CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 11, No. 4, March 4, 2014
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 109th e-newsletter (Vol. 11, 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.
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.
_____________________________________________________________________________________________
STATUS OF PARTIAL PREMIUM PAYMENTS
On Feb. 25, 2014, the District Court DENIED Dow Corning's request to stay (or stop) the partial Premium Payments. A copy of the Order is on our website at www.tortcomm.org under "Court Orders." On Feb. 28, 2014, Dow Corning filed an appeal on this issue with the Court of Appeals for the Sixth Circuit. The appeal was filed under seal because of the confidential nature of the report of the Independent Assessor, so it will not be available to read. We will continue to vigorously oppose Dow Corning's motion. We hope to have a ruling from the 6th Circuit Court within the next 4-6 weeks on this motion to stay. Please note that this ruling will be only on the issue of staying (stopping) the Premium Payments while the appeal on the merits of whether Premium Payments should be made is pending.
On March 3, 2014, the Court of Appeals granted the CAC's motion to expedite the briefing and decision on Dow Corning's appeal of the Order allowing Partial Premium Payments. We do not have a schedule yet when the briefing is due, but we will continue to update the website with news and rulings.
STATUS OF TISSUE EXPANDERS
Briefing on Dow Corning's second appeal on the issue of whether tissue expanders are "Breast Implants" is now complete with the 6th Circuit. We expect to receive a date for oral argument soon, and we hope that the Court of Appeals will rule promptly on this appeal since it has already heard this appeal once before. A copy of all briefs are available on the CAC's website.
SOCIAL MEDIA ISSUES
It has come to our attention that there is at least one attorney who is posting on social media that she is the "Dow Settlement Attorney." This person is not connected with the Dow Corning Settlement Facility, Claimants' Advisory Committee, or any of the Dow Corning companies, and, to our knowledge, has not represented any claimants in this case. This person has created an event concerning the Explant Deadline of June 2, 2014. Please note that attorneys are prohibited under the Plan from charging any legal fees for the Explant Payment. The overwhelming majority of claimants do not need an attorney to file this claim for you. For more information about what you need to do to file an Explant claim, please review the claim form instructions that are available on our website (www.tortcomm.org) under the heading "SFDCT Forms and Guidelines."
EXPLANT CLAIM DEADLINE – JUNE 2, 2014
URGENT REMINDER THAT THE DEADLINE TO FILE AN EXPLANT CLAIM IS JUNE 2, 2014. TO BE ELIGIBLE, YOU MUST HAVE YOUR DOW CORNING BREAST IMPLANT REMOVED AND YOU MUST SUBMIT THE EXPLANT CLAIM FORM AND OPERATIVE REPORT ON OR BEFORE JUNE 2, 2014. IF YOU HAVE ANY QUESTIONS ABOUT YOUR ELIGIBILITY, PLEASE CONTACT THE SETTLEMENT FACILITY OFFICES.
To file an Explant Claim, you must complete and sign the Explant Claim Form by the deadline and submit a copy of one of the following medical records that show that your Dow Corning breast implant was removed after December 31, 1990 an on or before June 2, 2014:
a. An itemized hospital bill; or
b. The bill from the surgeon who removed your breast implants; or
c. The surgical report; or
d. An insurance company's statement of benefits; or
e. Contemporaneous hospital records (including the hospital pathology report); or
f. The contemporaneous office notes from the surgeon who removed your breast implants; or
g. A pre-operative medical document, together with confirmation from a medical provider or insurance company that the surgery actually took place as scheduled.
Remember, you cannot receive silicone gel breast implants to replace your removed Dow Corning breast implants or your entire Explant Payment will be denied. Claimants may receive a replacement SALINE breast implant however.
For more information, please review the Instructions to the Explant Claim Form and the Claimant Information Guide.
STATUS OF "CANADIAN" CLAIMS DISPUTE
The CAC is continuing its efforts to find a resolution to a certain group of claims that were processed by the Settlement Facility as being eligible for Class 6.1, but a subsequent review of the status shows that the claimants might have been eligible for one of the Canadian subclass settlements (Class 6A, 6B, or 6C). Unfortunately, by the time the errors were caught, the deadline for the Canadian settlements had passed and/or the offices were closed and the funds disbursed. We do not have anything more specific to report at this time on this issue.
STATUS OF CLASS 7 PROCESSING AND PAYMENTS
We continue to work to reach an agreement with the Debtor's Representatives to allow the disputed Class 7 disease claims to be processed. This will then allow all the remaining approved Class 7 Disease Claims to be paid. We ask for your patience for just a short while longer while we finalize the details.
STATUS OF CLAIMS PROCESSING AND PAYMENTS AS OF JANUARY 31, 2014
Through January 31, 2014, the SF-DCT has received 80,585 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 66,037 or 82% have acceptable proof of at least one Dow Corning breast implant. Of the 66,037 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,937 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 JAN 31, 2014 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH JAN 31, 2014 |
|
RUPTURE |
21,937 |
71% | 40% |
$ 422,132,723.94 |
|
EXPLANT |
29,098 |
99% | 96% |
$ 140,852,410.07 |
|
EXPLANT ASSISTANCE |
667 |
92% | 83% |
$ 3,298,641.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
297 |
N/A | 92% |
$ 888,000.00 |
|
EXPEDITED RELEASE |
24,584 |
92% | 88% |
$ 45,168,688.26 |
|
DISEASE OPTION 1 |
28,569 |
84% | 70% |
$ 420,998,453.02 |
|
DISEASE OPTION 2 |
1,461 |
31% | 23% |
$ 187,541,353.54 |
|
|
|
|
|
|
TOTAL |
106,613 |
N/A |
$ 1,220,880,269.93 |
TOTAL CLAIMS PAYMENTS THROUGH JANUARY 31, 2014
|
1/31/2014 |
|
|
|
|
|
|
|
|
|
|
INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS) |
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|
|
|
|
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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 |
$426,177,747.19 |
$141,608,007.87 |
N/A |
$3,461,841.10 |
$41,385,004.41 |
$597,594,038.08 |
N/A |
N/A |
$1,210,226,638.65 |
|
CLASS 6.1 |
$14,037,750.51 |
$4,407,969.90 |
N/A |
$12,000.00 |
$3,097,443.85 |
$8,463,218.48 |
N/A |
N/A |
$30,018,382.74 |
|
CLASS 6.2 |
$3,626,000.00 |
$241,000.00 |
$1,224,000.00 |
$0.00 |
$147,700.00 |
$2,482,550.00 |
N/A |
N/A |
$7,721,250.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$117,400.00 |
N/A |
N/A |
N/A |
$117,400.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$513,000.00 |
N/A |
N/A |
N/A |
$513,000.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,880,486.79 |
$0.00 |
N/A |
N/A |
$22,880,486.79 |
|
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,762,145.10 |
N/A |
$2,866,500.00 |
$14,215,000.00 |
$18,973,645.10 |
|
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 |
$443,977,497.70 |
$146,256,977.77 |
$1,224,000.00 |
$3,473,841.10 |
$70,059,030.15 |
$608,539,806.56 |
$3,086,125.00 |
$15,265,875.00 |
$1,291,883,153.28 |
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,451 |
28,619 |
N/A |
699 |
20,905 |
28,614 |
N/A |
N/A |
100,288 |
|
CLASS 6.1 |
1,173 |
1,487 |
N/A |
4 |
2,591 |
798 |
N/A |
N/A |
6,053 |
|
CLASS 6.2 |
518 |
132 |
409 |
0 |
211 |
615 |
N/A |
N/A |
1,885 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
99 |
N/A |
N/A |
N/A |
99 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
855 |
N/A |
N/A |
N/A |
855 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,897 |
0 |
N/A |
N/A |
13,897 |
|
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,763 |
N/A |
476 |
498 |
2,763 |
|
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
|
TOTAL |
23,170 |
30,238 |
409 |
703 |
40,582 |
30,027 |
540 |
562 |
126,231 |
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.