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 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.
In 2004 and 2006, Dow Corning filed motions (the NOI motions) objecting to the payment of benefits to most NOI Claimants. In 2006, the Claims Administrator issued a determination that NOI Claimants in Classes 7, 9 and 10 could participate and, if eligible, receive benefits in the same manner as timely filed claimants. Judge Hood issued a Consent Order on September 7, 2007 approving a settlement (the NOI settlement) that allows NOI claimants in Classes 5 and 6 (Dow Corning breast implant recipients) to have their claims for Explant, Rupture and Expedited Release processed and, if eligible, paid.
NOI Claimants had until October 20, 2008 to file Explant and Rupture claims. This deadline does not apply to timely filed claimants who may file a claim for Explant up to June 2, 2014. The Settlement Facility sent a letter to NOI Claimants explaining their rights and deadlines on October 19, 2007. NOI Claimants may file a claim for Disease up to June 3, 2019.
The determination of whether to pay Premium Payments for Rupture NOI Claimants will be made by the United States District Court as set forth in the Plan. It will be based on whether there are available funds remaining in the $30 million NOI Settlement fund after all Explant claims and Base Payments for Rupture claims have been paid to NOI Claimants and whether, and in what amount, Premium Payments are authorized for non-NOI Claimants.