CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 13, No. 2, March 22, 2016
Contact the CAC at: info@tortcomm.org or
phone: (419) 394-0717
fax: (419) 394-1748
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
This is the 131st e-newsletter (Vol. 13, No. 2) 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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STATUS OF CLASS 7 CONSENT ORDER
During February and through March 2016, the Settlement Facility has paid most of the approved Class 7 disease claims. In addition, the Settlement Facility mailed Disease Cash-Out and Expedited Release payments to the "Disputed Marshalling" group. Some additional payments may be made in April 2016 for claims that were held back because of probate, missing signatures, or other issues such as lack of proper identification. For example, non-U.S. citizen/residents who are in Class 7 need to provide a proper identification such as a copy of a passport or government issued ID card before they can receive payment.
If you have any questions about your claim and payment status, contact the Settlement Facility directly at: info@sfdct.com or by phone at: 866-874-6099.
STATUS OF PREMIUM PAYMENTS
We do not have an update on when the Finance Committee will make a recommendation to pay the partial Premium Payments to claimants whose payment was stopped because of the ruling by the Court of Appeals for the Sixth Circuit. The CAC strongly believes – and has urged the Finance Committee – that these payments should be made immediately. We are hopeful that they will file a recommendation with the Court sometime this year. Once a recommendation is filed, the District Court must still approve it.
There is no update on when the final 50% Premium Payment will be made.
INCREASED SEVERITY CLAIMS
The Settlement Plan provides that claimants can assert an "Increased Severity" claim in certain circumstances. Please read the following criteria carefully to see if you quality:
Disease Option 1 –
CRITERIA:
1. If your disease claim was approved in Disease Option 1 (such as ACTD or ANDS disease claims), AND your disease now qualifies for Severity Level A (100% total disability), you can submit a claim to the $15 million capped fund.
2. The fund is only for claims that now qualify for Level A. This means that if your disease severity level increased from Level C to Level B, you would NOT be eligible. The criteria for eligible diseases is listed on the CAC website at: www.tortcomm.org/diseaseclaims.shtml. Please note that GCTS is eligible only as a Disease Option 2 claim. The criteria for Disease Option 1 Severity Level A is further described within each disease criteria.
3. It is important to remember that these Increased Severity claims for Option 1 will not be paid until after ALL submissions to this fund are reviewed and evaluated after the June 3, 2019 deadline. If you have all the medical documentation needed to qualify for Severity Level A, you can submit a claim now and have it reviewed. Please do not wait until the 2019 deadline to submit a claim if you have one because this can delay processing of your claim.
4. It is also highly likely that the Increased Severity payments could be reduced because all Disease Option 1 Increased Severity claims must be paid out of the $15 million fund.
5. Finally, if your disease claim was approved in Disease Option 1, you CANNOT now apply for a Disease Option 2 disease or Increased Severity claim for Disease Option 2. You can only claim Increased Severity for Disease Option 1.
Disease Option 2 –
CRITERIA:
1. If your disease claim was approved in Disease Option 2, you can apply for an Increased Severity Level if you now have a disease or condition that qualifies for a higher level payment.
2. This fund is NOT capped. Increased Severity claims in Disease Option 2 are paid as "Second Priority Payments" just like Premium Payments are paid.
There is no claim form for Increased Severity claims. Also, you do not need your ID labels that were mailed to you previously. When you send in your medical documentation for an Increased Severity claim, you should note clearly on your cover letter that you are submitting an Increased Severity claim and which Disease Option you were previously approved for (Option 1 or Option 2) and provide your SID number. If you cannot remember which Disease Option you were approved for, please contact the Settlement Facility at 1-866-874-6099 or via email at info@sfdct.com before preparing and submitting your claim. This will help your claim processing move more quickly.
REMINDER: KEEP YOUR ADDRESS AND CLAIM INFORMATION CURRENT WITH THE SETTLEMENT FACILITY!! EVERY YEAR, MANY CLAIM PAYMENTS AND CORRESPONDENCE ARE RETURNED TO THE SF-DCT BECAUSE CLAIMANTS AND ATTORNEYS HAVE MOVED AND DID NOT PROVIDE A FORWARDING ADDRESS.
CLAIMS PAYMENTS (CLASSES 5, 6.1, AND 6.2)
Through February 29, 2016, the SF-DCT has received 82,098 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 67,521 or 83% have acceptable proof of at least one Dow Corning breast implant. Of the 67,521 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,989 women have been approved for a Rupture claim for their Dow Corning silicone gel breast implant.
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CLASS 5, 6.1 AND 6.2 |
(EXCLUSIVE OF NOI PAYMENTS) |
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(DOW CORNING BREAST IMPLANT CLAIMS) |
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CLAIM CATEGORY |
NUMBER OF CLAIMS PAID THROUGH FEB 29, 2016 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH FEB 29, 2016 |
|
RUPTURE |
21,989 |
72% | 40% |
$ 423,001523.94 |
|
EXPLANT |
30,140 |
99% | 87% |
$ 145,902,786.91 |
|
EXPLANT ASSISTANCE |
821 |
98% | 92% |
$ 4,058,591.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
324 |
N/A | 69% |
$ 972,000.00 |
|
EXPEDITED RELEASE |
26,323 |
92% | 89% |
$ 48,500,725.39 |
|
DISEASE OPTION 1 |
29,634 |
83% | 74% |
$ 429,954,423.34 |
|
DISEASE OPTION 2 |
1,525 |
32% | 23% |
$ 195,365,998.75 |
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|
|
|
|
|
|
|
|
|
|
TOTAL |
110,756 |
N/A |
$ 1,247,756,049.43 |
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NOI CLAIMS – CLASS 5 & 6. & 6.2 |
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TOTAL FORMS FILED |
FORMS FILED WITH POM |
ACCEPTABLE POM |
APPROVED |
COMPLETE |
# CLAIMS PAID |
TOTAL AMT PAID |
|
RUPTURE |
1,948 |
1914 |
1,638 |
1,158 |
1,614 |
1,156 |
$21,349,374 |
|
MEDICALLY CONTRAINDICATED |
18 |
16 |
15 |
2 |
10 |
0 |
0 |
|
EXPLANT |
1,683 |
1,661 |
1,442 |
1094 |
1,442 |
1,094 |
$5,320,368 |
|
INCREASED EXPLANT |
299 |
299 |
288 |
112 |
292 |
113 |
339,000 |
|
EAP |
118 |
114 |
56 |
40 |
45 |
36 |
$175,200 |
|
TOTALS |
4,066 |
4,004 |
3,439 |
2,406 |
3,403 |
2,399 |
$27,183,941 |
TOTAL CLAIMS PAYMENTS FROM JUNE 1, 2004 – FEBRUARY 29, 2016
|
2/29/2016 |
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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 |
$426,988,547.19 |
$146,493,634.71 |
N/A |
$4,206,791.10 |
$44,570,941.54 |
$612,225,853.61 |
N/A |
N/A |
$1,234,485,768.15 |
|
CLASS 6.1 |
$14,097,750.51 |
$4,587,969.90 |
N/A |
$12,000.00 |
$3,221,043.85 |
$8,628,218.48 |
N/A |
N/A |
$30,546,982.74 |
|
CLASS 6.2 |
$3,703,000.00 |
$249,750.00 |
$1,311,000.00 |
$15,000.00 |
$166,600.00 |
$4,466,350.00 |
N/A |
N/A |
$9,911,700.00 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$119,800.00 |
N/A |
N/A |
N/A |
$119,800.00 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$516,600.00 |
N/A |
N/A |
N/A |
$516,600.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$22,931,966.79 |
$0.00 |
N/A |
N/A |
$22,931,966.79 |
|
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 |
$444,925,297.70 |
$151,331,354.61 |
$1,311,000.00 |
$4,233,791.10 |
$73,444,947.28 |
$625,320,422.09 |
$3,086,125.00 |
$15,265,875.00 |
$1,318,918,812.78 |
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|
RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,494 |
29,603 |
N/A |
848 |
22,509 |
29,172 |
N/A |
N/A |
103,626 |
|
CLASS 6.1 |
1,178 |
1,547 |
N/A |
4 |
2,694 |
815 |
N/A |
N/A |
6,238 |
|
CLASS 6.2 |
529 |
137 |
437 |
5 |
238 |
1,171 |
N/A |
N/A |
2,517 |
|
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
101 |
N/A |
N/A |
N/A |
101 |
|
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
861 |
N/A |
N/A |
N/A |
861 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
13,938 |
0 |
N/A |
N/A |
13,938 |
|
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 |
23,229 |
31,287 |
437 |
857 |
42,365 |
31,158 |
540 |
562 |
130,435 |
· The most recent Class 7 Disease, Disease Cash-Out and Expedited Release payments are not included in this chart.
DEADLINE REMINDERS
Please mark your calendar with the following claim submission deadline. Please note that this deadline means 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 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) Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2. |
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.
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.