CLAIMANTS' ADVISORY COMMITTEE

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 15, No. 4, April 4, 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.

 

 

STATUS OF PREMIUM PAYMENTS

Dow Corning filed a motion to stay the issuance of the partial Premium Payments that the District Court approved on December 27, 2017. Both the CAC and Dow Silicones Corp. have submitted briefs to the District Court. The CAC strongly opposes Dow's motion to stay and has urged the Court to allow the payments to be made now. The matter is currently under advisement. We do not know when the Court will rule. We will post any updates on our website, Facebook page, and in newsletters.

At the same time, Dow Corning filed a Notice of Appeal to the Court of Appeals for the Sixth Circuit asking that court to reverse the District Court's approval of partial Premium Payments. Dow Silicones Corp. brief was filed on Monday, April 2, 2018. A copy of the brief is available on the CAC website at http://www.tortcomm.org/premiumpayments.shtml (click on document #25). The CAC's brief is due on May 1, 2018.

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

We have received hundreds of calls about the Notice of Termination letter sent by the Settlement Facility. Many have expressed difficulty contacting the Settlement Facility office. Their office hours are Monday - Thursday, 10 am ET - 5 pm ET, and Friday from 10 am ET - 4 pm ET. To reach a staff member, call 866-874-6099. When it says to press "1" for claims, press 1, then after that press "4." This will allow you to reach a staff member directly without navigating the answering machine and recording.

The CAC does not have access to individual claimant files, so we cannot assist you with specific questions about the status of your claim. You must call the Settlement Facility for this information.

Law firms - if you would like a list of all of the claimants for which you are listed as Attorney of Record at the Settlement Facility, then contact the Settlement Facility at info@sfdct.com and they will provide you with this list.

 

INFORMATIONAL LETTER SENT TO ALL LAW FIRMS

In late March 2018, the Settlement Facility mailed a letter on behalf of the CAC to all attorneys and law firms who represent claimants in the Settlement Facility. The letter contains important information about how long attorneys may keep claimant payments in their IOLTA or trust account, how to return funds to the Settlement Facility when a client cannot be located, and how to submit a lien for attorney fees and expenses on awards. A copy of the letter is also available on the CAC website, www.tortcomm.org.

 

RESEARCH FINDS LINK BETWEEN BREAST IMPLANTS AND A RARE IMMUNE SYSTEM CANCER

The New York Times recently updated its 2017 news story reporting on additional deaths from breast implant-associated anaplastic large-cell lymphoma to textured breast implants. The number of reported cases rose from 359 to 414 over the past year. For more information on this story, you can visit the FDA website at https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/BreastImplants/ucm239995.htm and at: https://www.webmd.com/breast-cancer/news/20180323/more-cases-of-breast-implant-linked-cancer

 

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. The financial assistance program for explantation that was operated by the Common Benefit Fund was suspended in January 2018.

 

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. ALL claimants must submit a Proof of Manufacturer Form with supporting documents on or before June 3, 2019.

 

 

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.