CLAIMANTS' ADVISORY COMMITTEE

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 18, No. 3, April 15, 2021

 

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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 174th e-newsletter (Vol. 18, No. 3) 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.

 

REQUESTS FOR EXTENSION OF TIME TO CURE A DEFICIENCY

In general, appeals to the SF-DCT requesting an extension of time to obtain medical records to fix a deficiency in a claim have been denied, including requests based on the difficulty in getting a medical appointment or obtaining records because of the covid pandemic. However, if the request for extension explains in detail the exact difficulty in obtaining an appointment or records and how that is specifically related to the additional time needed to cure the deficiency, then this extension has a much better chance to be approved. This also applies to difficulty in obtaining probate records or other documents where a delay or impediment in obtaining the documents resulted from the covid pandemic.

It is NOT sufficient to simply state that you need an extension of time because of the pandemic. This type of request will be denied. It must be specific and detailed, and it must be related to why you need additional time beyond your cure deadline. Also, the request may be denied at first by the Claims Administrator, but you can appeal this decision to the Appeals Judge.

 

REMINDER: CHECK THE LIST OF CLAIMS NUMBER IN CLOSING ORDER 3 TO SEE IF IT APPLIES TO YOUR CLAIM – PLEASE REVIEW!

On March 25, 2021, the District Court entered Closing Order 3 which addresses how certain claims will be handled, including possibly permanently dismissed. Please review Closing Order 3 carefully (a copy is on the CAC website www.tortcomm.org under Court Orders, AND it is available on the SF-DCT website www.sfdct.com). Closing Order 3 applies only to the 381 claim numbers listed in the Order.

-          These claimants – who are listed by the SID numbers in the attachment – must respond to the Court's Closing Order 3 on or before June 30, 2021 by contacting the SF-DCT directly. They can do so either in writing by letter, by email to info@sfdct.com, and by phone call to 866-874-6099. Letters can be mailed to: SF-DCT, PO Box 52429, Houston, TX 77052-2429 and must be postmarked on or before June 30, 2021.

-          If the SF-DCT does not receive a response from the claimant or her attorney of record on or before June 30, 2021, then the claim will be permanently barred and denied. This means that the claim will no longer be eligible for payments to the claimant.

Please check the SID numbers below to see if your claim number is listed. If it is, YOU MUST TAKE ACTION ON OR BEFORE JUNE 30, 2021 AND CONTACT THE SF-DCT. DO NOT CONTACT THE CAC. DO NOT REPLY TO THIS NEWSLETTER. YOU MUST CONTACT THE SF-DCT DIRECTLY.

If your claim number is NOT listed, then your claim is not affected by this order. Continue to keep in contact with the SF-DCT on a regular basis by sending them an email with your current address and/or by calling them. This will help expedite any payments that are approved.

 

SF-DCT CONTINUES PROCESSING CLAIMS AND ISSUING BASE PAYMENTS

The Settlement Facility continues to review disease and increased severity claims filed by the June 3, 2019 deadline. They are close to completing all of these reviews, and we believe they may be done in July or August 2021. As claims are reviewed and approved, the Settlement Facility will send an award letter and address verification to the claimant and, if applicable, to the attorney of record. You must confirm your address when you receive this letter. Once you confirm the address, the Settlement Facility will issue a check for the Base Payment and the first 50% Premium Payment. If the claim is denied, the Settlement Facility will send you a letter detailing the reasons why the claim is denied and give you one year from the date on the letter to fix the problems listed in the letter.

Since June 2004, the Settlement Facility has approved and issued payments totaling $1.494 billion.

 

3/30/2021

 

 

 

 

 

 

 

 

 

 

 

 

INCLUDES NOI PAYMENTS (DOES NOT INCLUDE STALE CHECKS)

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

RUPTURE PREMIUM

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

DISEASE - INCREASED

DISEASE PREMIUM

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

OTHER PRODUCTS PREMIUM PAYMENT

TOTAL

CLASS 5

$431,013,011.16

$47,337,644.94

$146,976,125.49

N/A

$4,334,900.00

$50,218,803.23

$646,501,700.33

$2,607,250.00

$59,236,340.91

N/A

N/A

$1,388,225,776.06

CLASS 6.1

$14,316,750.51

$1,573,500.00

$4,623,969.90

N/A

$12,000.00

$3,507,707.78

$10,625,718.48

$51,000.00

$813,550.00

N/A

N/A

$35,524,196.67

CLASS 6.2

$3,731,000.00

$97,125.00

$260,250.00

$1,335,000.00

$15,000.00

$247,100.00

$4,578,350.00

$12,250.00

$60,200.00

N/A

N/A

$10,336,275.00

CLASS 6.2 2

N/A

 

N/A

N/A

N/A

$197,800.00

N/A

 

 

N/A

N/A

$197,800.00

CLASS 6.2 3

N/A

 

N/A

N/A

N/A

$540,000.00

N/A

 

 

N/A

N/A

$540,000.00

CLASS 7

N/A

 

N/A

N/A

N/A

$25,574,086.33

$13,555,264.69

 

 

N/A

N/A

$39,129,351.02

CLASS 9

$130,000.00

 

N/A

N/A

N/A

$1,765,145.10

N/A

 

 

$2,866,500.00

$14,215,000.00

$18,976,645.10

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

$449,196,761.67

$49,008,269.94

$151,860,345.39

$1,335,000.00

$4,361,900.00

$82,207,092.44

$675,261,033.50

$2,670,500.00

$60,110,090.91

$3,090,625.00

$15,265,875.00

$1,494,367,493.85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RUPTURE

RUPTURE PREMIUM

EXPLANT

INCREASED EXPLANT

EXPLANT ASSISTANCE (EAP)

EXPEDITED

DISEASE

DISEASE - INCREASED

DISEASE PREMIUM

MEDICAL CONDITIONS (IFBR, TMJ, IMPLANT FAILURE)

OTHER PRODUCTS PREMIUM PAYMENT

TOTAL

CLASS 5

21,698

19,033

29,703

N/A

866

25,379

30,706

147

27,372

N/A

N/A

154,904

CLASS 6.1

1,198

1,049

1,559

N/A

4

2,935

1,156

5

763

N/A

N/A

8,669

CLASS 6.2

533

111

143

445

5

353

1,185

2

115

N/A

N/A

2,892

CLASS 6.2 2

N/A

 

N/A

N/A

N/A

166

N/A

 

 

N/A

N/A

166

CLASS 6.2 3

N/A

 

N/A

N/A

N/A

900

N/A

 

 

N/A

N/A

900

CLASS 7

N/A

 

N/A

N/A

N/A

16,814

1,710

 

 

N/A

N/A

18,524

CLASS 9

26

 

N/A

N/A

N/A

1,766

N/A

 

 

476

498

2,766

CLASS 10.2 / 10.2

2

 

N/A

N/A

N/A

262

N/A

 

 

65

64

393

TOTAL

23,457

20,193

31,405

445

875

48,575

34,757

154

28,250

541

562

189,214

 

 

NO UPDATE ON PREMIUM PAYMENT MOTION

The Court has not issued any ruling on the motion seeking authorization to pay the remaining Premium Payments. We do not know when the court may rule.

 

 

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.