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

Filing 5066

PRETRIAL ORDER NO. 9294 THAT THE COURT APPROVES THE REIMBURSEMENT OF $58,336.37 IN LITIGATION EXPENSES INCURRED BY THE 2013 JOINT FEE APPLICANTS TO BE PAID, REIMBURSED AND/OR ALLOCATED AS OUTLINED HEREIN, ETC.; THE COURT AUTHORIZES THE TERMINATI ON OF THE CONSOLIDATED FUND A ESCROW ACCOUNT AND DIRECTS PNC BANK AS ESCROW AGENT FOR THE CONSOLIDATED FUND A ESCROW ACCOUNT TO PAY THE TRUST THE NET AMOUNT REMAINING IN THE CONSOLIDATED FUND A ESCROW ACCOUNT WITH SUCH NET AMOUNT TO BE INCLUDED IN TH E TRUST'S PAYMENT OF SUCH FEES AS IT IS AUTHORIZED HEREIN TO DISTRIBUTE TO THE 2013 JOINT FEE APPLICANTS; THE COURT AWARDS THE 2013 JOINT CLASS FEE APPLICANTS AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $1,026,425 TO COMPENSATE THE 20 13 JOINT CLASS FEE APPLICANTS FOR WORK PERFORMED BY THEM DURING THE PERIOD FROM JANUARY 1, 2013 TO DECEMBER 31, 2013 AS OUTLINED HEREIN, ETC.; NO EARLIER THAN 20 DAYS AFTER THE DATE OF THIS ORDER AND AS SOON AS IS COMMERCIALLY REASONABLE THE TRUST SH ALL DISBURSE THE PAYMENTS SET FORTH IN PARAGRAPH 5 OF THIS ORDER; THE COURT AWARDS LEVIN, FISHBEIN, SEDRAN & BERMAN AN ATTORNEYS' FEE IN THE AGGREGATE AMOUNT OF $944,700 TO BE PAID FROM FUNDS ON DEPOSIT IN THE MDL 1203 FEE AND COST ACCOUNT; NO EARLIER THAN 20 DAYS FROM THE DATE OF THIS ORDER AND AS SOON AS IS REASONABLY PRACTICABLE GREGORY P. MILLER, ESQUIRE AS ESCROW AGENT FOR THE MDL 1203 FEE AND COST ACCOUNT SHALL DISBURSE FROM SAID ACCOUNT THE PAYMENT SET FORTH IN PARAGRAPH 7 OF THIS ORDER, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/17/2014; 6/18/2014 ENTERED AND COPIES MAILED AND E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 110337 IN 11-MD-1203). (tjd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MDL NO. 1203

IN RE: DIET DRUGS (PHENTERMINE/
FENFLURAMINE/DEXFENFLURAMINE)
PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT RELATES TO:
SHEILA BROWN, et al.

v.
NO. 99-20593

AMERICAN HOME PRODUCTS CORP.

PRETRIAL ORDER NO.
AND NOW, this

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of June, 2014, upon consideration

of the Joint Petition for an Award of Attorneys' Fees and Expense
Reimbursements Relating to Common Benefit Work Performed from
January 1, 2013 through December 31, 2013 and for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that:
1.
means:

As used herein, the "2013 Joint Fee Applicants"

(a) Cummings, Cummings & Dudenhefer and (b) Levin,

Fishbein, Sedran & Berman.
2.

The court hereby approves the reimbursement of

$58,336.37 in litigation expenses incurred by the 2013 Joint Fee
Applicants, including amounts previously approved by the court or
advanced pursuant to order of the court, to be paid, reimbursed
and/or allocated as follows:

a.

Prior expense reimbursements in the
amount of $24,730.87 shall be
attributed to the MDL 1203 Fee and
Cost Account as having been
properly and finally allocated to
that Account for payment;

b.

Within twenty days from the date of this
Order, the AHP Settlement Trust ("Trust")
shall transfer the amount of $24,730.86 to
the Escrow Agent for the MDL 1203 Fee and
Cost Account to reimburse that account for
expense reimbursements previously paid from
that Account which should ultimately be paid
by the Settlement Fund under Sections
III.B.2, III.C.3 and VIII.E.1 of the
Settlement Agreement; and

c.

Within twenty days from the date of this
Order, the Trust shall pay the following
amounts from the Settlement Fund and the
Escrow Agent for the MDL 1203 Fee and Cost
Account shall pay the following amounts from
the MDL 1203 Fee and Cost Account to the
following 2013 Joint Fee Applicants to
reimburse them for previously unreimbursed
litigation expenses incurred and paid by
them:

Joint Fee Applicant

Amount to be Paid by
the Trust

Amount to be Paid
by the MDL 1203
Fee and Cost
Account

Levin, Fishbein,
Sedran & Berman

$3,895.04

$3,895.03

Cummings, Cummings & $
Dudenhef er
3.

542.29

$

542.28

The court hereby authorizes the termination of the

consolidated Fund A Escrow Account and directs PNC Bank as Escrow
Agent for the consolidated Fund A Escrow Account to pay to the
Trust the net amount remaining in the consolidated Fund A Escrow
Account with such net amount to be included in the Trust's

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payment of such fees as it is authorized herein to distribute to
the 2013 Joint Fee Applicants.
4.

In addition to the amounts previously awarded in

Pretrial Order Nos. 7763A, 8516, 8646, 8869, and 9102, the court
hereby awards the 2013 Joint Class Fee Applicants an attorneys'
fee in the aggregate amount of $1,026,425 to compensate the 2013
Joint Class Fee Applicants for work performed by them during the
period from January 1, 2013 to December 31, 2013.

To the extent

not funded by the balance transferred from the Fund A Escrow
Account to the Trust pursuant to paragraph 3 of this Order, this
fee award is to be funded by Wyeth and paid by the Trust in
accordance with the terms of the Stipulation Between Wyeth and
Class Counsel with Regard to the Funding of Future Awards of
Class-Related
Fees previously approved by this court.
5.

The aggregate award of fees as set forth in the

preceding paragraph of this Order shall be allocated among and
distributed and paid to the following law firms/attorneys in the
following amounts:
2013 Joint Class Fee Applicant
Cummings, Cummings
Dudenhef er

Allocable
Percentage
7.96%

&

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$ 81,725

92.04%

&

Levin, Fishbein, Sedran
Berman

Payment Amount

$944,700

6.

No earlier than twenty days after the date of this

Order and as soon thereafter as is commercially reasonable, the
Trust shall disburse the payments set forth in paragraph 5 of
this Order.

The Trust shall make such payments by check and

shall deliver such checks to the payees by overnight courier in a
manner that generates a written acknowledgment of receipt by the
payees.
7.

In addition to the amounts previously awarded in

Pretrial Order Nos. 7763A, 8516, 8646, 8699, and 9102, the court
hereby awards Levin, Fishbein, Sedran & Berman an attorneys' fee
in the aggregate amount of $944,700 to be paid from funds on
deposit in the MDL 1203 Fee and Cost Account to compensate such
attorneys for services of benefit to the plaintiffs in MDL 1203
and the coordinated state court litigation performed by them
during the period from January 1, 2013 through December 31, 2013.
8.

No earlier than twenty days from the date of this

Order and as soon thereafter as is reasonably practicable,
Gregory P. Miller, Esquire, as Escrow Agent for the MDL 1203 Fee
and Cost Account, shall disburse from said Account the payment
set forth in paragraph 7 of this Order.

Mr. Miller shall make

such payment by check and shall deliver such check to the payee
by overnight courier in a manner that generates a written
acknowledgment of receipt by the payee.

In order to make this

payment, Mr. Miller may transfer funds from the MDL 1203 Fee and

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Cost Account to a disbursement account at an appropriate
financial institution.
BY THE COURT:

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