CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER
Dow Corning Bankruptcy Settlement
Volume 14, No. 2, January 25, 2017
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 138th e-newsletter (Vol. 14, 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.
STATUS OF FINANCE COMMITTEE'S MOTON ON PREMIUM PAYMENTS
The Finance Committee recently asked the District Court to approve paying an initial 50% Premium Payment to women who have or had Dow Corning breast implants but have not already received the partial Premium Payment. They did NOT seek approval at this time to pay the remaining 50% Premium Payment. A copy of the Scheduling Order is available on the CAC website (www.tortcomm.org/downloads/2017,1-23SchedulingOrderforPPbriefing.pdf hearing is scheduled for March 23, 2017. We will post copies of all briefs on the website as they become available.
STATUS OF CLASS 7 PROCESSING
All claims classified as Class 7 (Silicone Gel claims) have been processed and claimants have been notified of their claim status. Prior to the approval of the Consent Order for Class 7, approximately $23 million was paid out for 13,939 approved Expedited Release, Cash-Out, and Disease claims. Since the approval of the Consent Order, the SF-DCT has paid an additional $15.3 million for 4,322 approved claims.
There are a number of claims in Class 7 who have not been paid because of minor problems with their claim. Some examples include a missing signature on the claim form (16), a missing foreign ID for non-US implanted claimants (8), or the claim is missing necessary probate documents (8). The SF-DCT has written to claimants in these groups on at least two occasions, and the claimants have not fixed the problem. Soon, these claims will be permanently closed, so we urge claimants who receive a deficiency letter from the SF-DCT to respond within the time deadline designated in their Notification of Status letter from the Settlement Facility.
When all claims are completed and cure deadlines have expired, the Class 7 fund will be closed and claimants will not be allowed to submit anything further or receive payment. If you have any question about the status of your Class 7 claim, we urge you to contact the SF-DCT at their toll-free number: 866-874-6099 or by email at: info@sfdct.com.
STATUS OF CLAIMS PAYMENTS TO ALL CLASSES AS OF DECEMBER 31, 2016
As of December 31, 2016, the SF-DCT has issued payments totaling approximately $1.342 billion. Of this, approximately $1.24 billion was paid to women with Dow Corning breast implants (Class 5). These amounts do not include Premium Payments paid to Class 5, 6.1, and 6.2 claimants.
TOTAL PAYMENTS (EXCLUDING PREMIUM PAYMENTS TO CLASS 5, 6.1, AND 6.2)
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12/31/2016 |
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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 |
$427,208,547.19 |
$146,585,634.71 |
N/A |
$4,206,791.10 |
$45,603,163.71 |
$617,351,951.87 |
N/A |
N/A |
$1,240,956,088.58 |
|
CLASS 6.1 |
$14,172,750.51 |
$4,605,969.90 |
N/A |
$12,000.00 |
$3,301,943.85 |
$9,605,218.48 |
N/A |
N/A |
$31,697,882.74 |
|
CLASS 6.2 |
$3,703,000.00 |
$251,500.00 |
$1,314,000.00 |
$15,000.00 |
$175,700.00 |
$4,487,350.00 |
N/A |
N/A |
$9,946,550.00 |
|
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 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$25,122,606.79 |
$12,872,973.55 |
N/A |
N/A |
$37,995,580.34 |
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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 |
|
TOTAL |
$445,220,297.70 |
$151,443,104.61 |
$1,314,000.00 |
$4,233,791.10 |
$76,757,809.45 |
$644,317,493.90 |
$3,090,625.00 |
$15,265,875.00 |
$1,341,642,996.76 |
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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 |
23,027 |
29,393 |
N/A |
N/A |
104,395 |
|
CLASS 6.1 |
1,186 |
1,553 |
N/A |
4 |
2,762 |
1,010 |
N/A |
N/A |
6,515 |
|
CLASS 6.2 |
529 |
138 |
438 |
5 |
251 |
1,175 |
N/A |
N/A |
2,536 |
|
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 |
16,527 |
1,577 |
N/A |
N/A |
18,104 |
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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 |
65 |
64 |
392 |
|
TOTAL |
23,248 |
31,313 |
438 |
857 |
45,553 |
33,155 |
541 |
562 |
135,667 |
As of December 31, 2016, the SF-DCT has paid approximately $92.14 million for partial Premium Payments to claimants in Class 5, 6.1, and 6.2. A chart showing the amounts paid for Rupture and Disease by class is shown below:
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12/31/2016 |
CUMULATIVE PREMIUM PAYMENTS FOR CLASS 5, 6.1 AND 6.21 |
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PAYMENTS |
Rupture |
Disease |
Total |
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CLASS 5 |
$42,395,384.00 |
$47,412,050.00 |
$89,807,434.00 |
|
CLASS 6.1 |
$1,495,500.00 |
$756,300.00 |
$2,251,800.00 |
|
Class 6.2 |
$63,000.00 |
$15,400.00 |
$78,400.00 |
|
TOTAL |
$43,953,884.00 |
$48,183,750.00 |
$92,137,634.00 |
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CLAIMS PD |
Rupture |
Disease |
Total |
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CLASS 5 |
17,032 |
22,373 |
39,405 |
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CLASS 6.1 |
997 |
710 |
1,707 |
|
Class 6.2 |
72 |
31 |
103 |
|
TOTAL |
18,101 |
23,114 |
41,215 |
URGENT REMINDER: The FINAL DEADLINE to file any and all claims with the Settlement Facility is June 3, 2019. If you have a Disease claim, an Increased Severity disease claim, or if you want to file a claim for an Expedited Release Payment, you MUST SUBMIT YOUR CLAIM FORM AND DOCUMENTS BY JUNE 3, 2019. If you have any questions about your claim, contact the Settlement Facility at 1-866-874-6099.
You do not need a claim form to submit an Increased Severity claim. You can mail your documents to the SF-DCT and request an Increased Severity review. YOU MUST HAVE AN APPROVED DISEASE CLAIM TO BE ELIGIBLE FOR AN INCREASED SEVERITY REVIEW.
PLEASE KEEP YOUR ADDRESS CURRENT WITH THE SF-DCT SO YOU DO NOT MISS ANY INFORMATION ABOUT YOUR CLAIM. ALSO, PLEASE UPDATE ANY CHANGES IN YOUR NAME, EMAIL, PHONE NUMBER, ETC. IT IS VERY IMPORTANT THAT THE SETTLEMENT FACILITY BE ABLE TO LOCATE CLAIMANTS.
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.
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Deadline Date |
Type of Deadline |
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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) 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.