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
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
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