 |
2,757 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,137 |
29,771 |
398 |
647 |
39,816 |
29,689 |
540 |
561 |
124,559 |
5. 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.
|
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.