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

Filing 4962

PRETRIAL ORDER NO. 9178 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED IN PART AND REVERSED IN PART; THE CLAIMS OF CLAIMANT HALE R. HARDING AND HIS SPOUSE JOANN D. HARDING FOR MATRIX A, LEVEL V BENEFITS ARE DENIED; C LAIMANT AND HIS SPOUSE ARE ENTITLED TO MATRIX B, LEVEL V BENEFITS; THE TRUST SHALL PAY SUCH BENEFITS IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND PTO NO. 2805 AND SHALL REIMBURSE MR. HARDING FOR ANY TECHNICAL ADVISOR COSTS INCURRED IN THE SHOW CAUSE PROCESS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/10/2013; 12/11/2013 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110171 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.

AND NOW, this

lOtlaay

g17B

of December, 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

claims of claimant Hale R. Harding and his spouse, JoAnn D.
Harding, for Matrix A, Level V benefits are DENIED.

Claimant

Hale R. Harding and his spouse, JoAnn D. Harding, are entitled
only to Matrix B, Level V 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. Harding for
any Technical Advisor costs incurred in the show cause process.
BY THE COURT:

c