CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 16, No. 6, June 20, 2019
Like or Follow us on Facebook at: https://www.facebook.com/ClaimantsAdvisoryCommittee
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 163rd e-newsletter (Vol. 16, 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.
WHAT HAPPENS NOW AFTER THE FINAL CLAIMS DEADLINE?
Most of the Settlement Facility is currently opening, scanning, and entering all of the mail it received in response to the June 3, 2019 Final Claims Deadline. It could take several months to complete this task, and then they will review and process those claims. Some staff – primarily the nurse reviewers – are continuing to review disease claims and submissions where a cure deadline may still be running. The remaining Premium Payment will NOT be paid during this time so please do not call the Settlement Facility about this. Also, please do not call or email them to ask if they have received your submission. They will not be able to answer this for many claimants until they open and enter all of the mail. This takes their time away from getting the claims data input and the claims reviewed. The Finance Committee cannot make a recommendation about the remaining Premium Payment amount and timing until the data has been compiled.
During this time, the Settlement Facility will continue to review claims, send out Notification of Status letters and award letters, and issue payments on approved Expedited Release and Disease claims. We will continue to post updates and information on our Facebook page (https://www.facebook.com/ClaimantsAdvisoryCommittee/) and in our newsletters.
TOTAL CLAIMS PAYMENT FROM 2004 - 2019
From June 1, 2004 – May 31, 2019, the Settlement Facility has processed and paid approximately 138,817 claims in Classes 5/6 (Dow Corning Breast Implant Claims), 7 (Silicone Gel Claims), and 9/10 (Other Product Claims), for a total payout of $1.365 billion.
5/31/2019 |
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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 |
$430,591,547.19 |
$146,988,434.39 |
N/A |
$4,206,791.10 |
$48,716,581.79 |
$631,630,120.80 |
N/A |
N/A |
$1,262,133,475.27 |
CLASS 6.1 |
$14,304,750.51 |
$4,620,969.90 |
N/A |
$12,000.00 |
$3,429,172.46 |
$10,451,718.48 |
N/A |
N/A |
$32,818,611.35 |
CLASS 6.2 |
$3,717,000.00 |
$258,500.00 |
$1,332,000.00 |
$15,000.00 |
$192,500.00 |
$4,550,350.00 |
N/A |
N/A |
$10,065,350.00 |
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
$121,000.00 |
N/A |
N/A |
N/A |
$121,000.00 |
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
$520,200.00 |
N/A |
N/A |
N/A |
$520,200.00 |
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
$25,577,686.33 |
$13,551,344.69 |
N/A |
N/A |
$39,129,031.02 |
CLASS 9 |
$130,000.00 |
N/A |
N/A |
N/A |
$1,766,145.10 |
N/A |
$2,866,500.00 |
$14,215,000.00 |
$18,977,645.10 |
CLASS 10.2 / 10.2 |
$6,000.00 |
N/A |
N/A |
N/A |
$156,450.00 |
N/A |
$224,125.00 |
$1,050,875.00 |
$1,437,450.00 |
TOTAL |
$448,749,297.70 |
$151,867,904.29 |
$1,332,000.00 |
$4,233,791.10 |
$80,479,735.68 |
$660,183,533.97 |
$3,090,625.00 |
$15,265,875.00 |
$1,365,202,762.74 |
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RUPTURE |
EXPLANT |
INCREASED EXPLANT |
EXPLANT ASSISTANCE (EAP) |
EXPEDITED |
DISEASE |
MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE) |
TOTAL |
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CLASS 5 |
21,676 |
29,704 |
N/A |
848 |
24,621 |
29,972 |
N/A |
N/A |
106,821 |
CLASS 6.1 |
1,197 |
1,558 |
N/A |
4 |
2,869 |
1,141 |
N/A |
N/A |
6,769 |
CLASS 6.2 |
531 |
142 |
444 |
5 |
275 |
1,180 |
N/A |
N/A |
2,577 |
CLASS 6.2 2 |
N/A |
N/A |
N/A |
N/A |
102 |
N/A |
N/A |
N/A |
102 |
CLASS 6.2 3 |
N/A |
N/A |
N/A |
N/A |
867 |
N/A |
N/A |
N/A |
867 |
CLASS 7 |
N/A |
N/A |
N/A |
N/A |
16,813 |
1,708 |
N/A |
N/A |
18,521 |
CLASS 9 |
26 |
N/A |
N/A |
N/A |
1,767 |
N/A |
476 |
498 |
2,767 |
CLASS 10.2 / 10.2 |
2 |
N/A |
N/A |
N/A |
262 |
N/A |
65 |
64 |
393 |
TOTAL |
23,432 |
31,404 |
444 |
857 |
47,576 |
34,001 |
541 |
562 |
138,817 |
ALL CLAIMANTS AND ATTORNEYS MUST CONFIRM THEIR CURRENT ADDRESS BEFORE THE SETTLEMENT FACILITY WILL ISSUE PAYMENT
The Settlement Facility recently instituted a new policy pursuant to Closing Order 2, paragraph 11, which requires claimants and attorneys to confirm their current address with the Settlement Facility before payment will be issued. This is because, in part, of the high volume of checks that have been issued but not cashed. There are approximately $2.85 million in stale checks for 985 claims for Base Payments, i.e., Rupture, Disease, Expedited Release, etc. In addition, there are 1,645 stale checks for the partial Premium Payments issued in 2014-15 totaling over $3 million. If you have an approved Rupture or Disease claim in Class 5, 6.1, or 6.2, and you have NOT received a 50% partial Premium Payment, contact the Settlement Facility now to check on the status of your claim and payment. This is ONLY for the FIRST 50% partial Premium Payment. No one has been authorized to receive any additional Premium Payment at this time.
Before payment will be made, you must contact the Settlement Facility and confirm your current address. The Settlement Facility will send you a letter notifying you that you must do this or else the payment will not be sent. Please follow directions and respond to any letter from the Settlement Facility asking you to confirm your current address and contact information.
GENERAL REMINDERS
CONTACT INFORMATION FOR THE SETTLEMENT FACILITY: Send all claim forms, submissions, address changes, and all other documents to the Settlement Facility at: Settlement Facility, P.O. Box 52429, Houston, TX 77052 PHONE NUMBER: 866-874-6099 EMAIL: 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. |
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.