CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 13, No. 5, July 14, 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 134th e-newsletter (Vol. 13, 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.
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STATUS OF CLASS 7 (SILICONE GEL CLAIMS)
Since the Class 7 Consent Order was approved by the District Court, the Settlement Facility has issued 6,392 “Cash Out” payments totaling approximately $19 million to the “disputed marshalling group.” In addition, 1,623 disease benefit payments have been approved and issued totaling approximately $12 million. All approved payments have been issued except for those held for various reasons like a missing foreign identification, missing signature on a claim form, bad address, probate problems, etc. If you have not heard anything from the Settlement Facility about the status of your Class 7 claim or if you have a question or issue about your Class 7 claim, contact them at the number and/or email address listed below.
Settlement Facility phone number: 1-866-874-6099
Settlement Facility email address: info@sfdct.com
There are approximately 845 claimants that the Settlement Facility cannot locate because mail to their address was returned as undeliverable. Another 321 payments are now “stale” which means that claimants did not cash their check within the applicable time period. If this applies to your claim, contact the Settlement Facility immediately to have a new check issued.
STATUS OF PREMIUM PAYMENTS
We do not have an update on when the Finance Committee will make a recommendation to issue Premium Payments. The CAC strongly believes – and has urged the Finance Committee – that the remaining partial Premium 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, Dow Corning may file an objection, and the Court will then have to decide whether to approve the payments.
We understand that this is very disappointing. We can assure you that the CAC will continue its efforts to convince the Finance Committee to make the recommendation as soon as possible.
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 at any level below Level “A” 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.
UPDATE YOUR NAME, ADDRESS, AND CONTACT INFORMATION
REMINDER: Keep your name, address, and contact 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. Send your updated information to the Settlement Facility at the address listed below:
Settlement Facility – Dow Corning Trust
P.O. Box 52429
Houston, TX 77052-2429
IN ADDITION, MANY CLAIMS THAT ARE APPROVED FOR PAYMENT ARE PLACED ON HOLD BECAUSE OF PROBATE PROBLEMS. IN OTHER WORDS, IF A CLAIMANT PASSES AWAY, THEN THE PLAN ALLOWS THE CLAIMANT'S ESTATE TO ACCEPT PAYMENT THROUGH THE PROBATE COURT. Contact the Settlement Facility for information or assistance about what documents are needed for probate.
EXPEDITED CLAIM / DISEASE CLAIM FORM DEADLINE IS JUNE 3, 2019
The final deadline in the Plan to file a claim for disease or expedited release payments for women who have or had a Dow Corning breast implant is June 3, 2019. This is less than 3 years from now. This is also the deadline to file an Increased Severity disease claim. If you believe that you have an eligible disease or qualify for an Increased Severity payment, we urge you to start working on that claim now. Our experience has been that it can take several months or longer to obtain all the necessary medical documentation and disability letters from treating physicians. For more information on the eligible diseases and criteria, visit the CAC's website at: www.tortcomm.org/diseaseclaims.shtml.
If you do not have a disease claim, then you may be eligible for an Expedited Release Payment of $2,000 (Class 5, Dow Corning Breast Implant claimant). This means that all women who have a letter from the Settlement Facility stating that they are approved for a Dow Corning breast implant are eligible to file the Expedited Release claim form and receive $2,000 (Class 5) (the Class 6.1 payment is $1,200 and the Class 6.2 payment is $700). You can download the Expedited Release claim form on the CAC website (www.tortcomm.org) or at the Settlement Facility website at www.sfdct.org. The deadline to file the Expedited Release Claim Form is June 3, 2019.
CLAIMS PAYMENTS (CLASSES 5, 6.1, AND 6.2)
Since the Plan's inception on July 1, 2004, the Settlement Facility has paid out approximately $1.335 billion in claims payments. Of this, Classses 5, 6.1, and 6.2 (women with Dow Corning breast implants) have had:
• 23,202 approved Rupture payments
• 32,585 Explant payments
• 26,625 Expedited Release payments, and
• 31,278 approved Disease payments.
An updated chart showing the claims paid and payments made for all classes is available on the CAC website.
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.