Dow Corning Bankruptcy Settlement

Volume 14, No. 9, July 19, 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.

 

 

SETTLEMENT FACILITY BEGINS PLANS TO CLOSE FACILITY IN 2019

The FINAL deadline to submit a claim in the Dow Corning Settlement Plan is JUNE 3, 2019. Any claim submitted after this date will NOT be allowed and will be permanently denied. This deadline includes but is not limited to the following:

-         Disease Claim Form and supporting documentation

-         Increased Severity requests for already approved Disease claims

-         Expedited Release Form

-         Proof of Manufacturer Form and supporting documentation (submitting the Proof of Manufacturer form and acceptable proof that you have or had a Dow Corning breast implant is required for every claimant before they can receive any payment)

-         Requests for Re-Review

-         Requests for Error Correction

-         Appeals to the Claims Administrator and/or Appeals Judge

-         Lien Claim Forms

-         Supplying missing probate documents

-         Correcting any and all deficiencies in a claim for cure deadlines that have not yet expired. If your cure deadline has already passed, then your only option would be to appeal your claim denial to the Claims Administrator and then to the Appeals Judge. 

If you have any type of documentation that is needed to have a claim approved, it MUST be submitted on or before JUNE 3, 2019, UNLESS AND ONLY UNLESS you receive a letter from the Settlement Facility that gives you a deadline other than June 3, 2019. Follow whatever deadline is in a letter from the Settlement Facility that is addressed specifically to your claim.

We are stressing the June 3, 2019 deadline now because past experience has shown that hundreds of claimants missed filing deadlines in the past and were denied benefits. You must mail your claim forms and documents ON OR BEFORE June 3, 2019. If the envelope is postmarked later than June 3, 2019, it WILL NOT be considered.

If you have a cure deadline that has not yet expired, file or fix your claim deficiency now to avoid being late and having your claim denied. Certain types of claim deficiencies did not have a cure deadline, such as problems with Proof of Manufacturer. Those claims, like all other claims, have a June 3, 2019 deadline to fix the problem with the claim or they will be permanently denied.

We are trying to keep everyone informed and updated so if you know others who would like to receive a copy of the newsletter, please tell them to register on our website, www.tortcomm.org. This is the best way to receive current, updated information on a monthly basis.  In addition, the Settlement Facility will mail a CLOSING NOTICE to all Class 5, 6.1, and 6.2 claimants in early 2018.  This likely will be the final and only notice of the closing claimants and attorneys will receive from the Settlement Facility.

 

HOW CAN I GET HELP IF I HAVE A DEFICIENCY IN MY CLAIM?

First, take action immediately. You can talk with a reviewer at the Settlement Facility and ask them to explain why your claim was denied and what you need to do to fix the problem. Call their office using their toll free number: 1-866-874-6099 and set up an appointment.

Second, don’t wait until the last minute to try and obtain documents that may be needed to support a disease claim or fix a problem with your disease submission. It can take several weeks to either get a doctor’s appointment that may be needed and/or to obtain medical records.

Third, the CAC has a section on its website that provides very detailed information about disease claims, what documents are required for each disease claim, what type of doctor you must see to qualify, and how to fix deficiencies or problems in your claim. Review these carefully. The Guidelines are at: http://www.tortcomm.org/diseaseclaims.shtml

In addition, review the Disease Claimants Information Guide. It has many common Questions and Answers about filing a disease claim. You can access it at: http://www.tortcomm.org/diseaseclaims.shtml

Fourth, if you need help with probate documentation, contact the Settlement Facility and find out what documents you need. Sometimes – especially for payments that are relatively small – you may be able to contact the probate division of your local court to complete a Small Claims Estate form. You should also consider contacting an attorney in your area who handles probate issues. This process can take time so start on your probate documentation as soon as the Settlement Facility informs you what is needed to pay the deceased’s claim.

Last, submit your missing documents by the deadline listed in your Notification of Status letter. The Settlement Facility does NOT allow late claims for any reason.

Claim forms for Disease / Expedited Release and the Proof of Manufacture Form can be downloaded and printed from the CAC website at: http://www.tortcomm.org/sfdct_forms.shtml

You do not need a claim form for Increased Severity. Simply send a letter and supporting documents to the Settlement Facility informing them that you wish to be reviewed for Increased Severity. Please review the criteria for Increased Severity BEFORE you submit a claim. Not all claims that have an increased severity from the time the claim was approved are eligible.

 

UPDATE ON BREAST IMPLANTS AND HEALTH CONSEQUENCES

The Philadelphia Enquirer recently published an article covering breast implants and the risks of lymphoma and other health consequences. If you are interested, the article link is:

http://www.philly.com/philly/health/health-news/rare-cancer-reignites-debate-over-breast-implants-safety-20170710.html

 

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.

 

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 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.

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.