​What to expect in 2020?  Good question for which, unfortunately, there is no clear or good answer.  The final deadline to file a disease claim or for expedited release payment was June 3, 2019.  So, at this point, the Settlement Facility should know and have “their world”…who is seeking awards and how much…defined.  There is no word on the status or decisions regarding Premium Payments.  No time lines.  No projections.   So, what’s a person to do?

• First and foremost, make sure the Settlement Facility, and your attorney if represented, has your current contact information.  Same advice to attorneys representing claimants.
• Claimants review your present status: are you waiting on a decision on a claim from the Settlement Facility; are you eligible for and waiting for Premium Payments; are you facing a deadline to attempt to cure a deficiency set out in a Notification of Status Letter by the Settlement Facility on a claim, etc?
• Claimants with filed claims pending or who remain eligible for Premium Payments should consider providing a spouse, adult child or other trusted relative or friend, information about a pending claim and who to contact should you, for whatever reason, are not able.  If represented by an attorney, provide your attorney with additional contacts.
• If you are the spouse, child or other heir of a claimant who is now deceased who may still have claims pending, you should contact the Settlement Facility or attorney to determine what steps need be taken to follow through on that claim which would survive the claimant’s death.
• And again, make sure the Settlement Facility, and your attorney if represented, has the correct and current contact information.

 
These are but a few suggestions.  I would hope that everyone who remains involved in this class action and the Dow Corning Settlement Plan, from the claimants to attorneys to the Settlement Facility, to the Court and even Dow Corning, share the same beliefs and commitments. It is time to move this process along and bring this to a conclusion. The purpose of this Plan was to resolve and bring some relief to the claimants. That this process needs to be administered, as the former administrator David Austern stated at a presentation in Texas many years ago, in such a way to be “claimant friendly” and for the benefit of the claimants.  And that continued delays…any delays…diminish the value of this Plan for claimants. 

          On December 27, 2017 the District Court issued its decision on the motion and recommendation of the Finance Committee relating to Premium Payments.  The hearing on this motion was in March, 2017 and the parties were provided the opportunity to present additional exhibits through May, 2017.  Dow Corning opposed the recommendation to resume issuing Premium Payments.  In its December 27, 2017 decision, the Court order that the process of issuing partial Premium Payments on eligible claims which have not yet received an initial partial Premium Payment should resume.  If a Claimant has not yet received a partial Premium Payment on an eligible disease or rupture award, that claimant would be part of this process.  No decision was made as to whether or when second partial Premium Payments would resume. Unfortunately, as expected, Dow Corning filed an appeal of this decision and order on January 25, 2018.  Seeking to stop or stay the process of issuing partial Premium Payments while the appeal is pending, Dow Corning has also filed for a STAY of the Court's order.  The CAC is opposing that motion for stay.  A hearing on that motion is now set for March 22, 2018.  
         The delays and continued opposition by Dow Corning as the Settlement Facility, CAC and Claimants and their attorneys work to properly implement and pursue remedies specifically set out in the Plan are frustrating to say the least.  It seems that Dow Corning has chosen and is being allowed to re-litigate the merits and terms of a settlement plan which had previously gone through the process of review and approval prior to being declared effective.   Now, as we rapidly approach the end of the term of the Plan and the deadline within which any eligible claims may be filed, the process of paying certain claims continues to be delayed.   The DEADLINE FOR SUBMISSION OF CLAIMS IS JUNE 3, 2019.  It is very important that all claimants note that date on their calendars.  It is also important that the Settlement Facility has your correct address and other contact information.  If represented by counsel, make sure your attorney also has your current and correct information.  The Settlement Facility is now in the process of sending out letters to all claimants to the address it has in file to provide notice of the approaching deadline and its consequences.  Any claimant who does not receive that letter within the next thirty days should contact the Settlement Facility  or their attorney to verify that current address and contact information is on file.
        Another part of the Court's order of December 27, 2017 deals with the issuance of payments on increased severity claims.  Claimants who have previously approved Disease claims may be eligible to seek additional compensation if the claimant can established an increase in the severity of the previously approved claim.  Contact your counsel for additional information.
       Finally, if you are a Class 5 Dow Corning Claimant (or believe you may be) and have not yet established acceptable proof that you have had at least one Dow Corning silicone gel filled implant or have not filed a disease claim or filed for an expedited release payment, as the deadline for those filings is June 3, 2019 NOW is the time to take action.  Further updates will be posted as additional information becomes available.  Thanks.
Cole

BREAST IMPLANT LITIGATION
DOW CORNING SETTLEMENT PLAN
Updated July 23, 2016
 
I have created this page on my website to provide my clients with ongoing status updates about the progress of the distribution of the settlement proceeds they are entitled to, and also as a means of potentially bringing together other interested parties to encourage timely resolution of the outstanding issues concerning Premium Payments and the distribution of other settlement proceeds.
 
In the Spring of 2014, the Settlement Facility – Dow Corning Trust began distributing partial Premium Payments to eligible Dow Coming claimants.  With the support of the Finance Committee, the Claimant Advisory Committee, and the Settlement Facility, the District Court approved the issuance of the partial Premium Payments.  Dow Coming appealed.  The payments continued while the appeal was pending.
 
On January 27, 2015, the Sixth Circuit Court of Appeals reversed the decision of the District Court, issued an order stopping continued issuance of Premium Payments and sent the matter back to the District Court with instructions.  The Sixth Circuit’s opinion indicated that the District Court should reconsider the issue consistent with its instructions.  The District Court’s docket does not indicate that any party – including the Finance Committee, the Claimant Advisory Committee, or the Settlement Facility – has taken any action to bring the matter back before the District Court since that time.  As of July 14, 2016, the last update to the Claimant Advisory Committee’s website occurred on December 5, 2015.
 
I am concerned about the possibility that the Claimant Advisory Committee may choose to simply wait until the passing of the June 3, 2019 deadline before pursuing issuance of Premium Payments again.  My understanding is that the Claimant Advisory Committee is worried about the Finance Committee’s support for resuming Premium Payments, the District Court’s timeframe to rule on any motion brought before it, the likelihood of an appeal by Dow, and related matters.  However, these same potential pitfalls will continue after the passing of the deadline.  The June 3, 2019 deadline cuts off the filing of new claims.  Claims filed prior to the deadline will likely still be under review and pending for some time after the deadline. The District Court will continue to supervise the process and be called upon to decide issues, make decisions and issue orders.
 
The question then is whether there is a benefit to the claimants to wait or a risk to the claimants to actively and aggressively pursue the issuance of Premium Payments at this time.  I do not see the benefit in waiting, and believe that the Premium Payments issues at the very least should be resolved as soon as possible.
 
As noted above, I am concerned that the Claimant Advisory Committee will allow nearly three more years to pass before pushing to resolve the issue with the Premium Payments, and am looking into options to prod the Committee into action.  I will continue to update this page to share the Committee’s progress. If anyone else shares my concerns or has additional information that may be helpful to consider, please do not hesitate to contact me.