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ParfumGigi@aol.com

8 janvier, 2008 21:01

Tort claimants December news letter that sucks for, every woman, man and child!

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.
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.



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