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

Filing 4249

PRETRIAL ORDER NO. 8655 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS REVERSED AND THAT CLAIMANT SANDRA J. PENDERGRASS AND HER SPOUSE RICKY L. PENDERGRASS ARE ENTITLED TO MATRIX A, LEVEL BENEFITS, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/19/2011; 7/20/2011 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 109446 IN 11-MD-1203). (tjd)

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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. v. AMERICAN HOME PRODUCTS CORPORATION ) ) ) ) ) ) ) ) ) ) ) ) MDL NO. 1203 CIVIL ACTION NO. 99-20593 2:16 MD 1203 PRETRIAL ORDER NO. AND NOW, this 19th day of July, 2011, for the 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 claimant Sandra J. Pendergrass, and her spouse, Ricky L. Pendergrass, are entitled to Matrix A, Level II benefits. The Trust shall pay such benefits in accordance with the terms of the Settlement Agreement and Pretrial Order No. 2805, and shall reimburse Ms. Pendergrass for any Technical Advisor costs incurred in the show cause process. BY THE COURT: /s/ Harvey Bartle III J.

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