CLAIMANTS' ADVISORY COMMITTEE

Dow Corning Breast Implant / Bankruptcy Settlement

Volume 20, No. 4, October 6, 2023

Phone: (419) 394-0717 or

CAC Sybil Niden Goldrich

P.O. Box 665 Ernest Hornsby, Esq.

St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.

This is the 191^st e-newsletter (Vol. 20, No. 4) 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 "Unsubscribe" at the bottom of this email 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.

DOW CORNING SETTLEMENT PLAN

SET TO CLOSE IN 2024

FINAL DISTRIBUTION DEADLINE SET FOR DECEMBER 1, 2023; CERTAIN CLAIMANTS ALLOWED TO REQUEST A REPLACEMENT CHECK BUT MUST DO SO NO LATER THAN NOVEMBER 1, 2023

On October 4, 2023, the District Court entered a “Joint Stipulation and Agreed Order” that addresses how certain claimants can request a payment to be reissued, and a Final Distribution Deadline for all settlement payment checks. To read the Joint Stipulation, go to www.tortcomm.org and click on Court Orders.

WHO IS ELIGIBLE TO REQUEST A REPLACEMENT CHECK?

The Stipulation noted that there are approximately 958 uncashed checks that have expired. Of these, approximately 299 are expired checks that were issued AFTER June 2019 and were not issued a replacement check. Claimants in this group – and only those in this group of 299 – may request a replacement check under 2 circumstances:

1. The claimant passed away after the check was issued. The legally authorized representative of the claimant's estate must notify the Settlement Facility and provide documentation confirming the eligible heir or personal representative. This request must be submitted to the Settlement Facility no later than November 1, 2023; or

2. The claimant requests a replacement check to the Settlement Facility no later than November 1, 2023 and the Claims Administrator determines that “good cause” exist to allow the replacement check. The claimant must submit a detailed statement explaining the reason for requesting the replacement check.

If a claimant's attorney of record was unable to locate a claimant previously AND returned all funds to the Settlement Facility, then a claimant must notify the Settlement Facility no later than November 1, 2023 and provide a current address. A replacement check may be issued net of attorney fees and expenses, if any, allowed by the Lien Judge.

WHO IS NOT ELIGIBLE TO REQUEST A REPLACEMENT CHECK?

Claimants are not eligible to request a replacement check unless they fall within one of the two groups noted above. This includes:

Checks that expired before June 3, 2019 are NOT eligible for a replacement check.

Claimants who had an expired uncashed check and who previously requested a replacement are NOT eligible for another replacement check.

WHAT IS THE DEADLINE TO REQUEST A REPLACEMENT CHECK FOR CLAIMANTS WHO ARE ELIGIBLE?

Claimants must submit a request in writing to the Settlement Facility no later than November 1, 2023. No exceptions. No extensions. Replacement checks that are authorized will be issued in December 2023. After this, no other settlement checks will be issued as the Settlement Facility will wind up operations to close in 2024.

How to contact the Settlement Facility:

MAIL Settlement Facility – Dow Corning Trust

P.O. Box 52429

Houston, TX 77052-2429

EMAIL info@sfdct.com

PHONE 866-874-6099 They have very limited hours to handle phone calls (Tues-Thur 10 am – 2 pm Central Time), and they don't allow you to leave a message, so we urge you to contact them by email.

COURT ORDERS 814 LAW FIRMS TO RESPOND TO AUDIT SURVEY OR APPEAR IN THE DISTRICT COURT IN DETROIT ON NOVEMBER 28 & 29, 2023

PLEASE NOTE: This section only applies to attorneys and law firms. It does NOT apply to claimants.

On September 29, 2023, the District Court entered an Order directing 814 law firms and attorneys to either submit a court-ordered Audit Survey to the Settlement Facility by November 13, 2023 or appear before it on November 28 and 29, 2023 at 9 am to respond why they should not be subject to sanctions for failure to respond. A copy of the Order is on the CAC website (www.tortcomm.org) under Court Orders.

To determine if you or your law firm is on the list of 814, contact the Settlement Facility at 866-874-6099 or by email at: info@sfdct.com. Do not contact the District Court and do NOT mail the Audit Survey to the Court.

The completed Audit Survey must be sent to the Settlement Facility in Houston, TX. If you are unsure if you completed the audit survey and cannot reach the SFDCT, you can download the audit survey form on our website's HOME page, complete it, and then email it to the SFDCT. Download a copy of the Audit Survey Form on our website at www.tortcomm.org. Again, the Audit Survey only applies to attorneys and law firms. It does NOT apply to claimants.

COURT ENTERS ORDER TO ALLOW CERTAIN CLAIM RECORDS MAINTAINED BY THE SETTLEMENT FACILITY-DOW CORNING TRUST TO BE DESTROYED

On September 29, 2023, the Court entered an Order that authorizes the Settlement Facility to destroy certain claim records. A copy of the Order is on the CAC website (www.tortcomm.org) under Court Orders. The Order allows for the “appropriate and confidential destruction” of hard copy claim files, electronic files, and the database that maintained claim records as soon as practicable. The SF-DCT will provide a searchable file with claim information that would be maintained by the Court once the SF-DCT closes.