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

Filing 5046

PRETRIAL ORDER NO. 9226 THAT THE FINAL POST-AUDIT DETERMINATION OF THE AHP SETTLEMENT TRUST IS AFFIRMED AND THAT THE MATRIX A, LEVEL III CLAIMS SUBMITTED BY THE ESTATE OF DENNIS J. KENNEDY AND MR. KENNEDY'S SPOUSE PATTI KENNEDY ARE DENIED; CLAIM ANT IS ONLY ENTITLED ONLY TO MATRIX B-1, LEVEL III BENEFITS; THE OBJECTIONS TO THE SPECIAL MASTER'S ORDER REFERRING CLAIM TO A TECHNICAL ADVISOR FOR REVIEW ARE OVERRULED AND THE MOTION TO CLOSE SHOW CAUSE RECORD IS DENIED; THE MOTION FOR INCLUSI ON OF THE CONTRIBUTIONS MADE BY DR. MUTTREJA AND DR. DLABAL TO THE RESPONSE TO THE TECHNICAL ADVISOR REPORT IS DENIED AND THE OBJECTIONS ARE OVERRULED; THE MOTION TO FILE SUPPLEMENTAL BRIEF IN REPLY TO AHP SETTLEMENT TRUST'S RESPONSE IN OPPOSITION TO CLAIMANT'S OBJECTIONS TO SPECIAL MASTER'S ORDER IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/15/2014; 4/16/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110262 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.

AND NOW, this/.s=clday of April, 2014, 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 that the Matrix A, Level III
claims submitted by the Estate of Dennis J. Kennedy and
Mr. Kennedy's spouse, Patti Kennedy, are DENIED.

The Estate of

Dennis J. Kennedy and Mr. Kennedy's spouse, Patti Kennedy, are
entitled only to Matrix B-1, Level III benefits;
(2)

the Objections to the Special Master's Order

Referring Claim to a Technical Advisor for Review are OVERRULED
and the Motion to Close Show Cause Record is DENIED [Dkt. No. 99cv-20593; Doc. No. 4772];
(3)

the Motion for Inclusion of the Contributions Made

by Dr. Muttreja and Dr. Dlabal to the Response to the Technical

Advisor Report [Dkt. No. 99-cv-20593; Doc. No. 4906] is DENIED
and the Objections to Special Master's Order are OVERRULED; and
(4)

the Motion to File Supplemental Brief in Reply to

AHP Settlement Trust's Response in Opposition to Claimant Dennis

J. Kennedy's Objections to Special Master's Order and Motion for
Inclusion of the Contributions Made by Dr. Muttreja and
Dr. Dlabal to the Response to the Technical Advisor Report
[Dkt. No. 99-cv-20593; Doc. No. 4918]

is GRANTED.

BY THE COURT:

-2-