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

Filing 4951

PRETRIAL ORDER NO. 9168 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; THE CLAIM OF ROBERT J. JOHNSON FOR MATRIX A-1 BENEFITS AND HIS CLAIM FOR LEVEL V MATRIX BENEFITS ARE DENIED; CLAIMAN T IS ENTITLED ONLY TO MATRIX B-1, LEVEL IV BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE MR. JOHNSON FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/26/2013; 11/26/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110155 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 NO.

qI"

s

AND NOW, this~t:(.day of November, 2013, 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 AFFIRMED IN PART, REVERSED IN PART.

The claim of Robert

J. Johnson for Matrix A-1 benefits and his claim for Level V
Matrix Benefits are DENIED.

Claimant Robert J. Johnson is

entitled only to Matrix B-1, Level IV benefits.

The Trust shall

pay such benefits in accordance with the terms of the Settlement
Agreement and Pretrial Order No. 2805, and shall reimburse
Mr. Johnson for any Technical Advisor costs incurred in the show
cause process.
BY THE COURT: