CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 10, No. 5, September 18, 2013
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 102nd e-newsletter (Vol. 10, No. 5) 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.
________________________________________________________________________________________________________
1. STATUS OF CAC'S MOTION TO RESOLVE THE DISPUTE OVER THE INTEREST ON THE INITIAL PAYMENT
The CAC filed a motion on August 5, 2013 with the District Court seeking an order resolving the dispute over the “Initial Payment” made by Dow Corning. The matter had previously been briefed to the Court of Appeals for the Sixth Circuit, which had affirmed the District Court's order that Dow Corning was not entitled to a time value credit on the Initial Payment based on the Time Value Credit provisions in the Plan. However, the Sixth Circuit left open the question – which was neither advanced or argued by either party -- whether Dow Corning could claim an adjustment in its favor based on some other Plan provision. The CAC's motion makes clear that Dow Corning is not entitled to any adjustment. A copy of the motion is available on the CAC's website under “Pending Motions.”
On September 9, 2013, Dow Corning filed its Response to the Motion. The CAC's Reply is due September 27, 2013, and an oral argument is scheduled for October 24th in Detroit.
2. STATUS OF PREMIUM PAYMENTS
There is, unfortunately, no news or development on the issue of when Premium Payments will be made. The motion remains pending before the District Court. We do not have any more current information on this issue.
3. REMINDER: THE EXPLANT DEADLINE IS JUNE 2, 2014
The CAC would like everyone to be mindful of the next approaching deadline in this case. It is the Explant Deadline that is on June 2, 2014. This may seem like a long time away, but our experience has been that it can take several months or longer to schedule an examination and surgery date, plus it takes time to get copies of the surgical (operative) report. If you want to have your Dow Corning breast implant removed and be eligible for the $5,000 payment (Class 5), please do not wait until the last minute to pursue this claim.
We would also like claimants to be mindful that you cannot be reimplanted with another silicone gel breast implant when your Dow Corning breast implant is removed. If you do, then you will not be approved for the Explant claim. You can, however, receive a replacement saline breast implant. More information on the Explant deadline is listed below.
What is the Explant Deadline? To be eligible for the $5,000 Explant benefit (Class 5 only), 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 by the June 2, 2014 deadline. Only claimants in Class 5 and 6.1 (non-U.S. Dow Corning breast implant claimants) are eligible for the Explant Payment.
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.
Claim forms are available on both the CAC website (www.tortcomm.org) and the Settlement Facility website (www.sfdct.com).
4. STATUS OF PAYMENTS TO CLASS 7 APPROVED DISEASE CLAIMS
The CAC is working with the Claims Administrator and Dow Corning to finalize payments to the remaining Class 7 disease claimants who rejected the Cash-Out offer. We do not have a final schedule for when payments will be issued at this time, but we hope to be able to report on one in the near future.
5. 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.
The Claims Administrator reported that in the last mailing for the Explant Deadline reminder, there were over 38,000 letters to claimants in the U.S. that were returned because the claimant had moved and the forwarding address had expired. In addition, there were 1,900 letters to non-U.S. claimants and 2,600 letters to attorneys of record that were returned because the address was no longer valid.
This puts a tremendous burden on the Settlement Facility to try and locate claimants and attorneys who have moved and who have not updated their address with them. Thousands 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.
6. ESTATE CLAIMS
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 court appointed Personal Representative of the estate.
7. CLAIMS REPORT THRU AUGUST 2013
The Settlement Facility has released information about the status of claims processing and payments through August 31, 2013, The information is summarized below:
Through August 31, 2013, the SF-DCT has received 80,198 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 65,797 or 82.04% have acceptable proof of at least one Dow Corning breast implant. Of the 65,797 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,912 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) |
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|
|
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CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH AUG 31, 2013 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH AUG 31, 2013 |
|
RUPTURE |
21,912 |
71% | 40% |
$ 421,700,723.94 |
|
EXPLANT |
28,867 |
99% | 96% |
$ 139,733,535.07 |
|
EXPLANT ASSISTANCE |
628 |
92% | 83% |
$ 3,099,241.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
294 |
N/A | 92% |
$ 879,000.00 |
|
EXPEDITED RELEASE |
24,183 |
92% | 88% |
$ 44,645,247.24 |
|
DISEASE OPTION 1 |
28,442 |
84% | 70% |
$ 419,220,519.20 |
|
DISEASE OPTION 2 |
1,451 |
31% | 23% |
$ 186,319,209.42 |
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
105,777 |
N/A |
$ 1,215,597,475.97 |
|
8/31/2013 |
|
|
|
|
|
|
|
|
|
|
INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS) |
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|
|
|
|
||||
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
OTHER PRODUCTS PREMIUM PAYMENT |
TOTAL |
|
CLASS 5 |
$425,802,747.19 |
$140,524,882.87 |
N/A |
$3,262,441.10 |
$41,002,563.39 |
$594,683,710.14 |
N/A |
N/A |
$1,205,276,344.69 |
|
CLASS 6.1 |
$13,989,750.51 |
$4,365,969.90 |
N/A |
$12,000.00 |
$3,069,843.85 |
$8,396,218.48 |
N/A |
N/A |
$29,833,782.74 |
|
CLASS 6.2 |
$3,605,000.00 |
$239,250.00 |
$1,215,000.00 |
$0.00 |
$143,500.00 |
$2,459,800.00 |
N/A |
N/A |
$7,662,550.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$112,600.00 |
N/A |
N/A |
N/A |
$112,600.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$408,600.00 |
N/A |
N/A |
N/A |
$408,600.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,783,286.79 |
$0.00 |
N/A |
N/A |
$22,783,286.79 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,761,145.10 |
N/A |
$2,866,500.00 |
$14,215,000.00 |
$18,972,645.10 |
|
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 |
$443,533,497.70 |
$145,130,102.77 |
$1,215,000.00 |
$3,274,441.10 |
$69,437,389.13 |
$605,539,728.62 |
$3,086,125.00 |
$15,265,875.00 |
$1,286,482,159.32 |
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|
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,432 |
28,401 |
N/A |
660 |
20,711 |
28,492 |
N/A |
N/A |
99,696 |
|
CLASS 6.1 |
1,169 |
1,473 |
N/A |
4 |
2,568 |
787 |
N/A |
N/A |
6,001 |
|
CLASS 6.2 |
515 |
131 |
406 |
0 |
205 |
611 |
N/A |
N/A |
1,868 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
95 |
N/A |
N/A |
N/A |
95 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
681 |
N/A |
N/A |
N/A |
681 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,839 |
0 |
N/A |
N/A |
13,839 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,762 |
N/A |
476 |
498 |
2,762 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,144 |
30,005 |
406 |
664 |
40,122 |
29,890 |
540 |
562 |
125,333 |
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.
|
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.