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

Filing 4943

PRETRIAL ORDER NO. 9165 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THE MATRIX A-1, LEVEL III CLAIM SUBMITTED BY CLAIMANT BEVERLY A. ELLIS IS DENIED; CLAIMANT IS ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS; THE OBJECTIONS OF CLAIMANT BEVERLY A. ELLIS TO THE SPECIAL MASTER'S DENIAL OF CLAIMANT'S REQUEST FOR INCLUSION OF A SUPPLEMENTAL DECLARATION BY HER EXPERT IN THE SHOW CAUSE RECORD ARE OVERRULED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/20/2013; 11/20/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110148 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.
2:16 MD 1203

AMERICAN HOME PRODUCTS
CORPORATION
PRETRIAL ORDER NO.

9Jlo5

AND NOW, thisaotla.ay of November, 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 and the Matrix A-1, Level III claim
submitted by claimant Beverly A. Ellis is DENIED.

Claimant

Beverly A. Ellis is entitled only to Matrix B-1, Level III
benefits; and
(2)

the objections of claimant Beverly A. Ellis to the

Special Master's denial of claimant's request for inclusion of a
supplemental declaration by her expert in the Show Cause Record
(Dkt. No. 2:99-cv-20593, Doc. No. 4628) are OVERRULED.
BY THE COURT:

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