CLAIMANTS' ADVISORY COMMITTEE

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 15, No. 7, August 1, 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.

 

 

CLOSING ORDER 1 SIGNED BY COURT

The Court signed an agreed order titled, "Closing Order 1 For Final June 3, 2019 Claim Deadline (Establishing Final Cure Deadlines, Revised Claim Review Procedures, and Appeal Deadlines." A copy is available on our website, www.tortcomm.org under "Closing Documents" and "Court Orders."

Here is a Summary of the terms in Closing Order 1. A copy of the Summary is also available on our website.

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SUMMARY OF TERMS OF CLOSING ORDER 1

 

Closing Order 1 has important changes to the way claims are reviewed and paid. All claimants and attorneys are strongly encouraged to read the Order and make note of these changes. This document is a "Summary" of what is in Closing Order 1. Please read it carefully. The final deadline to submit a new claim is June 3, 2019. This means that the claim submission must be postmarked on or before June 3, 2019. (Pay attention to whether a date in this Summary and the Closing Order is 2018 OR 2019).

Closing Order 1 establishes procedures that make it easier to cure deficiencies in claims and helps the Settlement Facility process and pay claims faster. The new procedures apply to claims submitted after June 1, 2018. Some procedures in Closing Order 1 also apply to how pending claims submitted before June 1, 2018 will be processed.

This is an informal summary only. It is intended to help you understand the terms of Closing Order 1. The terms of the Closing Order 1 (and not this summary) control and you should read the actual Order to get complete information.

New Disease or Expedited Release Claims Submitted after June 1, 2018

There are three parts to the review of a claim: the Proof of Manufacturer, the benefit claim (which is Disease or Expedited Release claim and the Increased Severity claim), and the payment information (for example, the claimant is deceased, has an invalid current mailing address or has not submitted foreign identification.) If you submit your claim after June 1, 2018, the Settlement Facility will review all parts of the claim together so that you get all the information you need in one letter. No review will be done until all parts of a claim are submitted. If you submit only a portion of a claim, the Settlement Facility will send you a letter explaining that you need to submit the other parts of the claim, but you must submit all the parts of your claim on or before June 3, 2019.

1.       The Settlement Facility will send a single Notification of Status letter to you that lists all the deficiencies in all parts of the claim and give you one cure deadline for all deficiencies.

 

2.       The specific deadline to fix problems in your Proof of Manufacturer submission will be the same as your deadline to fix problems in your benefit claim.

 

3.       If you submit only Proof of Manufacturer, the Settlement Facility will not review that submission until you submit your benefit claim (Disease or Expedited Release). This means that to get a review of your claim, you must submit the benefit claim at the same time.

Rupture Claims Submitted in 2006 and/or Explant Claims Submitted in 2014 that do not have acceptable Proof of Manufacturer

4.       If you submitted a Rupture and/or Explant claim by the deadlines back in 2006 (for Rupture) and 2014 (for Explant) but did not have an acceptable Proof of Manufacturer submission, you can still fix or submit your Proof of Manufacturer on or before June 3, 2019 and receive a Notification of Status letter on your Rupture/Explant claim.

 

5.       If you submit your Proof of Manufacturer (with supporting documents) on or before June 3, 2019, then the Settlement Facility will review the Proof of Manufacturer, Rupture and/or Explant claim and send you one Notification of Status letter explaining all deficiencies. You will have 6 months from the date on that letter to cure all Rupture and/or Explant deficiencies.

Claimants Who Submitted Proof of Manufacturer before June 1, 2018

6.       If you submitted a Proof of Manufacturer before June 1, 2018 that was unacceptable or that had a deficiency, you must submit new documents fixing the deficiency on or before June 3, 2019. If no new documents are submitted on or before June 3, 2019, your claim will be denied. You may then file an appeal of the claim denial.

 

Claimants Who Submitted Disease or Expedited Release Claims without Proof of Manufacturer before June 1, 2018

7.       If you submitted only a benefit claim for Disease or Expedited Release before June 1, 2018 but have never submitted any Proof of Manufacturer, you must submit your Proof of Manufacturer on or before June 3, 2019. If you do not submit Proof of Manufacturer on or before June 3, 2019, your claim will be denied.

Appeal Deadlines

8.       You will receive a Final Determination Letter after the deadline to cure all deficiencies in your claim. If you disagree with the final determination, you will have 60 days from the date on that letter to submit an appeal to the Claims Administrator. If you disagree with the decision of the Claims Administrator, you will have 60 days from the date of the decision of the Claims Administrator to submit an appeal to the Appeals Judge. The decision of the Appeals Judge is final and no further appeals are permitted.

Deficiencies that Arise after Notification of Status Letter

9.       The Settlement Facility may adjust the deadline in a Notification of Status letter when a) a new deficiency is found after the Notification of Status letter is mailed, b) if the claimant passes away near or after the Notification of Status letter, or c) if an error in the initial Notification of Status letter is discovered.

Denials for Failure to Cure or Submit Claims by the Deadline

10.   Claims that are submitted after the June 3, 2019 deadline will be denied. Claims that have deficiencies that are not fixed by the applicable deadline in their Notification of Status letter will be denied. If a claimant has any question about what her deadline is, she should contact the Settlement Facility. Appeals will not be granted because a claimant or attorney claims they were confused about their deadline.

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Here is an explanation of the new letters the Settlement Facility will be sending out that are referenced in the Summary above and Closing Order 1:

1.      Acknowledgement Letter - if you do not submit a complete claim (which means you must submit BOTH Proof of Manufacturer and a benefit claim, i.e., Disease or Expedited Release) on or before the June 3, 2019 deadline, then the Settlement Facility will NOT review what you submitted. Instead, they will send you an Acknowledgment Letter telling you that you must submit all parts of your claim before it can be reviewed. Make sure you submit both claim forms and the supporting documents required and that you do so on or before June 3, 2019.

WARNING: if you receive an Acknowledgement Letter, it does NOT extend the June 3, 2019 deadline. You must still submit both the Proof of Manufacturer form and the Disease / Expedited Release form and supporting documents. If you wait too late to submit your claim and it is incomplete, then your claim will be denied.

2.      Notification of Status Letter - if your submission is complete, then the Settlement Facility will review your claim and send you a Notification of Status letter that tells you the results of the review of your claim. If there are deficiencies in your claim, this letter will tell you what they are AND will tell you what your deadline is to fix those deficiencies. If you fail to fix the deficiencies by that deadline in your Notification of Status letter, then your claim will be denied. Pay close attention to the deadline in your letter.

3.      Final Determination Letter -After your claim has been fully reviewed and all deadlines to fix any problems with your claim have passed, you will receive a Final Determination Letter telling you the final outcome of your claim. It will tell you whether your claim has been approved as submitted, approved at a lower level, or permanently denied. It will also explain the process and deadline to submit an appeal.

We anticipate there will be additional closing orders that pertain to payments and procedures.

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.