CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER Volume 6, No. 8

[Guest guest]

Some of you may find this interesting . .. Rogene

From: CLAIMANTS' ADVISORY

COMMITTEE [mailto:tortcomm@...]

Sent: Wednesday, July 29, 2009 10:06 AM

melvad@...

Subject: CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER Volume 6, No. 8

CLAIMANTS' ADVISORY COMMITTEE E-NEWSLETTER Volume 6, No. 8, July 29, 2009 Contact the CAC

at: info@... or by phone at: (419)

394-0717 Sybil Niden Goldrich Ernest Hornsby, Esq Dianna

Pendleton-Dominguez, Esq.

This is the 62nd e-newsletter

(Vol. 6, No. 8) 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@.... Please do not hit

"Reply" to this email address. Please use the email address: info@.... Requests for copies of

claim forms or inquiries about the status of a claim should be directed to the

Settlement Facility at info@... or

866-874-6099. The Claimants' Advisory Committee does not have access to

individual claimant files to answer these kinds of questions.

1.

UPDATE ON APPEALS ON DISABILITY A AND TISSUE EXPANDER ORDERS In our last newsletter, we reported that

Dow Corning had filed Notices of Appeal for the June 10, 2009 Orders regarding

Disability A "and/or" issue and the issue of whether tissue expanders

are "breast implants" as defined by the Plan. The appeals are now

pending before the U.S. Court of Appeals for the 6th Circuit.

Consistent with the local rules of the 6th Circuit Court, the

parties will participate in a mandatory mediation conference next week and, if

the mediation is not successful, then the Court will set a briefing schedule.

We will post all updates about this to our website. Dow Corning also filed a Motion to Stay

implementation of both Orders pending the outcome of the appeals. The CAC filed

its response and Dow Corning subsequently filed its Reply. A copy of all

pleadings are available on the CAC's website. 2.

STATUS OF CLAIMS PROCESSING FOR FIRST REVIEW AND RE-REVIEW

(RAI'S) in CLASS 5 (DOW CORNING BREAST IMPLANT CLAIMANTS IN THE U.S.) The Claims Administrator recently

reported to the parties and the court that as of June 15th, the

SF-DCT has the following backlogs in claims processing: Disease Option 1 - 230 claims pending first review in Class 5 and 674 claims

pending re-review. Most of the backlog in re-reviews are because of the July 9,

2009 cure deadline for certain ACTD claimants. Disease Option 2 - 263 claims pending first review in Class 5 and 151 claims

pending re-review. The SF-DCT has concentrated on bringing

the re-review backlog more current in the past several months which may have

caused a larger than normal backlog in processing Disease Option 1 claims. The

CAC supports this effort and believes that it is crucial that re-reviews have

no more than a 30-60 day delay so that claimants can have adequate time to fix

problems in their claims before their cure deadline expires. 3.

UPDATE REGARDING PREMIUM PAYMENTS The Independent Assessor - who is charged

with making recommendations regarding the adequacy of assets to make Premium

Payments - issued an update for the fourth quarter of 2008. It states: The

Independent Assessor of the Settlement Facility - Dow Corning Trust (SF-DCT)

reviewed the liabilities and assets of the facility as of the end of the fourth

quarter of 2008 and

estimated that the facility would remain solvent under each of a range of

liability and asset assumptions tested.

Until patterns of filing and claims acceptance become more certain, use of the

current estimates for the purpose of determining whether premium payments can

be made is premature. The CAC is continuing our efforts with

the Finance Committee to have them recommend payment of Premium Payments to the

District Court. The Settlement Plan requires that the Finance Committee (not

the CAC) make this recommendation. We do not have any further information on

when Premium Payments will be made but we will continue to post any updates to

our website. 4.

SF-DCT TO CONDUCT A SAMPLE MAILING The Settlement Facility mailed out over

7,000 letters today (2,000 to law firms/attorneys and 5,000 to claimants) to

verify mailing addresses for claimants and attorneys from whom the SF-DCT had

not heard in the last 9 months. Each year, hundreds of letters, checks and

other correspondence from the SF-DCT to claimants and attorneys is returned as

undeliverable because the claimant or attorney has moved and has not provided a

current address. It is extremely important to keep your contact information

current with the SF-DCT. To send in a change of address, simply write a letter

and mail it to the SF-DCT at: P.O. Box 52429, Houston, TX 77052-2429. 5.

SETTLEMENT FACILITY PAYMENTS TO CLAIMANTS - $1.110 BILLION As of Jun 30, 2009, the Settlement

Facility - Dow Corning Trust reports that it has issued checks to claimants in

the Dow Corning Settlement Fund totalling approximately $1.110

billion dollars. Classes 5, 6.1 and 6.2 - Dow Corning Breast Implant

Claimants As a result of the increased focus on

bringing re-reviews more current, the SF-DCT issued over $7 million in payments

to Claimants in Classes 5 and 6 during the month of June, of which over $6

million consisted of disease payments. To date, checks totalling approximately

$431.917 million have been issued to 22,325 approved rupture claimants. Checks totalling $139.5 million have been

issued to 28,786 claimants for an approved Explant claim, and another $462,000

has been paid to 154 claimants in Class 6.2 who elected the Increased Explant

Payment. Approximately $2.9 million has been paid to 588 claimants in the

Explant Assistance Program for explantation. Approximately 24,265 approved disease

claimants have been issued checks totalling approximately $460.968 million. In

addition, the SF-DCT has issued 32,704 checks totalling $56.448 million for

Expedited Release. The approval rate for Proof of

Manufacturer (POM) for claimants who passed the pre-screening process (i.e.,

eligibility to participate in the settlement) remains at 90% for Dow Corning

breast implant claims in Class 5, 78% for Class 6.1, and 43% for Class 6.2. A breakdown of the payments made from

June 1, 2004 through June 30, 2009 by class and benefit type is listed below: Cumulative

Payments to All Classes (including NOI claims) June

1, 2004 - June 30, 2009

Class

Rupture

Explant

Increased Explant

Explant Assistance Program

Expedited Release

Disease

Medical Conditions in Class 9/10

Other Products Premium Payment

Total

Class 5

$417,514,388.66

$135,355,692.09

n/a

$2,900,887.10

$31,047,671.89

$455,917,022.76

n/a

n/a

$1,042,735,662.52

Class 6.1

$ 13,065,750.51

$ 4,038,362.44

n/a

$ 9,000.00

$ 2,535,618.51

$ 4,696,618.48

n/a

n/a

$ 24,345,349.94

Class 6.2

$ 1,337,000.00

$ 108,500.00

$462,000.00

$ 0.00

$ 47,600.00

$ 355,250.00

n/a

n/a

$ 2,310,350.00

Class 6.2: 2

n/a

n/a

n/a

n/a

$ 86,900.00

n/a

n/a

n/a

$ 86,900.00

Class 6.2: 3

n/a

n/a

n/a

n/a

$ 129,000.00

n/a

n/a

n/a

$ 129,000.00

Class 7

n/a

n/a

n/a

n/a

$20,701,329.01

n/a

n/a

n/a

$ 20,701,329.01

Class 9

$ 125,000.00

n/a

n/a

n/a

$ 1,749,145.10

n/a

$2,850,000

$14,057,500

$ 18,781,645.10

Class 10.1/2

$ 6,000.00

n/a

n/a

n/a

$ 151,050.00

n/a

$ 216,625

$ 1,035,875

$ 1,409,550.00

Total

$432,048,139.17

$139,502,554.53

$462,000.00

$2,909,887.10

$56,448,314.51

$460,968,891.26

$3,066,625

$15,093,375

$1,110,499,786.57

Class 7 - Silicone Gel Material Claims Disease Cash-Out Offers: A total of 7,352 claimants

in Class 7 have been sent the $3,000 Disease Cash-Out offer. Of this number,

78% have cashed the check and accepted the payment, 16% have returned the check

and asked for a full disease review, and 6% are pending (they have not cashed

the check or returned it to the SF-DCT). Most of the claimants who rejected the

offer have applied for a Disease Option 1 claim (859) and, of this number, 666

reviews have been completed. No claims in Disease Option 2 for Class 7 have

been reviewed. The Settlement Facility has begun issuing Notification of Status

letters; however, no Class 7 disease claims can be paid until all disease

claims have been reviewed and the one-year time deadline to cure deficiencies

has expired. The total payout of cashed checks from the capped $57.5

million NPV fund through June 30, 2009 is $20,701,329.01.

Class

7 - Silicone Gel Material Claims

#

Class 7 Forms Filed

54,720

#

of claims that are NOT eligible based on POM review

8,339

#

of claims that failed marshalling

29,090

Foreign

Gel Claims Approved & Paid $600

624

Expedited

Release Claims Approved & Paid $600

6,965

#

of Disease Cash-Out Offers of $3,000

7,352

TOTAL

PAYMENTS OR CASH-OUT OFFERS

14,941

TOTAL

# of Claims Paid (excluding those who rejected the Cash-Out Offer)

12,511

TOTAL

AMT PAID as of 6-30-09

$20,701,329.01

Notice of Intent (NOI) Claims Processing The Settlement Facility has paid a total

of $24,025,250 in Explant and Rupture payments to Notice of Intent (NOI)

claimants. The SF-DCT is current in processing Proof of Manufacturer, Explant

and Rupture claims for NOI claimants.

Type of Claim

Total Claims Paid

Amount

Rupture

942

$18,805,850.00

Explant

1,010

$ 5,039,200.00

Explant Assistance Program

36

$ 180,200.00

Total

1,988

$24,025,250.00

5. DEADINE REMINDERS Please mark your calendar with the following claim

submission deadlines. Note that different deadlines apply to Notice of Intent

(NOI) Claimants and Late Claimants. Please note that most of these deadlines

mean that your claim forms and materials must be received by the SF-DCT

by the posted deadline. Please mail all forms early enough so that they are

received by the deadline listed below. If your claim form is not received

by the deadline listed below, you will not be permitted to file a claim later.

Deadline Date

Type of Deadline

June 2, 2014

Explant Claims submission deadline for timely filed

claimants in Classes 5, 6.1 and 6.2 (NOTE: this deadline does NOT

apply to NOI claimants or Late Claimants)

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)

_______________________________________________________________________ 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. To contact the CAC, send an email to: info@... or send a letter to the

Post Office Box address for the CAC at: Claimants'

Advisory Committee P.O.

Box 665 St.

s, Ohio 45885 Phone

Number: (419) 394-0717 Fax

Number: (419) 394-1748 Email:

info@... 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.

Email list management powered

by http://MailerMailer.com