Dow Corning Bankruptcy Settlement

Volume 14, No. 5, April 20, 2017

 

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 141st e-newsletter (Vol. 14, 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.

REMINDER:  FINAL DEADLINE TO FILE A CLAIM IS JUNE 3, 2019

The FINAL deadline to file a claim for either Disease or Expedited Release is June 3, 2019. After this date, the Settlement Facility offices will permanently close to all new claims. After reviewing claims submitted by the deadline, the Settlement Facility will begin to wind up operations to close down permanently.

You MUST submit the claim forms and supporting documents to the Settlement Facility on or before June 3, 2019.  We urge everyone to mail the documents so that they are RECEIVED by the Settlement Facility by June 3, 2019 and/or that you send your forms and documents by certified mail or an overnight service so that you can prove that they were mailed on time. Many claimants have been denied benefits because they mailed their forms in late. Also, please remember to SIGN YOUR CLAIM FORMS. Some claimants have forgotten to sign their claim form.  Unsigned claim forms will be returned to you, and this will cause delays in processing your claim.

Claim forms for Proof of Manufacturer and Expedited Release / Disease can be downloaded at the CAC website at: http://www.tortcomm.org/sfdct_forms.shtml or at the Settlement Facility website at www.sfdct.com.

EXPEDITED RELEASE PAYMENT OF $2,000

If you have acceptable proof that you have or had a Dow Corning breast implant, then you are eligible for a $2,000 Expedited Release payment that can be paid now. To apply for this benefit, complete and return the Expedited Release / Disease claim form (it is a combined form), sign and return it to the Settlement Facility. The deadline to apply for this benefit is June 3, 2019.  If you apply for Expedited Release, you cannot apply for a Disease claim.

Remember: you MUST also submit the Proof of Manufacturer form and supporting documents (if you have not done so already) to show that you have or had a Dow Corning breast implant to be eligible for the Expedited Release Payment.

 

DISEASE GUIDELINES FOR ACTD

The disease that is approved most often by the SFDCT is Atypical Connective Tissue Disease (ACTD). To date, 27,911 claimants in Class 5 (U.S. claimants) have been approved for a Level One disease.  Of these, 93% of disease claims approved were for ACTD. To help claimants understand the type of documents needed to qualify for ACTD, the CAC worked with the Settlement Facility to develop “Guidelines” for ACTD. These Guidelines have been available for the past 8+ years on the CAC website at:  http://www.tortcomm.org/downloads/actdfinalposted_to_website_1-12-09_2.pdf.  We will highlight other eligible diseases in future newsletters; however, you can view the Guidelines for the other diseases at the CAC website: www.tortcomm.org, click on Disease Claims.

If you are considering applying for ACTD, we urge you to review the Guidelines carefully. Here is a brief summary: 

1.      To qualify, a claimant must meet any one of the five combinations of eligible findings or symptoms from the list of over 30 eligible ACTD symptoms.

2.      To submit a claim for ACD, you do not need a diagnosis of ACTD. Your doctor does not need to state that your eligible findings and symptoms were caused by breast implants.

3.      You can be compensated for ACTD if you have been diagnosed with Undifferentiated Connective Tissue Disease (UCTD), Fibromyalgia (FM), or Chronic Fatigue Syndrome (CFS).

There are two ways you can qualify for ACTD:

1.      A written evaluation by a Qualified Medical Doctor that documents your symptoms,

and/or

2.      Written medical records from your “Treating Physician” that document your symptoms and disability, along with medical records from any other doctor you have seen that documents your symptoms.

Most claimants who are approved for ACTD do so by submitting medical records from their treating physician. The medical records must show notations where your treating doctor noted eligible symptoms. The symptoms do not have to be noted all in one visit. In fact, some of the symptoms require that they were present on more than one occasion.  Please review and follow the Guidelines very carefully to make sure you have obtained all the medical records needed to approve your claim.  If there are any missing documents or symptoms in your submission, the Settlement Facility will send you a deficiency letter and you will have one year to correct the problem. If you do not correct the problem within that one year, your claim for that disease will be permanently denied.

The Guidelines also list the most common problems claimants have when submitting ACTD claims. Please review these as well because they will help you avoid receiving a deficiency notice from the Settlement Facility.

The deadline to submit a disease claim is June 3, 2019. Do not wait until the last minute to gather your medical records and submit a claim. It can often take several months to schedule doctor’s appointments and obtain medical records and laboratory reports. You must have all of the supporting documents for your claim by June 3, 2109 or your claim can be denied or not even considered.

STATUS OF FINANCE COMMITTEE’S MOTON ON PREMIUM PAYMENTS

We are waiting for the Finance Committee to file a Supplemental brief on April 27th. After that, the CAC and Dow Corning will file a response by May 17th.  We will post copies of the briefs on our website as they are available. We do not know when the Court will rule.

 

UPDATE ON CLAIMS PAYMENTS

The Settlement Facility is current in processing claims for Proof of Manufacturer, Expedited Release, and Disease. To date, the Settlement Facility has paid out over $1.344 billion in claims for approximately 138,000 approved claims. The Settlement Facility has approved 23,253 documented rupture claims, 32,611 Explant , Increased Explant and Explant Assistance claims, 45,830 Expedited Release claims, and 33,247 Disease claims.  Claims forms are available on the CAC website at www.tortcomm.org and on the Settlement Facility website at www.sfdct.com.

3/31/2017

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

$427,288,547.19

$146,595,634.71

N/A

$4,206,791.10

$45,787,679.26

$618,905,943.73

N/A

N/A

$1,242,784,595.99

CLASS 6.1

$14,184,750.51

$4,608,969.90

N/A

$12,000.00

$3,311,543.85

$9,605,218.48

N/A

N/A

$31,722,482.74

CLASS 6.2

$3,703,000.00

$251,500.00

$1,314,000.00

$15,000.00

$175,700.00

$4,476,850.00

N/A

N/A

$9,936,050.00

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

$25,414,786.79

$13,127,788.95

N/A

N/A

$38,542,575.74

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

$445,312,297.70

$151,456,104.61

$1,314,000.00

$4,233,791.10

$77,244,105.00

$646,115,801.16

$3,090,625.00

$15,265,875.00

$1,344,032,599.57

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

 

TOTAL

CLASS 5

21,509

29,624

N/A

848

23,121

29,445

N/A

N/A

104,547

CLASS 6.1

1,187

1,554

N/A

4

2,770

1,010

N/A

N/A

6,525

CLASS 6.2

529

138

438

5

251

1,173

N/A

N/A

2,534

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

16,702

1,619

N/A

N/A

18,321

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

23,253

31,316

438

857

45,830

33,247

541

562

136,044

 

DEADLINE AND OTHER REMINDERS

KEEP CONTACT INFORMATION UPDATED WITH THE SETTLEMENT FACILITY:  Keep all information regarding a claimant’s name, address, phone number, email address, and attorney information current with the Settlement Facility. Attorneys and law firms should also keep their contact information current with the Settlement Facility.  Many claimants have been approved for payments but they have moved and have not provided a current address. Send all updates to the Settlement Facility at:   Settlement Facility, P.O. Box 52429, Houston, TX 77052.

PROBATE INFORMATION:  If a claimant has died, her estate can receive the claimant’s approved payments but they must certain necessary documents from the probate court. For more information on what the Settlement Facility needs, contact them toll free at:  1-866-874-6099.

ATTORNEY FEE LIMITS AND EXPENSES: The Plan limits the amount of money an attorney can recover from a claimant’s award.  The fee limits are:  10% of the first $10,000; 22.5% of the next $40,000; and 30% of amounts in excess of $50,000.  The Plan also lists the types of expenses that attorneys can charge.  For more information on allowable fees and expenses, review the Claimant Information Guide at Section 11 (http://www.tortcomm.org/downloads/CIG_ENG_5.pdf.

EXPLANT ASSISTANCE: The Explant Assistance program in the Dow Corning Settlement Facility expired in 2014. In addition, the MDL 926 Revised Settlement Program that covered other manufacturers like Bristol, Baxter, and 3M closed in 2010 so there are NO explant benefits available from either settlement. HOWEVER, if you still are implanted and need financial assistance to have the breast implants removed, you may be eligible for some financial assistance from a separate program.  Contact Jeff Condra at jcondra@oplc.org for more information.

 

Please mark your calendar with the following claim submission deadline. Please note that this deadline means that your claim forms and supporting documents 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.