CLAIMANTS' ADVISORY COMMITTEE           

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 15, No. 6, June 21, 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 156th e-newsletter (Vol. 15, No. 6) 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.

 

CAC WEBSITE UDPATES

We are continuing to update our website, www.tortcomm.org to provide as much information as we can about the Settlement Facility. Here is a partial list of the information there:

-          Court ordered Notice and Letter from the Settlement Facility about the final deadline of June 3, 2019 to submit all claims and documents

-          Q&As about the closing of the Settlement Facility and final filing deadline

-          List of attorneys willing to accept new breast implant clients

-          Claims forms for Proof of Manufacturer for all classes

-          Claim forms for Disease or Expedited Release for all classes

-          Guidelines for submitting a disease claim

-          Pleadings for motions and appeals

-          Court orders

-          Past issues of all CAC e-newsletters

Please continue to check the website to stay informed. We just added a section on Closing Information and documents that contains important information and updates about final deadlines, closing orders, and notices. You can also download claim forms to file a claim on our website and the Settlement Facility website. We urge you to take action now. Do not wait until the June 3, 2019 deadline. There will be no extensions granted and any claims received after June 3, 2019 will be denied.

Many women have had their claim for Rupture and Explant denied because it was filed after the deadline for those benefits, or their claim was denied because they didn't correct the problems identified in their claim by their cure deadline.  Don't be one of these. Make sure you submit your claim forms, supporting medical records or other documents, and all information needed to pay your claim on or before June 3, 2019. If a claimant is deceased, her personal representative or Executor of the estate can pursue the claim - but they must submit the appropriate probate documents to the Settlement Facility on or before June 3, 2019.

 

SUMMER HOURS FOR THE SETTLEMENT FACILITY

The Settlement Facility offices are open Monday - Thursday from 9 am - 4 pm Central Time (10 am - 5 pm Eastern) and on Fridays from 9 am - 3 pm Central Time (10 am - 4 pm Eastern). You can also send them an email to info@sfdct.com with any questions about your claim.

Phone: 866-874-6099, press 1, and then on the second recording press 4 to speak to a representative.

 

ADDITIONAL MAILINGS BY THE SETTLEMENT FACILITY

As the Settlement Facility offices prepare to close to new claims, you may receive additional letters to remind you of the deadline. Please pay attention.

One of the letters the Settlement Facility is mailing is to claimants whose claim is approved, but they did not SIGN THEIR CLAIM FORM. The only thing stopping the payment being issued is that the claim form does not have the signature of the claimant. To correct this, the Settlement Facility mailed a new claim form for claimants to sign; however, most claimants are not returning the signed claim form.  If you receive a letter from the Settlement Facility about this, please sign and return your claim form on or before June 3, 2019. In fact, the sooner you return the signed claim form, the sooner you will receive payment. Don't lose out on getting your payment.  Respond to letters from the Settlement Facility.

In addition, the parties are preparing Closing Orders for the Court to approve. These may include applying a cure deadline for Proof of Manufacturer and Expedited Release claims. This is because the Plan did not set cure deadlines for these claims. Please pay attention to the Closing Orders when they are issued because they could contain information that will affect your claim.  We will post all Closing Orders on our website and in our e-newsletters. We do not yet know whether the Closing Orders will be mailed to claimants and attorneys, so please continue to check our website frequently for updates.

 

Also, the parties are proposing to the Court that going forward, claims will only be processed when the claim is complete. In other words, to have your claim reviewed, you must submit both the Proof of Manufacturer form (and supporting documents) and the Disease or Expedited Release claim form (and supporting documents for the Disease claim) and all of these documents must be postmarked on or before June 3, 2019. We hope this will help many claimants from having their claim permanently denied because they only submitted part of their claim by the June 3, 2019 deadline.

 

In the MDL, many people - including law firms - submitted the disease claim form prior to the deadline for that settlement, but they didn't submit supporting medical records. The MDL settlement allowed claimants to do this.  The Settlement Facility will NOT allow this. You must submit the supporting documents for your claim by the deadline. If you receive a letter from the Settlement Facility identifying deficiencies in your claim such as missing medical records, you will be able to submit them after the deadline but only to cure a deficiency.  You cannot submit a new disease claim or increased severity claim, or change disease claims after the June 3, 2019 deadline.

 

Our experience is that it can take many months to gather all of the medical documentation needed to submit a Disease claim. This is because it takes time to schedule necessary medical appointments and tests, to obtain those records, and to obtain written letters from treating physicians for disability or severity statements. 

 

Many women have asked us what disease is most applicable to their claim. We cannot answer this for any one person because this will depend on their symptoms and medical records. However, most women who receive a Disease Payment are approved for Atypical Connective Tissue Disease or ACTD.  For more information about how to apply for this disease, go to www.tortcomm.org, click on Disease Claim Guidelines, and then click on the link for ACTD.  The Guidelines on our website were prepared in conjunction with the nurse reviewers at the Settlement Facility so they contain the best information available about what the reviewers need to see in the claim submission to approve the claim.

 

            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 signed 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 signed Proof of Manufacturer Form and supporting documents that show you have or had a Dow Corning breast implant, and 2) the signed 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.

If you receive a letter from either the Settlement Facility or us (the CAC) about returning funds, we urge you not to ignore it. The Finance Committee has been very active in filing and pursuing Orders to Show Cause against attorneys and law firms who fail to respond.

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 may have died but the family does not intend to pursue an estate, 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

5/31/2018

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

$429,701,547.19

$146,720,734.39

N/A

$4,206,791.10

$46,894,544.29

$624,065,041.54

N/A

N/A

$1,251,588,658.51

CLASS 6.1

$14,268,750.51

$4,623,969.90

N/A

$12,000.00

$3,352,343.85

$9,647,218.48

N/A

N/A

$31,904,282.74

CLASS 6.2

$3,703,000.00

$251,500.00

$1,320,000.00

$15,000.00

$184,100.00

$4,536,350.00

N/A

N/A

$10,009,950.00

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

$25,560,286.33

$13,540,334.61

N/A

N/A

$39,100,620.94

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

$447,809,297.70

$151,596,204.29

$1,320,000.00

$4,233,791.10

$78,547,469.57

$651,788,944.63

$3,090,625.00

$15,265,875.00

$1,353,652,207.29

 

RUPTURE

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

 

TOTAL

CLASS 5

21,631

29,650

N/A

848

23,692

29,607

N/A

N/A

105,428

CLASS 6.1

1,194

1,559

N/A

4

2,804

1,015

N/A

N/A

6,576

CLASS 6.2

529

138

440

5

263

1,176

N/A

N/A

2,551

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

23,382

31,347

440

857

46,548

33,504

541

562

137,181


STATUS OF PREMIUM PAYMENTS

There are no updates on this issue. The motion to stay Premium Payments remains pending before the District Court. The Finance Committee has directed the Claims Administrator not to issue any partial Premium Payments while the motion is pending, thus effectively granting Dow Silicones Corp the relief it requested.  Also, the appeal remains pending before the Court of Appeals for the Sixth Circuit. We are waiting to hear from the court about a date for oral argument. We will continue to post all updates on our website, www.tortcomm.org.

 

 

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 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.