1. Deadlines to “register” a claim with the bankruptcy court
During the bankruptcy proceedings, claimants were required to file a Proof of Claim form. By Order of the bankruptcy court, the deadline to be considered “timely” was set as November 30, 1999.
Section 2.02 (b)(i) of Annex A to the Settlement Facility and Fund Distribution Agreement also established a process where claimants who had not filed a timely Proof of Claim but on whose behalf such a form was filed, could file a “Notice of Intent” form with the court. Section 2.02 (b)(iii) set the deadline as 90 days after the Effective Date of the Plan, which was June 1, 2004. Therefore, the deadline to file a Notice of Intent form was August 30, 2004
2. Deadlines to file Proof of Manufacturer and a claim for benefits with the Settlement Facility
All deadlines for timely claimants to file a claim for benefits are linked to the Effective Date of the Plan – June 1, 2004.
| Deadline | Benefit | Annex A Reference |
|---|---|---|
| June 1, 2006 | Deadline to submit Rupture claim | Section 6.02 (a)(iii) |
| June 1, 2006 | Deadline to submit Class 7 claim | Section 6.04(h)(ii) |
| June 1, 2006 | Deadline to submit Class 9/10 claim | Section 6.03 (c) |
| June 2, 2014 | Deadline to submit Explant claim | Section 6.02 (a)(i) |
| June 3, 2019 | Deadline to submit Disease or Expedited Release claim |
Section 6.02 (a)(ii) |
| June 3, 2019 | Deadline to submit Proof of Manufacturer claim form | Proof of Manufacturer Form Instructions Question 6 |
3. Deadlines to cure deficiencies in claim submissions
Annex A establishes time limits for claimants to fix problems in their claims after the Settlement Facility notifies them of the problems in a “Notification of Status” letter.
| Type of Claim | Deadline | Annex A Reference |
|---|---|---|
| Explant | 6 months from the date of the NOS letter | Section 7.09 (a)(iii) |
| Rupture | 6 months from the date of the NOS letter | Section 7.09 (c)(ii) |
| Disease | 1 year from the date of the NOS letter | Section 7.09 (b)(ii)(1) |
| Class 7 | Disease1 year from the date of the NOS letter | Section 7.09 (b)(ii)(1) |
| Class 9, 10 | 6 months from the date of the NOS letter | Section 6.03 (f) |
4. Deadlines that apply only to Notice of Intent Claimants
| Type of Claim | Deadline | Reference |
|---|---|---|
| Expant and Rupture | October 20, 2008 | NOI Consent Order |
5. Deadlines that apply only to "Eligible Late Claimants"
| Type of Claim | Deadline | Reference |
|---|---|---|
| Class 7, 9,10 | July 21, 2008 | Late Claimant Order |
| Class 5, 6.1, 6.2 | January 21, 2009 | Late Claimant Order |