CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER

Dow Corning Bankruptcy Settlement

 

Volume 13, No. 7, December 14, 2016

Contact the CAC at: info@tortcomm.org or

phone: (419) 394-0717

fax: (419) 394-1748

www.tortcomm.org

 

 

CAC                                                                                                                            Sybil Niden Goldrich

P.O. Box 665                                                                                                              Ernest Hornsby, Esq.

St. Marys, OH 45885                                                                        Dianna Pendleton-Dominguez, Esq.

 

 

This is the 136th e-newsletter (Vol. 13, 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. f 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.

 

MERRY CHRISTMAS AND HAPPY HOLIDAYS TO EVERYONE!

 

STATUS OF PREMIUM PAYMENTS

We have received and reviewed the annual report on funding and claims payments from the Independent Assessor. The Finance Committee requested that both parties – the CAC and the Debtor's Representatives - submit written statements to them stating their position whether they believe the report supports making additional Premium Payments now. Those statements have been provided. An informal hearing was held last week in Detroit with the Finance Committee and presentations were made by both the CAC and Dow Corning to the Finance Committee. The CAC firmly believes that the Independent Assessor's report supports paying 50% of all categories of Second Priority Payments (i.e., Premium Payments on Rupture and Disease claims). The CAC supports paying 50% Premium Payment to all claimants who did not receive their 50% Premium Payment several years ago and to all approved disease claims when they are approved, paying 50% of the Class 16 claims, and paying 50% of Increased Severity allowed claims in Disease Option 2. We are now waiting on the Finance Committee's decision. They have indicated that they will inform the District Court by the end of 2016 about whether they will recommend any Premium Payments to be paid at this time. We will post news about their decision on our website.

If the Finance Committee recommends making 50% Premium Payments, we expect Dow Corning to oppose this. This means that there would be briefings and a hearing before the District Court and then a ruling from the District Court. We are hopeful that this the briefing and hearing can be concluded by March 2017. We will continue to post all updates on our website.

We do NOT expect the Finance Committee to recommend paying 50% Premium Payments to those who have already received a 50% Premium Payment. It is likely that this final Premium Payment will be made at or near the end of the Settlement Plan in 2019 after all claims have been processed.

 

CLAIMS PROCESSING AT THE SF-DCT

The Settlement Facility is current in processing all Disease claims. This means that claims can be submitted and reviewed in less than 2 months. It is important that claimants and law firms be mindful of the FINAL deadline to file a Disease claim – June 3, 2019. This may seem like a long time away, but our experience is that it often takes months and months of doctor's visits and tests and then additional time to obtain the necessary medical records, letters, and reports needed to document a claim. To help claimants better understand what documents are needed to support a claim, you can visit our website at www.tortcomm.org and click on "Disease Claims."  If you are considering filing a Disease claim, we urge you to review the materials on our website prior to filing a claim. This may help you avoid receiving a notice about a "deficiency" in your submission, i.e., something missing in your submission that prevents your claim from being approved.

 

EXPEDITED RELEASE CLAIMS

If you do not have a Disease claim now and do not intend to file one by June 3, 2019, AND you have acceptable proof that you have or had a Dow Corning breast implant, then you can submit a claim form for the $2,000 (U.S.) Expedited Release claim (amounts are different for Class 6.1 and 6.2). You can download a copy of the Expedited Release claim form here: 

Class 5: http://www.tortcomm.org/downloads/CLASS%205%20DISEASE%20or%20EXPEDITED%20CLAIM%20FORM.pdf

Class 6.1 and Class 6.2 (available in different languages):

https://www.sfdct.com/_sfdct/index.cfm/how-to-file-a-claim-for-benefits/claim-forms-by-class/

 

INCREASED SEVERITY DISEASE 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.

 

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.  At this time, there is $3.6 million in outstanding "stale" checks, i.e., checks that were issued for approved claims but which have not been cashed. For example, the following claim totals are "stale":

            18 approved Rupture claims totaling $344,000

            69 approved Explant claims totaling $336,600

            807 approved Expedited Release claims totaling $1,524,904 (of these, 560 are in Class 7 – the Silicone Gel Claim Fund)

            123 approved Disease claims totaliing $1,386,750

Some of the reasons these checks are "stale" is that claimants have moved and the Settlement Facility has not been able to locate them despite using several different services that try to locate and find people. Please send your updated name and address and any contact 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.  If a claimant has passed away, her estate can still pursue her claim and receive payment.  To do this, the claimant's heirs must submit required papers showing that they are the legal representative of the claimant's estate. Contact the Settlement Facility if you are pursuing a claim on behalf of a claimant who is deceased. They can give you information about how to proceed to receive the payment for which the claimant was approved.

 

CLAIMS PAYMENTS (CLASSES 5, 6.1, AND 6.2)

The most recent claims processing report for November 2016 shows that the Settlement Facility has paid $1.34 billion in claim payments for 135,793 approved claims.

11/30/2016

INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS)

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

OTHER PRODUCTS PREMIUM PAYMENT

TOTAL

CLASS 5

$427,208,547.19

$146,585,634.71

N/A

$4,206,791.10

$45,589,913.27

$617,196,951.87

N/A

N/A

$1,240,787,838.14

CLASS 6.1

$14,136,750.51

$4,599,969.90

N/A

$12,000.00

$3,280,343.85

$9,089,218.48

N/A

N/A

$31,118,282.74

CLASS 6.2

$3,703,000.00

$251,500.00

$1,314,000.00

$15,000.00

$177,800.00

$4,480,350.00

N/A

N/A

$9,941,650.00

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

$25,304,537.39

$13,091,698.10

N/A

N/A

$38,396,235.49

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

$224,125.00

$1,050,875.00

$1,436,850.00

TOTAL

$445,184,297.70

$151,437,104.61

$1,314,000.00

$4,233,791.10

$76,906,989.61

$643,858,218.45

$3,090,625.00

$15,265,875.00

$1,341,290,901.47

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

 

TOTAL

CLASS 5

21,505

29,622

N/A

848

23,020

29,389

N/A

N/A

104,384

CLASS 6.1

1,183

1,551

N/A

4

2,744

926

N/A

N/A

6,408

CLASS 6.2

529

138

438

5

254

1,174

N/A

N/A

2,538

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

16,704

1,642

N/A

N/A

18,346

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

65

64

392

TOTAL

23,245

31,311

438

857

45,708

33,131

541

562

135,793

 

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.