Dow Corning Bankruptcy Settlement
Volume 14, No. 8, June 22, 2017
Contact the CAC at: info@tortcomm.org or
phone: (419) 394-0717 or
visit our website at: 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 144th e-newsletter (Vol. 14, No. 8) 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 PREMIUM PAYMENT MOTION
The Finance Committee’s motion to authorize partial Premium Payments to those persons who have not yet received them is fully briefed and awaiting court order. We do not know when the court will rule. All motions and related pleadings are available to read on our website: http://www.tortcomm.org/premiumpayments.shtml
SETTLEMENT FACILITY TO BEGIN REVIEWING CLAIMS WHERE MEDICAL RECORDS WERE TIMELY SUBMITTED BUT CLAIMANT DID NOT SEND IN A CLAIM FORM
The CAC has learned that a significant number of Class 5, 6.1, and 6.2 Dow Corning breast implant claimants (maybe even as large as 20,000 claimants) submitted their medical records to the Settlement Facility by the Explant and/or Rupture deadlines, but they did NOT include a claim form with the submission, such as a Proof of Manufacturer form, Explant Form, or Rupture form. As a result, these claims were not reviewed when they should have been reviewed. The Settlement Facility will begin identifying files that may be eligible for review and will send claimants a letter stating that if they submit the missing claim form within six months of the date of the letter, their claim could be approved and paid (assuming the medical records otherwise meet the Plan’s criteria). The Settlement Facility will send claimants the claim form that needs to be completed. If there is also a deficiency in the claim, the claimant will be notified and given an opportunity to cure the problem such as with other Notification of Status letters.
This process may take some time to complete. Please be patient. The CAC has asked that this task be given the highest priority. You may also call or email the Settlement Facility directly to determine if you need to submit the missing claim form. We suggest sending an email to: info@sfdct.com. Please note that this review does not apply if your medical records were sent in AFTER the Explant deadline (June 2, 2014) and/or Rupture deadline (June 1, 2006).
Some claimants may also have sent in medical records for a disease review and failed to send in the Expedited Release or Disease Claim Form. These claims will also be identified, and the Settlement Facility will notify affected claimants and will provide them with the relevant claim form.
STATUS OF CLAIMS PROCESSING AT THE SETTLEMENT FACILITY
Claims processing at the Settlement Facility is current. This means that you can submit forms and documents for Proof of Manufacturer and Expedited Release or Disease payments now and have them reviewed. Claim forms can be downloaded on the CAC website at: http://www.tortcomm.org/sfdct_forms.shtml
The deadline to submit claims is June 3, 2019. No claims will be accepted for payment if they are postmarked after June 3, 2019. This includes Proof of Manufacturer claim forms, Expedited Release or Disease claim forms, and Increased Severity claims.
CLAIMS PAYMENTS FROM JUNE 1, 2004 – MAY 2017
The Settlement Facility has processed and approved 136,290 claims for payments, including 23,254 ruptured Dow Corning breast implant claims, 32,613 claims for explantation or having a Dow Corning breast implant removed, and, significantly, 31,650 disease claims for women with Dow Corning breast implants and an additional 1,763 disease claims in Class 7 / the Silicone Gel Material fund. Most disease claims were approved for a condition called "Atypical Connective Tissue Disease" or "ACTD." The total claims payout to date is $1.345 billion.
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5/31/2017 |
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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 |
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CLASS 5 |
$427,296,547.19 |
$146,604,228.39 |
N/A |
$4,206,791.10 |
$45,858,499.00 |
$619,747,072.60 |
N/A |
N/A |
$1,243,713,138.28 |
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CLASS 6.1 |
$14,184,750.51 |
$4,608,969.90 |
N/A |
$12,000.00 |
$3,319,943.85 |
$9,617,218.48 |
N/A |
N/A |
$31,742,882.74 |
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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 |
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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 |
$25,559,573.45 |
$13,428,488.95 |
N/A |
N/A |
$38,988,062.40 |
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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 |
$445,320,297.70 |
$151,464,698.29 |
$1,314,000.00 |
$4,233,791.10 |
$77,468,111.40 |
$647,269,630.03 |
$3,090,625.00 |
$15,265,875.00 |
$1,345,427,028.52 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
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CLASS 5 |
21,510 |
29,626 |
N/A |
848 |
23,156 |
29,466 |
N/A |
N/A |
104,606 |
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CLASS 6.1 |
1,187 |
1,554 |
N/A |
4 |
2,777 |
1,011 |
N/A |
N/A |
6,533 |
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CLASS 6.2 |
529 |
138 |
438 |
5 |
251 |
1,173 |
N/A |
N/A |
2,534 |
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CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
101 |
N/A |
N/A |
N/A |
101 |
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CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
861 |
N/A |
N/A |
N/A |
861 |
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CLASS 7 |
N/A |
N/A |
N/A |
N/A |
16,808 |
1,692 |
N/A |
N/A |
18,500 |
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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 |
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TOTAL |
23,254 |
31,318 |
438 |
857 |
45,978 |
33,342 |
541 |
562 |
136,290 |
DEADLINE AND OTHER REMINDERS
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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. |
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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. |
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ATTORNEY FEE LIMITS AND EXPENSES: The Plan sets a cap on the attorney fees payable to your attorney (if you were represented individually on your claim). 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. |
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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.
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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.