CLAIMANTS’ ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 11, No. 7, May 8, 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 112th e-newsletter (Vol. 11, No. 7) 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.
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UPDATE ON THE STATUS OF MAILING PARTIAL PREMIUM PAYMENTS
The Settlement Facility has begun mailing partial Premium Payment checks! We know you are anxious to receive your check and to know what amount you will be receiving. The CAC does not have access to this information. You must contact the Settlement Facility directly with information requests like this. Their email is: info@sfdct.com. Please include your SID number (not your Social Security number) on all correspondence with the Settlement Facility so that they can easily locate your claim.
The Settlement Facility will continue mailing award letters and payments until all approved awards have been issued. Please be patient. This process will take six – nine months to complete because it involves tens of thousands of claim checks and a total disbursement of approximately $100 million.
QUESTIONS AND ANSWERS
Please review the last newsletter — April 10, 2014 –
for common Q&A’s about the partial Premium Payments.
MEDICARE LIENS
Q. Are the partial premium payments subject to Medicare liens for medical treatment provided to the claimant subsequent to the settlement back in late 2002? Do attorneys for these claimants have any reporting requirement or withholding requirement for these payments.
A. First, a disclaimer: The CAC is prohibited from offering or rendering legal advice generally or specifically, so any response herein is for information only, based on our understanding of events, and any decision on the legal effect or requirements, such as reporting or withholding funds, is strictly the responsibility of the claimant’s attorney and not the CAC or its members.
The intent of the Settlement Agreement with the U.S. Government was to free claimants and their attorneys from any concern over, and liability for, Medicare liens against benefits paid by the SF-DCT arising from Medicare payments to medical providers for treatment claimants received related to their covered implants, meaning implants that were eligible and approved by the SF-DCT for benefit payments, including Medicare payments already made or "…made in the future." Settlement Agreement, page 1, paragraph B and page 3, paragraph 5. The Settlement Agreement covers Medicare "payments made (or to be made in the future) and medical services provided (or to be provided in the future) …" under the Medicare Acts. All these claims, as to payments received or to be received in the future from the SF for covered implants, are released as well as the released parties, which are defined as "…the Personal Injury Claimants…" and "…each of their respective attorneys, employees and officers, heirs, executors, estates, guardians or administrators."
The Medicare settlement with the US Government does not cover "non-covered implants", nor does it cover state Medicaid claims, or subrogation claims from those medical insurance companies not part of that separate group settlement made years ago.
UPDATE ON APPEALS IN THE COURT OF APPEALS FOR THE 6TH CIRCUIT
1. Even though partial Premium Payments are being issued, Dow Corning is pursuing its appeal on whether the District Court should have approved these payments at 50% at this time. Dow Corning filed its appeal on April 23rd. A copy is available on the CAC website. Our response is due on May 27th. We do not have a date for oral argument.
2. The second appeal on whether tissue expanders implanted in the breast are "Breast Implants" as that term is defined in the Plan is fully briefed. Oral argument before the Court of Appeals has been set for June 27th.
3. Dow Corning’s appeal on the time value credit for the Initial Payment is also fully briefed. We do not have a date for oral argument.
URGENT – FINAL NOTICE!!
THE EXPLANT CLAIM DEADLINE – JUNE 2, 2014 – If you do not submit your Explant Claim Form by this deadline, your claim for $5,000 (Class 5) to have your Dow Corning breast implants removed will be permanently barred.
*** 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.
IF YOU FAIL TO SUBMIT THE EXPLANT CLAIM FORM BY JUNE 2, 2014 AND MEET THE CRITERIA FOR THE EXPLANT PAYMENT, YOU CANNOT SEEK BENEFITS FOR EXPLANTATION (REMOVAL OF YOUR DOW CORNING BREAST IMPLANTS) IN THE FUTURE.
EXPEDITED RELEASE PAYMENTS
Claimants who have acceptable proof of a Dow Corning Breast Implant and who do NOT want to pursue a Disease claim can apply for the $2,000 Expedited Release Payment (Class 5 amount). Claimants will not be eligible to file a Disease Claim or receive a Premium Payment on a Disease claim, and they forever waive their rights permanently to seek a Disease Payment. The Settlement Facility is able to process and issue payment for Expedited Release claims quickly. The final deadline to file a Disease claim is June 3, 2019. At that time, all claimants with an acceptable Dow Corning Breast Implant should file either a Disease Claim or an Expedited Release Claim.
UPDATE ON SETTLEMENT FACILITY PAYMENTS SINCE JUNE 1, 2004
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3/31/2014 |
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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 |
$426,396,547.19 |
$142,414,749.12 |
N/A |
$3,594,683.60 |
$41,592,604.41 |
$599,097,247.25 |
N/A |
N/A |
$1,213,095,831.57 |
|
CLASS 6.1 |
$14,037,750.51 |
$4,437,969.90 |
N/A |
$12,000.00 |
$3,109,443.85 |
$8,580,218.48 |
N/A |
N/A |
$30,177,382.74 |
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CLASS 6.2 |
$3,626,000.00 |
$242,750.00 |
$1,215,000.00 |
$15,000.00 |
$149,800.00 |
$2,500,050.00 |
N/A |
N/A |
$7,748,600.00 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$117,400.00 |
N/A |
N/A |
N/A |
$117,400.00 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$514,800.00 |
N/A |
N/A |
N/A |
$514,800.00 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,889,366.79 |
$0.00 |
N/A |
N/A |
$22,889,366.79 |
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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 |
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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 |
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TOTAL |
$444,196,297.70 |
$147,095,469.02 |
$1,215,000.00 |
$3,621,683.60 |
$70,291,410.15 |
$610,177,515.73 |
$3,086,125.00 |
$15,265,875.00 |
$1,294,949,376.20 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,462 |
28,782 |
N/A |
726 |
21,010 |
28,664 |
N/A |
N/A |
100,644 |
|
CLASS 6.1 |
1,173 |
1,497 |
N/A |
4 |
2,601 |
809 |
N/A |
N/A |
6,084 |
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CLASS 6.2 |
518 |
133 |
405 |
5 |
214 |
616 |
N/A |
N/A |
1,891 |
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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 |
858 |
N/A |
N/A |
N/A |
858 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,908 |
0 |
N/A |
N/A |
13,908 |
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CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,763 |
N/A |
476 |
498 |
2,763 |
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CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
261 |
N/A |
64 |
64 |
391 |
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TOTAL |
23,181 |
30,412 |
405 |
735 |
40,714 |
30,089 |
540 |
562 |
126,638 |
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.
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Deadline Date |
Type of Deadline |
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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) |
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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.