CLAIMANTS’ ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 13, No. 6, September 20, 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 135th e-newsletter (Vol. 13, No. 6) 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.
PREMIUM PAYMENTS STATUS
We do not have any news on the issue of Premium Payments. This matter is currently under discussion between the parties and Finance Committee. The next step would be for the Finance Committee to file a motion with the District Court making a recommendation to pay Premium Payments. We will continue to post any updates on this on our website and in the newsletters.
INCREASED SEVERITY CLAIMS
Under certain circumstances, approved Disease claims are eligible to apply for an “Increased Severity” claim. The deadline to submit this claim is the conclusion of the Plan on June 3, 2019. The Settlement Facility has mailed letters to claimants with an approved disease claim about this benefit. Please read the letter carefully. You can also obtain information about Increased Severity claims here or at the CAC website (www.tortcomm.org). 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.
DEADLINE FOR DISEASE OR EXPEDITED RELEASE CLAIMS
The final deadline to file a claim for a Disease or an Expedited Release benefit is June 3, 2019. This is less than 3 years away. Our experience shows that it will take you time to compile your Disease claim, so we urge everyone to NOT WAIT until it gets close to file a Disease claim. The CAC has information on its website to help guide claimants through the necessary documents and symptoms a claimant will need to qualify for a Disease claim: http://www.tortcomm.org/diseaseclaims.shtml
If you have an approved Dow Corning breast implant , you can apply for the $2,000 Expedited Release claim (US Claimants / Class 5; claimants in Class 6.1 and 6.2 are also eligible but are paid slightly different amounts). You can apply for the Expedited Release Payment anytime before June 3, 2019 by submitting the Disease or Expedited Release claim form. If you accept the Expedited Release Payment, this means that you cannot file or receive payment for a Disease claim.
The Class 5 form can be found at this link: http://www.tortcomm.org/downloads/CLASS%205%20DISEASE%20or%20EXPEDITED%20CLAIM%20FORM.pdf
or at the Settlement Facility website link: http://www.sfdct.com/tasks/render/file/?fileid=02C3272B-9D10-4155-933A96A06D17BF1B
Claimants can also download a copy of the Class 6.1 or 6.2 claim form for Disease or Expedited Release by clicking on the links on the Settlement Facility website:
http://www.sfdct.com/_sfdct/index.cfm/how-to-file-a-claim-for-benefits/claim-forms-by-class/
Claimants can also call or email the Settlement Facility office to receive the Disease or Expedited Release claim form for Class 5, 6.1, or 6.2.
REMINDER: The deadline to submit a Disease or Expedited Release claim is June 3, 2019. The deadline to submit a claim for Increased Severity is also June 3, 2019.
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.
CLAIMS PAYMENTS (CLASSES 5, 6.1, AND 6.2)
The Settlement Facility has released information about the status of claims processing and payments through
August 31, 2016, The information is summarized below:
Through August 31, 2016, the SF-DCT has received 82,093 Proof of Manufacturer claim forms in Classes 5, 6.1 and 6.2 (Dow Corning Breast Implant Claims). Of this number, 67,551 or 83% have acceptable proof of at least one Dow Corning breast implant. Of the 67,551 Dow Corning breast implant claimants with acceptable proof of manufacturer, almost 33% (one-third) or 21,993 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 AUG 31, 2016 |
PERCENTAGE OF CLAIMS APPROVED CLASS 5 | CLASS 6 |
TOTAL $$ PAID IN CATEGORY THROUGH AUG 31, 2016 |
|
RUPTURE |
21,993 |
72% | 40% |
$ 423,051,523.94 |
|
EXPLANT |
30,146 |
99% | 87% |
$ 145,926,786.91 |
|
EXPLANT ASSISTANCE |
821 |
98% | 92% |
$ 4,058,591.10 |
|
INCREASED EXPLANT (6.2 ONLY) |
325 |
N/A | 69% |
$ 975,000.00 |
|
EXPEDITED RELEASE |
26,765 |
92% | 89% |
$ 49,334,890.10 |
|
DISEASE OPTION 1 |
29,872 |
83% | 74% |
$ 432,111,036.13 |
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DISEASE OPTION 2 |
1,539 |
32% | 23% |
$ 197,064,234.07 |
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TOTAL |
111,461 |
N/A |
$ 1,252,522,062.25 |
TOTAL CLAIMS PAID FROM JUNE 1, 2004 – PRESENT
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8/31/2016 |
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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 |
$427,068,547.19 |
$146,515,634.71 |
N/A |
$4,206,791.10 |
$45,349,406.25 |
$615,698,201.72 |
N/A |
N/A |
$1,238,838,580.97 |
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CLASS 6.1 |
$14,124,750.51 |
$4,599,969.90 |
N/A |
$12,000.00 |
$3,268,343.85 |
$8,993,218.48 |
N/A |
N/A |
$30,998,282.74 |
|
CLASS 6.2 |
$3,703,000.00 |
$249,750.00 |
$1,314,000.00 |
$15,000.00 |
$175,000.00 |
$4,483,850.00 |
N/A |
N/A |
$9,940,600.00 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$119,800.00 |
N/A |
N/A |
N/A |
$119,800.00 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$516,600.00 |
N/A |
N/A |
N/A |
$516,600.00 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$25,218,137.39 |
$12,869,769.10 |
N/A |
N/A |
$38,087,906.49 |
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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 |
$224,125.00 |
$1,050,875.00 |
$1,436,850.00 |
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TOTAL |
$445,032,297.70 |
$151,365,354.61 |
$1,314,000.00 |
$4,233,791.10 |
$76,565,282.59 |
$642,045,039.30 |
$3,090,625.00 |
$15,265,875.00 |
$1,338,912,265.30 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,498 |
29,608 |
N/A |
848 |
22,899 |
29,324 |
N/A |
N/A |
104,177 |
|
CLASS 6.1 |
1,182 |
1,551 |
N/A |
4 |
2,734 |
912 |
N/A |
N/A |
6,383 |
|
CLASS 6.2 |
529 |
137 |
438 |
5 |
250 |
1,174 |
N/A |
N/A |
2,533 |
|
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 |
16,607 |
1,586 |
N/A |
N/A |
18,193 |
|
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 |
65 |
64 |
392 |
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TOTAL |
23,237 |
31,296 |
438 |
857 |
45,476 |
32,996 |
541 |
562 |
135,403 |
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.