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

Filing 4876

PRETRIAL ORDER NO. 9132 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; CLAIMANT JOHN V. DAVIS IS ENTITLED TO MATRIX B-1, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805; THE MOTION OF CLAIMANT JOHN V. DAVIS FOR INCLUSION OF THE SUPPLEMENTAL DECLARATION OF HIS EXPERT IN THE SHOW CAUSE RECORD IS DENIED AS MOOT; THE MOTION OF CLAIMANT JOHN V. DAVIS TO FILE A S UPPLEMENTAL BRIEF IN REPLY TO HIS MOTION FOR INCLUSION OF THE SUPPLEMENTAL DECLARATION OF HIS IN THE SHOW CAUSE RECORD IS DENIED AS MOOT. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/16/2013; 8/16/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110093 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

MDL NO. 1203

THIS DOCUMENT RELATES TO:
SHEILA BROWN, et al.
CIVIL ACTION NO. 99-20593
v.

AMERICAN HOME PRODUCTS
CORPORATION

2:16 MD 1203

PRETRIAL ORDER

AND NOW, this ~~~day of August, 2013, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that:
(1)

the final post-audit determination of the AHP

Settlement Trust is AFFIRMED in part and REVERSED in part.
Claimant John V. Davis is entitled to Matrix B-1, Level V
benefits.

The Trust shall pay such benefits in accordance with

the terms of the Settlement Agreement and Pretrial Order
No. 2805;
(2)

the motion of claimant John V. Davis for inclusion

of the supplemental declaration of his expert in the show cause
record (Dkt. No. 99-20593, Doc. No. 4729) is DENIED as moot; and
(3)

the motion of claimant John V. Davis to file a

supplemental brief in reply to his motion for inclusion of the

supplemental declaration of his expert in the show cause record
(Dkt. No. 99-20593, Doc. No. 4770) is DENIED as moot.
BY THE COURT:

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