Fenstersheib & Berkowitz, P.A.


Posted with permission from

Claimants’ Advisory Committee

Dow Corning Breast Implant/Bankruptcy Settlement
Volume 15, No. 3, February 15, 2018
This is the 153rd e-newsletter (Vol. 15, No. 3) from the Claimants’ Advisory Committee (CAC) in the Dow Corning bankruptcy Settlement Plan.
To see the full report click here:

Posted with permission from

January 23, 2018

The following law firms have offered to accept new clients who wish to submit a Disease claim in the Settlement Facility. To be eligible, women must have filed a Proof of Claim in the case and must be able to establish that they have or had a Dow Corning breast implant. The CAC does not endorse any law firm or attorney, nor do we guarantee that any claim will be approved simply because you are represented by an attorney.

Law Offices of Fenstersheib & Berkowitz is proud to be at the top of the list of suggested attorneys.

Last Name First Name Address City State ZIP Phone Email Other
Berkowitz Sheryl Law Office Of Fenstersheib & Berkowitz
520 Hallandale Beach Blvd
Hallandale Beach FL 33009 (800) 529-6268
954-456-2488 x255
acabrera@fenstersheib.com Amber Taisha Cabrera,

January 23, 2018

On January 31, 2018, the Settlement Facility will begin mailing a court-approved Notice about the final claims submission deadline of June 3, 2019 and the closing of the Settlement Facility offices shortly after that when all claims are processed and paid. There will also be an online Questions and Answers that will have more detailed information about the FINAL CLAIMS SUBMISSION DEADLINE. It will be available on or after February 1, 2018 here on the CAC website and on the Settlement Facility website. Please read through all the material carefully and confirm your status and contact information directly with the Settlement Facility at the number/email listed below.

Posted with permission from

Claimants’ Advisory Committee

Website: www.tortcomm.org
Email: info@tortcomm.org
Claimants’ Advisory Committee
P.O. Box 665
St. Marys, Ohio 45885

January 5, 2018

Dow Corning Breast Implant/Bankruptcy Settlement
Volume 15, No. 1, January 5, 2018

Like or Follow us on Facebook at: https://www.facebook.com/ClaimantsAdvisoryCommittee
Email: info@tortcomm.org
Phone: (419) 394-0717
Website: www.tortcomm.org
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.

This is the 151st e-newsletter (Vol. 15, No. 1) 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@tortcomm.org. Please do not hit “Reply” to this email address. To contact the CAC, use the email address: info@tortcomm.org or dpend440@aol.com. You can also contact the CAC directly at 419-394-0717.

Status Of Premium Payments

On December 27, 2017, the District Court entered an Order authorizing the Finance Committee to make Second Priority Payments (premium payments) to those claimants who did not previously receive the 50% premium payment. This means that if you did not receive a 50% premium payment in 2014-15 when they were originally authorized, the Court has directed the Settlement Facility to send those payments now. In addition, the Order authorized the Settlement Facility to make Increased Severity Disease payments in Disease Option 2 since these are also defined as Second Priority Payments. Increased Severity Payments for Disease Option 1 will not be made at this time because Disease Option 1 has a capped $15 million fund for Increased Severity claims.

We hope that Dow Corning will not appeal or seek a stay of the Order. They have 30 days in which to file something with the Court of Appeals. We will, of course, oppose any motion that seeks to stop the payments from going out and will oppose any appeal. Unfortunately, this means that there is a possibility of delay in sending the payments. We will know more soon and will post all updates on our website and in future newsletters. You can read the Court’s decision on our website under “Court Orders” and also under “Premium Payment Issue.”

Please note that this Order does NOT authorize any other premium payments.

Court Orders A Notice To Be Sent Regarding The Closing Of The Settlement Facility And Final Claims Deadline Of June 3, 2019

On December 27, 2017, the District Court approved the “Stipulation and Order Approving Notice of Closing and Final Deadline For Claims.” This authorizes the Settlement Facility to mail a document to claimants in Classes 5, 6.1, and 6.2 called the “Notice of Termination of Settlement Program, Closing of SF-DCT Offices, End of Processing of Breast Implant Claims, Final Deadline For Filing Claims: June 3, 2019.” This document will be mailed at the end of January 2018. In addition, the Settlement Facility will post Q&As and other information about the closing and final deadline on its website, and we will post them on the CAC website as well. They will be available at the end of January 2018 as well.

You can view the Order and the “Notice of Termination of Settlement Program, Closing of SF-DCT Offices, End of Processing of Breast Implant Claims, Final Deadline For Filing Claims: June 3, 2019” on the CAC website. Please make sure that your address and contact information is current with the SF-DCT and, if you are represented, that your attorneys’ address and name is current as well.

Please follow our Facebook page and website for updates.

Deadline And Other Reminders

KEEP CONTACT INFORMATION UPDATED WITH THE SETTLEMENT FACILITY: Keep all information regarding a claimant’s name, address, phone number, email address, and attorney information current with the Settlement Facility. Attorneys and law firms should also keep their contact information current with the Settlement Facility. Many claimants have been approved for payments but they have moved and have not provided a current address. Send all updates to the Settlement Facility at: Settlement Facility, P.O. Box 52429, Houston, TX 77052 or by email to: info@sfdct.com.
PROBATE INFORMATION (BENEFITS PAYABLE AFTER A CLAIMANT’S DEATH): If a claimant has died, her estate can receive the claimant’s approved payments, but they must contain certain necessary documents from the probate court. For more information on what the Settlement Facility needs, contact them toll free at: 1-866-874-6099 or by email at info@sfdct.com.
ATTORNEY FEE LIMITS AND EXPENSES: The Plan sets a cap on the attorney fees payable to your attorney (if you were represented individually on your claim). The fee limits are: 10% of the first $10,000; 22.5% of the next $40,000; and 30% of amounts in excess of $50,000. The Plan also lists the types of expenses that attorneys can charge. For more information on allowable fees and expenses, review the Claimant Information Guide at Section 11 (http://www.tortcomm.org/downloads/CIG_ENG_5.pdf).
EXPLANT ASSISTANCE: The Explant Assistance program in the Dow Corning Settlement Facility expired in 2014. In addition, the MDL 926 Revised Settlement Program that covered other manufacturers like Bristol, Baxter, and 3M closed in 2010 so there are NO explant benefits available from either settlement. However, if you still are implanted and need financial assistance to have the breast implants removed, you may be eligible for some financial assistance from a separate program. Contact Jeff Condra at jcondra@oplc.org for more information.

Please mark your calendar with the following claim submission deadline. Please note that this deadline means that your claim forms and supporting documents must be postmarked on or before the posted deadline. Please mail all forms early enough so your claim will not be late.

Deadline Date Type of Deadline
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)

Increased Severity claims in Disease Option 1 and Disease Option 2 for all approved disease claims in Classes 5, 6.1, and 6.2.

Time is of the essence! The deadline to file for Increased Severity claims is June 3, 2019. If you believe your symptoms have worsened but do not have an attorney, please call our office today at (800) 529-6268 for a free consultation.

NOTICE: This document is copyrighted. You are not authorized to post it on any website without the express, prior written permission of the Claimants’ Advisory Committee.

Attorney Sheryl E. Berkowitz

Contact Our Mass Tort Lawyers
(800) 529-6268

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