Claimants' Advisory Committee

Welcome to the new Claimants' Advisory Committee (CAC) website! We have redesigned the former Tort Claimants' Committee website to provide you with current information concerning the settlement and litigation options in the Settlement Facility-Dow Corning Trust (SF-DCT). We welcome all comments and questions so that we can make this website informative and useful as the Settlement Facility begins the process of issuing award letters and payments.

SEPTEMBER 10, 2008

The deadline for the MDL-926 Claims Office to file an appeal to the District Court's Order dated August 8, 2008 on liens it asserted against certain claimants in the Dow Corning Settlement Facility has passed, and no appeal was filed. The Settlement Facility will issue payment to approved claimants whose claims were previously on hold because of the MDL-926 lien motion. If you have any questions about your claim status, please contact the Settlement Facility at info@sfdct.com or toll free at 866-874-6099.

The MDL-926 Claims Office has begun mailing letters to attorneys and doctors about the conclusion of the Revised Settlement Program on December 15, 2010. For more information, click on the left navigator head entitled "MDL-926 Claims Office - Revised Settlement Program." Please note that the DCC Plan and deadlines are not the same as the deadlines in the RSP.

URGENT: Attorneys who are willing to represent claimants with disease claims in the DCC Settlement Facility, please contact the CAC by clicking HERE. Claimants in the DCC Plan can file disease claims for Disease Option 1 (ACTD, ANDS, Primary Sjogren's Snydrome, Mixed Connective Tissue Disease, etc.) and Disease Option 2 (Scleroderma, SLE, Polymyositits, Dermatomyositis, and GCTS) until June 3, 2019.

AUGUST 9, 2008

The District Court issued a ruling on August 8, 2008 regarding the motion that was filed by the MDL 926 Settlement Fund asserting liens against certain claimants in the Dow Corning case. The MDL 926 Settlement Fund had asked the court to allow it to receive a portion of the payment from claimants who were paid 100% in the Revised Settlement Program and who then asserted a right to payment from the Dow Corning Settlement Fund. The District Court ruled that the MDL 926 "cannot meet the constitutional requirement of standing nor the standing required under the Lien Procedures entered by this Court." (p. 13) In addition, it ruled that the MDL 926 Settlement Fund failed to meet the legal criteria to assert an equitable lien. As a result, the Court denied the MDL 926 Settlement Fund's motion.

A copy of the ruling is posted on this website under the left navigation tab entitled "Court Orders."

JUNE 30, 2008

As of May 31, 2008, the Settlement Facility - Dow Corning Trust (SFDCT) has paid out in excess of $1.018 billion dollars to claimants, including the following amounts paid to Dow Corning Breast Implant Claimants: $414 million in Rupture claims, $140 million in Explant claims, $53.5 million in Expedited Release claims, and $393.4 million in Disease claims. A chart detailing claims payments is available in the CAC's electronic newsletter for June 27, 2008 (click on the left navigator heading E-Newsletters and follow the link to June 27, 2008 and by clicking on the heading "Claims Data".)

This is an URGENT REMINDER to "Eligible Late Claimants" identified in the Court's Order dated December 12, 2007 (a copy of the order is available to read or download under the left navigator heading "Court Orders"): the deadline to file a claim for Class 7 (Silicone Gel Material Claim Fund) or Class 9 or 10 (Covered Other Dow Corning Products) is July 21, 2008. If you are an Eligible Late Claimant with a silicone gel breast implant made by Baxter (Heyer-Schulte, etc.), Bristol (Surgitek, Meme, Natural Y, etc), Bioplasty, Cox-Uphoff and/or Mentor, then your claim is in Class 7 and you must submit your Class 7 claim form by July 21, 2008. Claim forms can be downloaded from the Settlement Facility website (www.sfdct.com or www.dcsettlement.com). If you have a Dow Corning Covered Other Product, i.e., hip, knee, TMJ, etc (a complete list of eligible implants is listed in the Claimant Information Guide), then you must submit your Class 9 (or Class 10 for non-US citizens) claim form by July 21, 2008 .

This is also an URGENT REMINDER that all timely Class 9 and 10 claimants must submit documents to cure any deficiencies in their Proof of Manufacturer documents by August 1, 2008.

If you have any questions about the status of your claim or the deadline that applies to your claim, contact the Settlement Facility toll free at 866-874-6099 or by email at: info@sfdct.com.

APRIL 29, 2008

The CAC issued its 44th e-newsletter today (Vol. 5, No. 4). You can view or download a copy by clicking on the left navigator heading "Electronic Newsletter" located on this page. If you would like to receive a free copy of future CAC newsletters, please complete the on-line form that is located under the same heading of "Electronic Newsletter."

The issue of confidentiality of claimants’ names and medical information was addressed in the recent e-newsletter. You may view or download of copy of the court’s CM-ECF case filing procedures policies, specifically Rule 20, along with administrative order 07-AO-030 by clicking on the left navigator heading “Claimant Confidentially”.

FEBRUARY 21, 2008

The Settlement Facility released additional information this week on how it processes claims for Scleroderma / Systemic Sclerosis. You can view or download a copy of the information by clicking on the left navigator heading "Disease Claims" and then clicking on the words "SF-DCT Criteria for Scleroderma." Information has also been released for disease claims of Polymyositis, Dermatomyositis, Mixed Connective Tissue Disease and Overlap Syndrome. The next scheduled release of information will be on April 1, 2008 on General Connective Tissue Symptom (GCTS) claims.

The Settlement Facility is issuing checks to approved Medical Condition claimants in Classes 9 and 10 (Covered Other Products) for "Additional" and "Premium" payment amounts as authorized by the Court in its Order of December 12, 2007 entitled, "Consent Order to Establish Guidelines for the Distributions From, And to Clarify the Allocation of, The Covered Other Products Fund." You can view a copy of the Order by clicking on the left navigator heading "Court Orders." If you received a deficiency notice from the Settlement Facility regarding your Proof of Manufacturer claim for Class 9 or 10, then you have until August 1, 2008 to submit acceptable proof of a Dow Corning Covered Other Product or your claim will be permanently barred. For more information, contact the Settlement Facility at their toll free number 1-866-874-6099 or contact them by email at: info@sfdct.com.

The following are important upcoming deadlines:

Deadline Date Type of Deadline

April 2, 2008 Cure Deadline for certain claimants who previously filed a claim for Polymyositis or Dermatomyositis (consult the SFDCT about your specific cure deadline)

May 1, 2008 Cure Deadline for certain claimants who previously filed a claim for Primary Sjogren’s Syndrome (PSS), Mixed Connective Tissue Disease (MCTD) or Overlap Syndrome (OS) (consult the SF-DCT about your specific cure deadline)

July 21, 2008 LATE CLAIM DEADLINE FOR CLASS 7, THE SILICONE MATERIAL CLAIMANT FUND and LATE CLAIM DEADLINE FOR CLASSES 9 AND 10, COVERED OTHER PRODUCTS FUND. This deadline only applies to Class 7, 9 and 10 Late Claimants listed in the Court’s Order of December 12, 2007.

August 18, 2008 Cure Deadline for certain claimants who previously filed a claim for Systemic Sclerosis / Scleroderma (consult the SF-DCT about your specific cure deadline)

October 1, 2008 Cure Deadline for certain claimants who previously filed a claim for General Connective Tissue Symptoms (consult the SF-DCT about your specific cure deadline)

October 20, 2008 NOI CLAIMANTS’ Deadline to submit Explant and/or Rupture claims – Classes 5, 6.1 and 6.2 (this deadline only applies to NOI claimants; it does NOT apply to timely filed claimants)

November 1, 2008 Cure Deadline for certain claimants who previously filed a claim for Atypical Neurological Disease Syndrome (ANDS) (consult the SF-DCT about your specific cure deadline)

December 15, 2008 Cure Deadline for certain claimants who previously filed a claim for Systemic Lupus Erythematosus (SLE) (consult the SF-DCT about your specific cure deadline)

January 21, 2009 FILING DEADLINE for LATE CLAIMANTS in CLASS 5 AND 6 to submit all claim forms and supporting documents. This deadline only applies to LATE CLAIMANTS in Class 5 and 6.

February 2, 2009 Cure Deadline for certain claimants who previously filed a claim for Atypical Connective Tissue Disease (ACTD) (consult the SF-DCT about your specific cure 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)

DECEMBER 13, 2007

1. Agreed Order Modifying Certain Final Disease Cure Deadlines -- this agreed order sets forth a new schedule for the release of certain disease and disabilty information by the Settlement Facility and sets out new cure deadlines that apply to these diseases. The new schedule is:

Scleroderma claims - information will be released by February 18, 2008; the new cure deadline for affected claims is August 18, 2008

General Connective Tissue Symptoms (GCTS) - information will be released by April 1, 2008; the new cure deadline for affected claims is October 1, 2008

Atypical Neurological Disease Syndrome (ANDS) - information will be released by May 1, 2008; the new cure deadline for affected claims is November 1, 2008

Systemic Lupus Erythematosus (SLE) - information will be released by June 13, 2008; the new cure deadline for affected claims is December 15, 2008

Atypical Connective Tissue Disease (ACTD) - information will be released by August 1, 2008; the new cure deadline for affected claims is February 2, 2009

2. Agreed Order Allowing Certain Late Claimants Limited Rights to Participate in the Plan's Settlement Facility -- this Order provides an opportunity for late claimants whose late claim request was received by the Court on or by June 1, 2007 to apply for limited benefits from the Settlement Facility. Claimants who wish to reject the settlement must do so by January 11, 2009. The Settlement Facility will send claim form packages to all eligible late claimants.

3. Consent Order to Establish Guidelines For Distributions From, and to Clarify The Allocation Of, The Covered Other Products Fund - this Order authorizes the Settlement Facility to distribute Additional and Premium Payments to approved Medical Condition claimants in Classes 9 and 10 (Covered Other Products Fund). The Settlement Facility will begin distributions immediately.

OCTOBER 31, 2007

The Settlement Facility has released information on disease criteria for the following Disease Option 1 claims: Primary Sjogren's Syndrome (PSS), Mixed Connective Tissue Disease (MCTD), and Overlap Snydrome (OS). You can download or print a copy of these documents on our website by clicking on the tab "Disease Claims" located on the left side of the screen. The next scheduled release of disease criteria will be for Scleroderma and Systemic Lupus Erythematosus (SLE) claims, which are eligible under both Disease Options 1 and 2. That information will be available on or before December 3, 2007.

The CAC issued an electronic newsletter today to those claimants and attorneys who have signed up to receive a copy. If you would like to register to receive the e-newsletter, click on the tab "Electronic Newsletter" located on the left side of the screen. Today's newsletter has information on claims processing and payment for claims in Classes 5 and 6 (Dow Corning breast implant claimants), Class 7 (Silicone Gel Material claimants) and Classes 9 and 10 (Covered Other Products claimants.) To date, the Settlement Facility has approved and paid approximately 100,000 claims totaling $917,465,415.

The Settlement Facility mailed information packages on the Notice of Intent (NOI) settlement to covered claimants and attorneys. (A copy of the Class 5/6 package will be available on the CAC website under "Rule 3005/Notice of Intent Claims.") Notice of Intent claimants are those persons who filed a Notice of Intent or Proof of Claim form that was received after November 30, 1999 (the date the bankruptcy court confirmed or approved the Amended Joint Plan of Reorganization of Dow Corning) and on or before August 30, 2004 (the deadline to file an NOI form), or who filed an NOI on or before November 30, 1999 but did not respond to Dow Corning's notice in 2004 that they needed to file a Proof of Claim form. If you have any question about whether you are an NOI claimant, contact the Claims Assistance Program's toll free number at 866-874-6099 or send them an email to: mailto:info@sfdct.com. The NOI settlement only applies to NOI claimants. It does not apply to timely filed claimants.

Included in the NOI informational package is the "NOI Acceptance Form." (A copy of this form is also avaiable for download on this website.) If you are an NOI claimant and want to remain in the NOI settlement, complete and return the NOI Acceptance Form to the Settlement Facility. The form instructs claimants to place a label on the box. Labels were not included in the informational package. Use the label that the Settlement Facility sent to you with the claim forms in 2003. If you do not have a label or cannot locate it, print your name and other information in the box and return the form. You do not need a label to return the form.

OCTOBER 16, 2007

The Finance Committee has released the Second Quarter 2007 Memorandum from the Independent Assessor. The Memorandum states that, "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 second quarter of 2007 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." For a copy of the Memorandum, click here.

OCTOBER 1, 2007

SF-DCT RELEASES INFORMATION ON CRITERIA FOR POLYMYOSITIS AND DERMATOMYOSITIS CLAIMS

The SF-DCT released new information on the criteria for disease claims for Polymyositis (PM) and Dermatomyositis. To view this information, Click Here. Additional information on disability claims and other eligible diseases and conditions will be released in the near future.

NOI Acceptance Form Available

NOI Claimants who wish to participate and accept the terms of the NOI Settlement can do so by completing and signing the NOI Acceptance Form.

SEPTEMBER 11, 2007

COURT SIGNS CONSENT ORDER ON “NOI” OR CONDITIONAL CLAIMS SETTLEMENT

On Friday, September 7, 2007, the Court signed a “Consent Order Resolving The Motions of Dow Corning Corporation To Establish Procedure To Match Notices of Intent to Rule 3005 Claims and Limit Participation In Settlement Program By Non-Matched Notice of Intent Filers.” This settlement only applies to Explant, Rupture and Expedited Release claims for “Conditional” or “Notice of Intent” claims in Classes 5 and 6 (Dow Corning breast implant claimants). It does not affect any benefits for timely filed claimants.

What is an “NOI Claim”?
Dow Corning filed motions in 2004 and 2006 (the NOI Motions) seeking to disallow “unmatched Notice of Intent claims” (“NOI Claimant”) for Explant, Rupture and Expedited Release. An “NOI Claimant” is someone who (a) submitted a Notice of Intent (NOI) or Proof of Claim (POC) form in the Dow Corning bankruptcy case that was received after November 30, 1999 (the date the bankruptcy court confirmed or approved the Joint Plan of Reorganization of Dow Corning) and on or before August 30, 2004 (the deadline to file an NOI form), or (b) filed an NOI on or before November 30, 1999, but did not respond to Dow Corning’s notice to file a POC pursuant to Paragraph 10 of the Confirmation Order.

NOTE: Most claimants are timely filed claimants and are not NOI Claimants. A timely filed claimant is someone who filed a Proof of Claim form in the Dow Corning bankruptcy on or before November 30, 1999, the date the bankruptcy court entered an order confirming or approving the Joint Plan of Reorganization. The NOI Consent Order does not apply to timely filed claimants. If you have any questions about whether this settlement applies to you, contact Claims Assistance at 1-866-874-6099 or at info@sfdct.com.

The Tort Claimants’ Committee – and then the Claimants’ Advisory Committee -- opposed the NOI Motions and have been working to resolve them for the past several years. We recently reached agreement to resolve Dow Corning’s objections to these NOI claims.

CAC Position Regarding The NOI Settlement and Consent Order
There are many reasons why we recommend that NOI Claimants accept this settlement. It allows NOI Claimants to seek recovery for Explant (removal of a Dow Corning breast implant) and Rupture of a silicone gel Dow Corning breast implant, and also allows NOI Claimants to possibly receive a Premium Payment if these payments are approved for other non-NOI Claimants and if sufficient funds are available. It also allows NOI Claimants to have their claim processed now and paid without any further delay caused by the NOI Motions.

There are some risks that NOI Claimants should consider. Under the settlement, the maximum amount available to pay all unmatched NOI Claimants for Explant and Rupture claims is $30 million. Based on the data and analyses that were done by a neutral third party – the Independent Assessor -- and the report of the Claims Administrator that was submitted pursuant to the June 10, 2004 “Order re Motion to Establish Procedures To Determine The Eligibility of Claimants Filing Notices of Intent After The Confirmation Date And Within 90 Days After The Effective Date,” this amount is estimated to be sufficient to pay all unmatched NOI claims for Explant and Rupture in full. However, payment in full cannot be guaranteed for Rupture claims for NOI Claimants. If $30 million is not sufficient, then Rupture and Explant claims by NOI Claimants (but primarily Rupture claims) may be reduced pro rata just like claims can be reduced pro rata for non-NOI Claimants if there is a funding shortfall.

Taking into account the benefits and risks, the Claimants’ Advisory Committee recommends that all NOI Claimants accept this settlement. A copy of the Consent Order is posted on the CAC website.

New Explant and Rupture Deadline For NOI Claimants ONLY
NOI Claimants will have only one year to submit a claim for Explant and Rupture. This means that you must have your Dow Corning breast implants removed and your Explant and Rupture claim forms sent to the Settlement Facility within the next year to qualify for these benefits. This is a shorter period of time compared to the Explant deadline for non-NOI Claimants so please take note of it. The Explant Assistance Program is also available to assist you. Please note that this extension of the Rupture deadline does NOT apply to non-NOI Claimants. The extension is only for NOI Claimants and has been allowed because NOI Claimants were told they were not eligible for Explant and Rupture benefits and were not allowed access to the Explant Assistance Program prior to this time.

JANUARY 16, 2007
Today, the Court entered the "Agreed Order Resetting Cure Deadlines." To download a copy of the Order, click HERE.

For most groups of claimants, this is the FINAL extension for curing deficiencies in EXPLANT, RUPTURE, and CLASS 9/10 claims (Class 9/10 is for COVERED OTHER PRODUCT CLAIMS such as hip, knee, etc.).

EXPLANT The proposed deadline to cure deficiencies in EXPLANT claims where the cure deadline either has already run or will run on or before March 18 is March 19, 2007. Claimants affected by the Agreed Order who do not cure their Explant deficiency on or by March 19, 2007 will have their Explant claim permanently denied.

RUPTURE The proposed cure deadline to cure deficiencies in RUPTURE claims is staggered based on the type of deficiency a claimant received. Please read this carefully:

Category A - claimants who received a Notification of Status letter from the SF-DCT stating their either (1) their Rupture claim was deficient because they did not submit the operative or pathology report required by the Plan, or (2) did not have their Dow Corning implant removed, AND whose cure deadline has or will run on or by March 18, 2007 will have a new and final cure deadline of March 19, 2007.

Category B - claimants who are not in Category A and who have a cure deadline that has already run or will run on or before May 6, 2007 will be in Category B. Beginning on February 1, 2007, the Claims Administrator will identify groups of claimants in Category B and provide them with at least 90 days notice of a new cure deadline. Thereafter, on a monthly basis, the Claims Administrator will send notices to the next group of claimants in Category B and identify a final cure deadline that is at least 90 days from the date of notice.

Claimants who do not cure their Rupture deficiency on or before the deadline in their new Notification letter will have their Rupture claim permanently denied.

DISEASE Claimants with a disease claim whose cure deadline has or will run on or before June 17, 2007 will have a new cure deadline of JUNE 18, 2007. The Claims Administrator and parties are working to finalize a document suitable for distribution to claimants concerning disease and disability criteria. After distribution of this document, the Claims Administrator and parties will establish a schedule for final cure deadlines for all disease claims in Classes 5, 6.1 and 6.2.

CLAIMANTS IN CLASSES 9 AND 10 (COVERED OTHER PRODUCTS) Claimants in Classes 9, 10.1 and 10.2 whose cure deadline has or will run on or prior to February 19, 2007 will have their cure deadline re-set to February 20, 2007. This is a final extension of cure deadlines for claimants in Classes 9, 10.1 and 10.2. Claimants in this group who do not submit the required documentation on or by February 20, 2007 will have their claim permanently denied.

JUNE 30, 2006 -- CURE DEADLINES EXTENDED TO JANUARY 17, 2007
On June 21, 2006, the Court entered an Agreed Order further extending all cure deadlines that have already run or that will run prior to January 16, 2007 to January 17, 2007. A copy of the Order can be downloaded by clicking [HERE]. This Order replaces and supercedes the order that re-set cure deadlines to July 17, 2006.

Also, on May 31, 2006, the CAC filed a motion seeking an extension of the June 1, 2006 deadline for certain groups of claimants with regard to the Rupture Deadline, and the Class 7 and 9/10 deadline. A copy of the motion and related pleadings, as well as a copy of a motion filed by the Siegel Kelleher law firm that also seeks an extension of the deadline can be viewed by clicking on the "Pending Motions" heading on this website and scrolling down to the appropriate motion. The Siegel Kelleher motion also requested the court to allow expert reports documenting rupture such as those prepared by Dr. Pierre Blais. The CAC supports this motion and filed a Response asking the Court to allow expert rupture reports.

Additional pleadings on the Disability A dispute and Release claims will be posted to the CAC website next week. We also plan to issue our next newsletter on July 6, 2006. If you have not registered to receive a free copy of the newsletter, you can do so now by clicking on E-Newsletter or by sending us an e-mail at: info@tortcomm.org.

JUNE 6, 2006
On May 31, 2006, the CAC filed a motion seeking an extension of the June 1, 2006 deadline for certain groups of claimants. You can read a copy of the motion by clicking on the heading "Pending Motions" and scrolling to the title, Motion for Extension.

In addition, a motion to toll the rupture deadline and a request for an extension of deadlines to cure deficiencies was filed by the law firm of Siegel, Kelleher & Kahn. A copy of the motion is also available under "Pending Motions" and scrolling to the appropriate title, Motion of Siegel Kelleher to Toll the Rupture Deadline.

APRIL 19, 2006
On March 16, 2006, the CAC filed an omnibus motion on behalf of claimants who signed a "release" document from 1992 - 1995 seeking to invalidate the release as unconscionable. A copy of the Motion for Declaratory Judgment, Memo in Support and the exhibits thereto are now available for download under "Pending Motions." If you are or represent a claimant who may be covered by this motion, please contact us at info@tortcomm.org.

In addition, the CAC has posted a list of acceptable Affirmative Statements from doctors regarding their use of Dow Corning implants. To view or download this list, click on "Product Identification" and the chart is listed there.

Additional translations of the CAC newsletters have also been posted as of today. Please click on "Translations" to view all of the available translations.

We are also informed that the email address for the MDL 926 Claims Office has changed. The new address is:
claimsoffice926@aol.com. The email address for the Settlement Facility is the same: info@sfdct.com.

APRIL 11, 2006
We have posted translations of the CAC newsletter into French, Portguese, Spanish, German, and Swedish. Click on "Translations" to view or download a copy.

MARCH 6, 2006
The following documents were posted to our website this week: a "Dear Doctor" letter from the Claims Administrator that can be provided to doctors to explain what the Settlement Facility is and to request their cooperation (a copy can be downloaded by clicking on "Claim Submission Issues" and then "Dear Doctor Letter"); new claims processing and payment data; recent motions filed regarding rupture and disease claims; and copies of pleadings filed regarding opt-out claims and releases.

In addition, the CAC issued a e-newsletter on February 24, 2006. You can read a copy (and sign up for free delivery) on this website by clicking on "E-Newsletter."

SEPTEMBER 29, 2005
SF-DCT Announces An Action Plan To Address Claims Processing Issues Noted in the Audit
Summary of Action Plan for Issues Identified by ARPC Audit

In June 2005, Analysis Research Planning Consultants (ARPC) provided a Report on the Audit of The Processes and Procedures of the Settlement Facility-Dow Corning Trust (the Facility). The results of the audit were presented to The Honorable Judge Denise Page Hood, the Finance Committee, the Claimants Advisory Committee and the Debtors Representatives. As a result of the audit, the Facility will take the following actions:

The Facility has met with the developer of the current system for processing claims to identify and plan improvements. The goal is to improve the speed, accuracy, and efficiency of our current processes and communications to Claimants.
In the areas identified as needing improvement the Facility has retrained staff. A new trainer has been hired to focus specifically on enhancement of our training resources.
The Facility is reviewing claims approved at MDL that were not approved by the Facility. If the claim was for the same disease and compensation level approved at MDL, the claim will be paid at the same level here. If the claim is for a new disease or higher compensation level, new records are required for the review.
The Facility is in the process of reviewing the letters used to communicate claim status. Where possible, letters will be edited for clarity of content.
The Facility has enhanced the resources used for Internal Quality Control of claims already approved or denied. Additional staff has been added to the audit team. This team is in the process of reviewing claims already processed to ensure consistency in outcomes.
As a result, if your claim is audited and found to be in error, the Facility will correct its error and contact you with the new results.
In the interim, we encourage you to complete and return the Request for Review of Additional Information forms enclosed with your status letters.
Also, if you disagree with the outcome of a review we encourage you to use all options available to you in Annex A:
- If you believe we made an error in the review, please write us and let us know where the error may have occurred. We will revisit the information in your file and communicate to you the results of the Error Correction Review.
- If you have new information to submit, please provide this information along with the Request for Review of Additional Information form. We will continue to review new information until your expiration deadline.
- If the results of the additional reviews are unfavorable to you, you may request an Appeal to the Claims Administrator.
- If the Claims Administrator determination is unfavorable to you, you may request an Appeal to the Appeals Judge.

The Settlement Facility is committed to addressing the claims processing and quality control issues raised in the audit findings. A new Claims Administrator was hired in May 2005 to review existing policies and practices and to restructure areas that were found deficient. He will soon issue information and guidelines for submission of claims and will conduct a series of informational meetings in the U.S. and Europe. We appreciate your patience as we work to improve the quality of our service.

Sincerely,
Settlement Facility - Dow Corning Trust

FEBRUARY 10, 2005
IMPORTANT UPDATE ON THE STATUS OF CLAIMS PROCESSING AT THE SETTLEMENT FACILITY

Over the last six months, the CAC has received thousands of emails, letters and phone calls from claimants and counsel regarding the slow processing and payment of claims at the Settlement Facility. We have also reviewed claims data and information provided to us in monthly reports generated by the Settlement Facility. Since July 2004, the CAC has expressed our deep concern to the management at the Settlement Facility on numerous occasions about the slow rate of processing and other processing problems. Frankly, we were disappointed with the answers we received.

We met with representatives of Dow Corning who are on the official committee called the Debtor's Representatives. They shared our and your concern that claims processing and payments appeared to be progressing very slowly. In December 2004, the CAC and Debtor's Representatives wrote a joint letter to the Finance Committee detailing our concern about, among other things, the claims processing and payment delays. We also requested an outside management consultant be hired to review the claims processing procedures at the Settlement Facility and report back on his findings and recommendations. On January 26, 2005, the Court authorized the Finance Committee to hire Claims Management Resolution Corporation "to conduct a claims and operations audit of the Settlement Facility Dow Corning Trust (SF-DCT). (A copy of the order will be posted on the CAC website under "Court Orders.") The formal report is expected soon, and we are hopeful that the report will lead to major changes and improvements.

Here is what we have learned thus far from our own investigation. The Settlement Facility informs us that they are current on processing Proof of Manufacturer Claims for Dow Corning breast implant claims through November 2004. They are not currently reviewing Proof of Manufacturer (or underlying claims) for Class 7 - Silicone Gel Claimants. Explant, Rupture and Disease claims have a significant backlog. Currently, the Settlement Facility is processing claims submitted in the spring of 2003, and there are in excess of 50,000 total pending claims in Class 5, 6.1 and 6.2 alone.

We have communicated to the Settlement Facility that this backlog, the slow rate of processing and paying claims, and the lack of any processing for Class 7 and 9 is unacceptable. We have also expressed our concern with the way the claims appear to be interpreted and found deficient whereas similar claims in the Revised Settlement Program were paid. The CAC has filed a number of motions with the Court that (1) seek to force the Settlement Facility to reveal the criteria they are using to interpret claim submissions and to toll any cure deadline for persons who were not provided accurate information, (2) toll the cure deadlines for requests for re-reviews that are pending in excess of 21 days, and (3) to add an additional proof of manufacturer protocol for Dow Corning breast implants for implantations done in the U.S. prior to 1970. Each of these motions can be read or downloaded on the CAC website under "Pending Motions." Claimants and counsel have reported to us that they were able to schedule a time to speak directly with one of the two nurse reviewers at the Claims Assistance Program who have provided detailed information needed to cure a deficiency. We urge all claimants who have a cure deadline running to make use of this service by calling Claims Assistance (1-866-874-6099) and asking to speak directly to a nurse reviewer.

Also, as of today, the CAC is posting information about the status of claims payments and opt-out information. We are pleased to report that the number of opt out claims is very small (approximately 800) and is much less than anyone expected. The news media has also begun to report on the slow processing. The Detroit Free Press, Midland Daily News (Midland, Michigan) and the AP wire service all ran stories yesterday. The AP story appeared in many major newspapers today. For more information about the media reports, please go to http://www.freep.com/index/health.htm and http://www.ourmidland.com (to read the full story, you must register at no cost and no obligation and then search for Dow Corning). For information about the current claims data on paid claims, please go to the CAC website (www.tortcomm.org) and click on "Claims Data". We are working to release more information on the status of pending claims and will update the CAC website - and send out additional e-newsletters - when this information becomes available.

The CAC remains committed to taking whatever action is necessary to address the problems we believe exist within the Settlement Facility and to ensure that claims are processed quickly, efficiently, and in the same manner that claims in the Revised Settlement Program were processed and paid.

FEBRUARY 8, 2005
On February 7, 2005, the Claimants' Advisory Committee filed a number of motions that may pertain to your claim. The motions seek to toll the cure deadline for all requests for re-review that are pending and seek to amend the Plan to adopt a new proof of manufacturer protocol for implantations done in the United States prior to 1971. A copy of these and other pending motions is located on the CAC website under a new topic heading titled "Pending Motions."

There are a number of additional important updates and developments which we will include in our next electronic newsletter which should be available on Monday, February 17, 2005. If you have not yet subscribed to receive a free copy of the e-newsletter, sign up now by clicking on "E-Newsletter" link on this website.

DECEMBER 10, 2004
This week, the Claimants' Advisory Committee filed a Motion For The Disclosure of Substantive Criteria Created, Adopted and/or Being Applied by the Settlement Facility and Request for Expedited Consideration with the District Court. A copy of the motion can be viewed or downloaded under the heading of "Other Downloads" on this website. A similar motion has been filed in the MDL proceedings before Chief Judge U.W. Clemon this week as well.

Counsel for some Class 6.2 claimants filed a motion seeking adjustment of the attorney fee limits similar to the motion that was filed and approved by the Court for Class 6.1 claimants. A copy of that motion can also be found under "Other Downloads."

NOVEMBER 30, 2004
The deadline to opt-out of the Settlement Option expired yesterday, November 29, 2004. If you did not opt-out of the Settlement Option by returning your Participation Form by overnight mail yesterday, then you are no longer allowed to opt-out and your claim will be placed automatically and permanently in the Settlement Option.

Claimants who did not return a Participation Form will also have their claim placed automatically and permanently in the Settlement Option.

Claimants who did timely opt-out will be sent a letter to confirm their decision. They will be given 30 days to change their election and return to the Settlement Option. If they do not return to the Settlement Option, then their claim will be placed permanently in the Litigation Option and they cannot return to the Settlement Option in the future.

Claimants who sent a timely opt-out election must complete the Litigation Questionnaire by February 28, 2005. A copy of the Questionnaire is available for download on this website. Only opt-out claimants should complete this Questionnaire. Claimants who remain in the Settlement Option do not need to complete it.

The CAC has issued several electronic newsletters which are availble on this website. If you have not yet subscribed (they are available at no cost), you can do so by clicking on E-Newsletter on this page and completing the on-line form. Our primary way of updating this website and informing claimants and attorneys of developments is the E-Newsletter which we publish once a month. Our next E-Newsletter will be issued on or around December 14th.

JULY 5, 2004
The Claimants' Advisory Committee ("CAC") mailed its first electronic newsletter on July 1, 2004 to claimants and attorneys who registered for the newsletter by July 1, 2004 at 10 a.m. Central Time. A second supplemental mailing was sent to those who registered by July 2, 2004 by 10 a.m. Central Time. If you registered after July 2nd at 10 a.m. Central Time, then you will be on the mailing list for the next CAC e-newsletter which should be available on or about July 13, 2004. In the meantime, you can read the first CAC newsletter by clicking on Electronic Newsletter on this site and scrolling down to the appropriate link. If you believe that you registered before July 2nd at 10 a.m. Central time but did not receive a copy of the newsletter, please re-register. We did receive a number of partial and incomplete email addresses. Other email addresses returned the newsletter to us because the "spam" filter on the recipient's computer rejected it. Please adjust the setting on your computers to allow for delivery of this newsletter.

The CAC has also been informed of websites that are selling forms and access to information in the Dow Corning bankruptcy case. There is no need to purchase any form or any information in this case. All forms and information are free by contacting the Settlement Facility directly at info@sfdct.com. If you paid money to receive forms or information in this case, please let us know by contacting us at: info@tortcomm.org. Also, all official information about this case, eligibility criteria, deadlines, class type, compensation payments, etc. is available through this website and the Settlement Facility. Please do not be misled by other websites with similar sounding names that claim to provide accurate information or that sell information. This information is free to you.

JUNE 28, 2004
CAC ESTABLISHES CONFIDENTIAL ELECTRONIC NEWSLETTER FOR TORT CLAIMANTS AND ATTORNEYS
The Claimants Advisory Committee has established an electronic newsletter to be sent by email to those who sign up for it. All names and email addresses will be kept confidential and will not be shared outside of this settlement. The newsletter will contain updates and new developments concerning the Settlement and Litigation Options, including information on claims processing, criteria, new protocols, and payment. We will also address frequently asked questions and provide feedback on common issues of interest.

To sign up to receive a copy, click on "Electronic Newsletter" on this website and complete the form. The first e-newsletter will be sent by e-mail on July 1, 2004.

JUNE 16, 2004 UPDATE
FIRST BATCH OF PAYMENTS MAILED
The first batch of payments to approved claimants was mailed June 15th. Additional payments will be mailed in early July 2004 and following at least monthly thereafter until all claims have been reviewed. Only claimants who received an award letter on or about June 1, 2004 will receive a payment in the June 15th mailing. Additional award letters and checks will be mailed, so please be patient.

If you have received a letter identifying a deficiency in your claim, then payment cannot be made until the deficiency is corrected. Please remember that there are very short time deadlines to cure a deficiency, so please take action immediately to submit additional documentation to cure the problem.

If you have not yet submitted claim forms or submitted them only recently, then you will probably not receive a status letter on your claim prior to the opt-out deadline of November 29, 2004. This is because claims are reviewed in the order that they are submitted, and there are tens of thousands of claims that are currently in line for processing. Claimants who know now that they want to remain in the Settlement Option must submit a Participation Form with the Settlement Option (Box 2A) checked for their claims to be reviewed and a status letter issued.

Payments will be issued separately for explant, rupture, and disease or expedited release. Therefore, if you submitted a claim for both explant and rupture and received only one award letter or one payment for explant for example, please be patient. You will receive a separate letter on the status of your rupture claim and on any other claim that you submitted.

URGENT INFORMATION FOR NOT-COVERED OTHER PRODUCTS CLAIMANTS
Dow Corning has provided the Settlement Facility and CAC with a list of products that it manufactured that are NOT eligible for compensation in the Class 9 /10.1 /10.2 Settlement Option (Class 9/ 10.1 and 10.2 are for claimants with a Dow Corning "Other Product" such as a hip, knee, chin, etc. implant). If you are in Class 9, 10.1 or 10.2, please review the list of not-Covered Other Products and the list of Covered Other Products (click on the link on this page called "Class 9, 10/1 and 10.2). As noted, claimants with these implants are not eligible for compensation from the Settlement Option; your only option is specified in the Litigation Facility Agreement at Section 5.2(a)(1) which states that:

"Claimants holding Children Direct Claims, Miscellaneous Raw Material Claims, and Other Products Claims which are not Covered Other Products Claims have no settlement offer but have only the litigation option."

Also, the Amended Joint Disclosure Statement provides at Section 6.4(H) that:

"Non-Settling Personal Injury Claimants, parties asserting Assumed Third Party Claims, Miscellaneous Raw Material Claimants and Other Products Claimants whose Claims do not arise from use of a Covered Other Product will have their Claims resolved through the procedures established by the Litigation Facility Agreement and the Case Management Order."

Claimants with a Dow Corning Other Product that is not a "Covered" Other Product (in other words, claimants whose only eligible implant or product is one listed on the chart included on this website under the heading "Class 9, 10.1 and 10.2) must file a lawsuit against the Litigation Facility, Inc. if they wish to pursue compensation. For example, silicone injection claimants are not offered any settlement benefits and are considered as not-Covered Other Product Claimants.

Currently, there is a dispute between Dow Corning and the CAC over whether a not-Covered Other Product claimant needs to complete the Participation Form and elect Box 2B (litigation) and return it to the Settlement Facility on or before November 29, 2004, or whether these claims are automatically considered opt-outs and are channeled to the Litigation Facility. To ensure your rights are protected, the CAC urges all claimants with a not-Covered Other Product who wish to pursue compensation to first contact an attorney for legal representation, to affirmatively opt-out by November 29, 2004, and to read the Case Management Order for information about deadlines and procedures to file a lawsuit against the Litigation Facility.

MAY 21, 2004 - JUDGE AUTHORIZES PAYMENTS TO CLAIMANTS

On May 20, 2004, Judge Denise Page Hood signed an Order authorizing the payment of First Priority Payments of Allowed Claims beginning on the Effective Date (June 1) and continuing until further order of the Court. This means that the Settlement Facility offices are now authorized to begin issuing payments to those claimants whose claims have been submitted and who have acceptable proof. For more information about the status of your claim, you can contact the Claims Assistance Program by visiting their website at www.dcsettlement.com or by calling toll free to 1-866-874-6099.

The Judge also issued an Order recognizing the appointment of the Claimants' Advisory Committee that was appointed by the Special Master. As noted earlier, the Committee consists of: Sybil Niden Goldrich, Ernest Hornsby and Dianna Pendleton-Dominguez. In addition, Melissa Ferrari was designated as the Foreign Claimant Liaison Counsel to the Claimants' Advisory Committee and will assist the Committee on issues involving non-United States claimants.

MAY 17, 2004 - CLAIMANTS' ADVISORY COMMITTEE APPOINTED

On May 14, 2004 the Claimants Advisory Committee ("CAC") was appointed pursuant to the Amended Plan of Reorganization. The Amended Joint Plan of Reorganization created this committee to assist in all aspects of implementing the Plan including advising and assisting the Settlement Facility, Claims Administrator, the Finance Committee and the Litigation Facility on all matters of mutual concern. The members of the Claimants' Advisory Committee are:

Sybil Niden Goldrich, tort claimant, Los Angeles
Ernest Hornsby, Esq., Dothan, Alabama
Dianna Pendleton-Dominguez, Esq., Houston, Texas

The members of the Claimants' Advisory Committee are very knowledgeable about the Settlement Plan and have worked closely on this litigation for the past 12 or more years and specifically have worked closely with the Claims Administrator on all issues related to this case. The Tort Claimants' Committee will be dissolved as of the Effective Date. Inquiries about the Settlement Option and Litigation Option may be directed to the Claimants' Advisory Committee at: info@tortcomm.org.

One of the first things we are working on is supporting efforts to allow payments to begin to approved claimants immediately after June 1st. We are also working closely with the Claims Administrator to hold claimant meetings and educate claimants about the settlement process and their rights.