CLAIMANTS' ADVISORY COMMITTEE

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 15, No. 2, January 25, 2018

 

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Email: info@tortcomm.org or

Phone: (419) 394-0717 or

Website: www.tortcomm.org

 

 

CAC Sybil Niden Goldrich

P.O. Box 665 Ernest Hornsby, Esq.

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

 

 

 

NOTICE OF FINAL CLAIMS SUBMISSION DEADLINE AND CLOSING OF THE SETTLEMENT FACILITY OFFICES

On January 31, 2018, the Settlement Facility will send out a 1-page court-approved "Notice" regarding the final claims submission deadline of June 3, 2019 and the closing of the Settlement Facility offices shortly thereafter. The Notice is reprinted at the end of this newsletter.

We have received many inquiries about the final claims submission deadline and what it means. Within the next several weeks, there will be an online Q&A that has more details. Also, the CAC website has claim forms and other information that you can download and use to submit a claim. If you cannot download the claim forms, send an email to the Settlement Facility at info@sfdct.com and they will mail you a copy.

It is very important that women read the Notice carefully. Here are our Top 10 Tips For Dealing With the Final Claims Deadline of June 3, 2019:

1.      If the only document you submitted in this case is the Proof of Claim form in the bankruptcy, this is NOT enough to qualify for a payment. You must submit the Proof of Manufacturer Form and documents showing that you have or had a Dow Corning breast implant. If you want to apply for the $2,000 Expedited Release payment, you must also complete the Expedited Release/Disease claim form. The only requirement to be paid for Expedited Release is that you have acceptable Proof of Manufacturer.

2.      If the only document you submitted in this case was something sent to the MDL settlement, this is NOT enough to qualify for payment. You can rely on medical records you sent to the MDL, but you must submit the Settlement Facility's Proof of Manufacturer Form and the Expedited Release / Disease claim form.

3.      The Plan did not provide for cure deadlines for Proof of Manufacturer or Expedited Release. If you received a Notification of Status letter stating that your Proof of Manufacturer is deficient, you must correct the deficiencies by submitting documents on or before June 3, 2019. You probably will not receive a letter from the Settlement Facility telling you about your cure deadline (although we are working to urge the Settlement Facility to send these letters), but everyone must cure any deficiency in their claim on or before June 3, 2019. The only exception is if you received a different deadline in writing from the Settlement Facility. If you have any question about what your cure deadline is, contact the Settlement Facility and ask them.

4.      Many people who contact us tell us they do not know what class they are in. It is very important that you figure this out now so that you can submit the correct claim forms on or before June 3, 2019. The only claims that are allowed at this point are for those women who have or had a Dow Corning breast implant. If you are a U.S. citizen, resident alien, or if you were implanted in the U.S., then you are in Class 5. If you are not a U.S. citizen and were not implanted in the U.S., review the online Claimant Information Guide at Tab 2 here: http://www.tortcomm.org/infoguide.shtml to see if you belong in either Class 6.1 or Class 6.2. You must submit claim forms for the correct class. If you are in Class 5, complete the Class 5 claim forms. If you are in Class 6.1, complete the claim forms for that class. The same is true for Class 6.2 claims. If you complete the wrong claim forms, this will cause delay in processing your claim.

5.      Many women submitted the Proof of Manufacturer Form but have not submitted the Expedited Release / Disease claim form. If all you submit is the Proof of Manufacturer Form and nothing else, then you will not be paid anything. The Settlement Facility will not automatically issue Expedited Release Payments to you. If you do not complete and submit the Expedited Release claim form on or before June 3, 2019, you will miss getting $2,000 (Class 5), $1,200 (Class 6.1), or $700 (Class 6.2) Do not miss getting your payment. Take action now.

6.      If you want to submit a Disease claim and need help, we have a list of attorneys with experience in this settlement who have offered to accept new clients. Send an email to info@tortcomm.org and we will send you a list of attorneys that you can choose from. It is not important to select an attorney based on how close they are to you geographically. It is more important to select an attorney who is already knowledgeable about this settlement and has experience getting claims approved.

7.      If a claimant has passed away, the claimant's estate can still submit a claim for payment. The personal representative of the claimant's estate can submit probate documents to the Settlement Facility showing (s)he is the court-appointed representative. The Settlement Facility will issue payment to that person. If you have any questions about what documents the Settlement Facility will need from the probate court, contact the Settlement Facility.

8.      Keep your address and contact information updated. There are thousands of claimants who submitted a claim that has been approved, but they moved and cannot be located. Do not let this happen to you. Even if you are represented by an attorney, send your updated address and contact information to the Settlement Facility.

9.      Do not wait until the last minute to gather your documents or submit a claim. Take action now to avoid delay. Many people wait until the last minute to try and obtain medical records or to send in documents. This causes a lot of delay in processing claims and in analyzing and getting approval for final premium payments. Also, do not be late in sending in claim forms. The forms and documents MUST BE POSTMARKED on or before June 3, 2019. Send your documents in well in advance of this date. We suggest sending them by certified mail so that you have a receipt showing the date and that it is before June 3, 2019. The Settlement Facility has rejected hundreds of claims over the past 15 years because claimants have missed the deadline by a day. There will not be any extensions, so send your forms and documents in as soon as possible. Don't let your payment be denied because you were a day late sending in the form.

10.  SIGN YOUR CLAIM FORMS. Many women complete the forms and send them in but forget to sign the form. If you do not sign the form, it will be determined to be a deficiency that must be fixed within a specific deadline. While this may seem easy to do, it is surprising how many women do not respond to letters from the Settlement Facility asking them to fix this small problem. Do not let your payment be delayed or even denied permanently simply because you forgot to sign the claim form(s).

UPDATE ON PREMIUM PAYMENTS

As of the date of this newsletter, Dow Corning has not filed a Notice of Appeal of the court's order authorizing partial Premium Payments to those who did not receive this payment in 2014-15. We expect them to file an appeal. The deadline to do so is 30 days after the December 27, 2017 Order. This means that Dow Corning must file something by tomorrow, January 26, 2018. We will post something on our website (www.tortcomm.org) if we receive anything.

 

CLAIMS PAYMENTS THROUGH DECEMBER 31, 2017

12/31/2017
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	$427,636,547.19	$146,661,828.39	N/A	$4,206,791.10	$46,254,753.14	$621,635,041.54	N/A	N/A	$1,246,394,961.36
CLASS 6.1	$14,196,750.51	$4,620,969.90	N/A	$12,000.00	$3,329,543.85	$9,623,218.48	N/A	N/A	$31,782,482.74
CLASS 6.2	$3,703,000.00	$251,500.00	$1,314,000.00	$15,000.00	$177,100.00	$4,536,350.00	N/A	N/A	$9,996,950.00
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	$518,400.00	N/A	N/A	N/A	$518,400.00
CLASS 7	N/A	N/A	N/A	N/A	$25,550,566.33	$13,532,808.24	N/A	N/A	$39,083,374.57
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	$445,672,297.70	$151,534,298.29	$1,314,000.00	$4,233,791.10	$77,868,158.42	$649,327,418.26	$3,090,625.00	$15,265,875.00	$1,348,306,463.77
	RUPTURE	EXPLANT	INCREASED EXPLANT	EXPLANT ASSISTANCE (EAP)	EXPEDITED	DISEASE	MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)	OTHER PRODUCTS PREMIUM PAYMENT	TOTAL
CLASS 5	21,527	29,638	N/A	848	23,359	29,524	N/A	N/A	104,896
CLASS 6.1	1,188	1,558	N/A	4	2,785	1,012	N/A	N/A	6,547
CLASS 6.2	529	138	438	5	253	1,176	N/A	N/A	2,539
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	864	N/A	N/A	N/A	864
CLASS 7	N/A	N/A	N/A	N/A	16,800	1,706	N/A	N/A	18,506
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	23,272	31,334	438	857	46,186	33,418	541	562	136,608

 

STALE CHECKS -- As of December 31, 2017, there is $3,815,770 in "stale" checks for 1,131 claims. This means that claims have been approved, payment was sent to the claimant or her attorney, but the check was not cashed before it expired (180 days). The overwhelming majority of stale checks are for Disease claims. There are 120 approved Disease Payments in Class 5 and 84 Disease Payments in Class 7 (Silicone Gel Fund) totaling $1,715,280. For Rupture, there are 19 stale checks totaling $364,000, and for Explant there are 72 stale checks totaling $351,600.

The main reason checks go stale is because the claimant has moved and has not updated her address with the Settlement Facility. When a check is mailed to the last known address, it is returned as undeliverable because the forwarding address has expired. Contact the Settlement Facility to determine if you might be one of the claimants who has a pending approved claim. The Settlement Facility will re-issue new checks to claimants as long as they contact them on or before June 3, 2019.

 

 

 

COURT-APPROVED NOTICE OF FINAL CLAIMS SUBMISSION DEADLINE IN THIS CASE AND CLOSING OF THE SF-DCT OFFICES

 

NOTICE OF TERMINATION OF SETTLEMENT PROGRAM, CLOSING OF SF-DCT OFFICES

END OF PROCESSING OF BREAST IMPLANT CLAIMS,

FINAL DEADLINE FOR FILING CLAIMS: JUNE 3, 2019

Please read carefully. This Notice affects your legal rights.

The Settlement Facility -- Dow Corning Trust ("SF-DCT" or Settlement Facility) is the claims office that processes and pays claims in the Dow Corning breast implant settlement. The Dow Corning Plan provides that the settlement program will terminate after 15 years which means that the program will stop accepting claims on June 3, 2019. All claims, documents, and submissions must be sent to the Settlement Facility on or before June 3, 2019. They must be postmarked on or before June 3, 2019 or they will not be considered. There will be no extensions.

You may receive or may have previously received a letter from the Settlement Facility giving you a deadline to cure deficiencies in a claim. The June 3, 2019 final deadline DOES NOT CHANGE any deadline in a letter from the Settlement Facility. If you have any questions about your deadline, contact the Settlement Facility. If you do not comply with your deadline, your claim will be denied.

Go to the SF-DCT website or contact the Settlement Facility for information about your claim and rights. The Settlement Facility has posted a Notice with details about: how to apply for either the Expedited Release or Disease Payment, how to apply for an Increased Severity disease claim, how to submit an appeal to the Claims Administrator and Appeals Judge, and how to get claim forms and other information to help you file a claim. All documents and forms are on the websites below or call the Settlement Facility to get any form or document mailed to you. Please keep your address current.

 

Settlement Facility Contact Information:

Phone: 1-866-874-6099 Email: info@sfdct.com

Website: www.sfdct.com or www.dcsettlement.com

Mailing address: Settlement Facility; P.O. Box 52429; Houston, TX 77052-2429

Claimants' Advisory Committee Contact Information:

Phone: 419-394-0717 Email: info@tortcomm.org

Website: www.tortcomm.org

Facebook: Claimants' Advisory Committee, Dow Corning Breast Implant Claims

FINAL DEADLINE: JUNE 3, 2019. NO EXTENSIONS.

 

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 or by email to: info@sfdct.com.

PROBATE INFORMATION (BENEFITS PAYABLE AFTER A CLAIMANT'S DEATH): If a claimant has died, her estate can receive the claimant's approved payments, but they must contain 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 or by email at info@sfdct.com.

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 postmarked on or before the posted deadline. Please mail all forms early enough so your claim will not be late.

 

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.