CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 15, No. 5, May 2, 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.
This is the 155th e-newsletter (Vol. 15, 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.
STATUS OF PREMIUM PAYMENTS
Dow Corning's Motion to Stay Issuance of Partial Premium Payments — the motion remains pending before the District Court. We do not know when the court will rule, but until it does, the SF-DCT will not issue the partial premium payments.
Dow Corning's Appeal to the 6th Circuit Court of Appeals on the Partial Premium Payment Order — Dow Corning — now called Dow Silicones Corp. — filed its brief on April 2, 2018. The CAC responded with its brief, filed on May 1, and asked the Court of Appeals to uphold the court's order. In other words, the CAC supports the order that authorized the partial Premium Payments to be made. A date for oral argument has not been set. We do not know when the Court of Appeals will rule.
Copies of all briefs are on the CAC website at www.tortcomm.org.
SETTLEMENT FACILITY — FINAL DEADLINE TO FILE ALL CLAIMS IN CLASSES 5, 6.1, AND 6.2
The Settlement Facility (claims office) will permanently close to ALL CLAIMS in the Dow Corning (now Dow Silicones Corp) settlement on June 3, 2019. This includes:
Expedited Release Payments — if you do not have a Disease claim, you can apply for an Expedited Release Payment of $2,000 (Class 5 — U.S. citizens/permanent residents). To qualify, you must submit two forms: 1) the Proof of Manufacturer Form and supporting documents that show you have or had a Dow Corning breast implant; and 2) the Expedited Release / Disease claim form (this is a combined form. Check Box 2A, then sign and return this and the Proof of Manufacturer form on or before June 3, 2019.
Disease Payments — there are 9 eligible diseases and conditions that you can apply for: they are listed in the following order on the claim form:
Atypical Connective Tissue Disease (ACTD), or
Atypical Neurological Disease (ANDS), or
Primary Sjogren's Syndrome, or
Mixed Connective Tissue Disease / Overlap Syndrome, or
Systemic Scleroderma, or
Systemic Lupus, or
Polymyositis, or
Dermatomyositis, or
General Connective Tissue Symptoms.
Most claimants have been approved for Atypical Connective Tissue Disease (ACTD).
To qualify for a Disease Payment, you must submit two forms: 1) the Proof of Manufacturer Form and supporting documents that show you have or had a Dow Corning breast implant, and 2) the Expedited Release / Disease claim form and supporting medical records that meet the disease and disability or severity criteria for the disease you are applying for. You must check only ONE of the 9 diseases listed above on the form or the Settlement Facility will return the form to you and will not review your claim.
Increased Severity Disease Claims — if you have previously been approved for a Disease Payment, you may be eligible to apply for an Increased Severity Payment if you meet the criteria for a higher paying disease in your Disease Option. For more information, review the Disease Claimant Information Guide, Section 6, pages 16-17 at: http://www.tortcomm.org/downloads/CLASS%205%20DISEASE%20CLAIMAINT%20INFORMATION%20GUIDE.pdf
Claim Forms — claim forms can be printed or downloaded at: http://www.tortcomm.org/sfdct_forms.shtml
Disease Guidelines - for more information on how to submit a Disease claim, review the Disease Guidelines and the Disease Claimant Information Guide on our website at http://www.tortcomm.org/diseaseclaims.shtml The Guidelines provide very detailed information about the type of medical records needed, the eligible symptoms that can qualify you for a Disease Payment, and the type of doctor and lab tests that you will need. We strongly urge you to not delay in scheduling appointments so that you can obtain all your medical records and lab test results to meet the June 3, 2019 claims deadline.
Disease Claimant Information Guide — this also contains detailed Q&As on the disease and disability / severity levels. It is on our website at: http://www.tortcomm.org/downloads/CLASS%205%20DISEASE%20CLAIMAINT%20INFORMATION%20GUIDE.pdf
SFDCT Q&As — review the Q&As about the closing of the SFDCT here: https://www.sfdct.com/_sfdct/index.cfm/questions-and-answers-regarding-final-deadline/
NO LATE CLAIMS WILL BE ALLOWED.
ATTORNEYS — IF YOU HAVE CLAIMANT PAYMENTS IN YOUR TRUST ACCOUNT LONGER THAN 180 DAYS, THE PAYMENT(S) MUST BE RETURNED TO THE SETTLEMENT FACILITY.
For more information on issues related to claim payments that are being held in attorney trust accounts, please review the Settlement Facility and CAC letter dated March 2018 that is posted on the CAC website Home Page. Claim payments may not be held in the trust account longer than 180 days or else the payment must be returned to the SFDCT.
The SFDCT has also posted additional Q&As for attorneys about payment issues here: SFDCT Q&As — review the Q&As about the closing of the SFDCT here: https://www.sfdct.com/_sfdct/index.cfm/attorney-information/
Attorneys who cannot find clients who have moved or against whom they wish to assert an attorney's lien can do so by contacting the SFDCT at: info@sfdct.com. The SFDCT will provide you with a Lien Resolution Form to complete to assert a lien for attorney fees and expenses.
TOTAL CLAIMS PAYMENTS BY THE SETTLEMENT FACILITY 2004 - 2018
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3/31/2018 |
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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 |
|
CLASS 5 |
$429,186,547.19 |
$146,691,728.39 |
N/A |
$4,206,791.10 |
$46,580,030.00 |
$622,975,041.54 |
N/A |
N/A |
$1,249,640,138.22 |
|
CLASS 6.1 |
$14,232,750.51 |
$4,620,969.90 |
N/A |
$12,000.00 |
$3,336,743.85 |
$9,635,218.48 |
N/A |
N/A |
$31,837,682.74 |
|
CLASS 6.2 |
$3,703,000.00 |
$251,500.00 |
$1,317,000.00 |
$15,000.00 |
$179,200.00 |
$4,536,350.00 |
N/A |
N/A |
$10,002,050.00 |
|
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 |
$518,400.00 |
N/A |
N/A |
N/A |
$518,400.00 |
|
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$25,542,766.33 |
$13,526,404.69 |
N/A |
N/A |
$39,069,171.02 |
|
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 |
$447,258,297.70 |
$151,564,198.29 |
$1,317,000.00 |
$4,233,791.10 |
$78,194,935.28 |
$650,673,014.71 |
$3,090,625.00 |
$15,265,875.00 |
$1,351,597,737.08 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
|
|
CLASS 5 |
21,605 |
29,644 |
N/A |
848 |
23,524 |
29,560 |
N/A |
N/A |
105,181 |
|
CLASS 6.1 |
1,191 |
1,558 |
N/A |
4 |
2,791 |
1,013 |
N/A |
N/A |
6,557 |
|
CLASS 6.2 |
529 |
138 |
439 |
5 |
256 |
1,176 |
N/A |
N/A |
2,543 |
|
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 |
16,795 |
1,703 |
N/A |
N/A |
18,498 |
|
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 |
23,353 |
31,340 |
439 |
857 |
46,355 |
33,452 |
541 |
562 |
136,899 |
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 or by email to: info@sfdct.com. |
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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. |
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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. 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.
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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 because they are not allowed to file any claims pursuant to the Agreed Order Allowing Certain Late Claims Limited Rights to Participate in the Plan's Settlement Facility, dated Dec. 12, 2007). 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.