Church v. Boehringer Ingelheim Pharmaceuticals, Inc. et al

Filing 9

ORDER granting 8 Joint Motion. Upon consideration of the parties Joint Motion, and for good cause shown, the Court hereby rescinds its Order executed on November 19, 2014 and entered on the Courts docket on November 20, 2014 [Document 6], and enters the attached QSF in its place. Signed by Judge David R. Herndon on 11/25/2014. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

IN RE: PRADAXA (DABIGATRAN
ETEXILATE) PRODUCTS
LIABILITY LITIGATION

THIS DOCUMENT RELATES TO:
Glen Franklin Church v.
Boehringer Ingelheim
Pharmaceuticals, Inc., et al.
AND RELATED CASES (See Doc.
5-1)

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3:12-MD-02385-DRH-SCW
MDL NO. 2385
JUDGE DAVID R. HERNDON

Civil Action No.:
3:13-CV-51900-DRH-SCW

ORDER

Upon consideration of the parties’ Joint Motion,

and for good cause

shown, the Court hereby rescinds its Order executed on November 19, 2014 and
entered on the Court’s docket on November 20, 2014 [Document 6], and enters
the following Order as follows:
1.

Milstein Adelman LLP Pradaxa Qualified Settlement Fund is

approved, and the Court retains jurisdiction thereof.

Milstein Adelman LLP

Pradaxa Qualified Settlement Fund shall be established and operated in a manner
consistent with the rules of Treasury Regulation Section 1.468B-1.
2.

The purpose of this Order is to facilitate the settlement of claims. No

adjudication of Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer

Ingelheim International GMBH’s (or any other Defendants’) liability shall be made
in this Order.
3.

Scott H. Freeman is hereby appointed as Administrator of Milstein

Adelman LLP Pradaxa Qualified Settlement Fund pursuant to the terms,
conditions, and restrictions of the Master Settlement Agreement and Plaintiffs’
Motion to Establish Qualified Settlement Fund, to the extent that the terms,
conditions and restrictions in Plaintiffs’ Motion are not inconsistent with the
Master Settlement Agreement. To the extent that Plaintiffs’ Motion is in any way
inconsistent with the Master Settlement Agreement, the Master Settlement
Agreement governs.
4.

Milstein

Adelman

LLP

Pradaxa

Qualified

Settlement

Fund

Administrator is authorized to (a) invest the Fund; (b) make distributions from
the Fund; and (c) segregate the Fund into sub-accounts consistent with the Master
Settlement Agreement and Plaintiffs’ Motion to Establish Qualified Settlement
Fund (to the extent not inconsistent with the Master Settlement Agreement).
Further, the

Milstein Adelman

LLP

Pradaxa Qualified

Settlement

Fund

Administrator is authorized, upon final distribution of all monies paid into the
Fund, to take appropriate steps to wind down the Fund, thereby discharging the
Fund Administrator from any further responsibility with respect to the Fund.
5.

Nothing in this Order changes or affects the obligations of the parties

to the Master Settlement Agreement, or is meant in any way to alter or amend the
terms of that Agreement. Specifically, this Order is not intended to – and does

not – impose any additional obligations on Boehringer Ingelheim Pharmaceuticals,
Inc., Boehringer Ingelheim International GMBH, or any other Defendant, beyond
those obligations set forth in the Master Settlement Agreement. This Order is to
be read in conjunction with the Master Settlement Agreement, and is intended to
be in furtherance of it.

To the extent that this Order is inconsistent with the

terms, conditions, and/or restrictions of the Master Settlement Agreement, the
Master Settlement Agreement governs.
IT IS SO ORDERED.
Signed this 25th day of November, 2014.

District Judge
United States District Court