BROWN, et al v. AMERICAN HOME PROD, et al

Filing 4189

PRETRIAL ORDER NO. 8609 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT THE ESTATE OF LANELL BOTTS AND SPOUSE THOMAS H. BOTTS ARE ENTITLED TO MATRIX B, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN AC CORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE THE ESTATE FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/25/2011; 2/25/2011 ENTERED AND COPIES MAILED, E-MAILED AND DISTRIBUTED TO LIAISON COUNSEL. (SEE PAPER # 109389 IN 11-MD-1203). (tjd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al.
) ) ) ) ) ) ) ) ) ) ) )

MDL NO. 1203

CIVIL ACTION NO. 99-20593 2:16 MD 1203

v.
AMERICAN HOME PRODUCTS CORPORATION

PRETRIAL ORDER NO.

8~o9
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AND NOW

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this ~~day of February

2011, for the
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reasons set forth in the accompanying Memorandum

it is hereby

ORDERED that the final post-audit determination of the AHP Settlement Trust is REVERSED and that the Estate of Lanell Botts and the spouse of the late Lanell Botts entitled to Matrix BI Level V benefits.
l l

Thomas H. Botts

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are

The Trust shall pay such

benefits in accordance with the terms of the Settlement Agreement and Pretrial Order No. 2805
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and shall reimburse the Estate for

any Technical Advisor costs incurred in the show cause process. BY THE COURT: