Forms and information related to the Propulsid II Settlement Program can be found on the Propulsid II Settlement Program page of this website. For information on the MDL Settlement Program, please see the Settlement Page of this website.

For information and copies of the Supplemental Agreement and the Amendment to the MDL 1 and MDL 2 Term Sheets, please see the Supplemental Agreement page of this website.
 

March 27, 2008

The monthly status conference was held by telephone on March 27, 2008 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed the issues raised by counsel in their Joint Report No. 63, including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, and the Emergency Motion for Distribution of Attorney’s Fees. These topics are memorialized in the Court’s Minute Entry dated March 27, 2008.

February 28, 2008

The monthly status conference was held by telephone on February 28, 2008 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed the issues raised by counsel in their Joint Report No. 62, including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, and the Emergency Motion for Distribution of Attorney’s Fees. These topics are memorialized in the Court’s Minute Entry dated February 28, 2008.

January 10, 2008

The monthly status conference was held by telephone on January 10, 2008 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed the issues raised by counsel in their Joint Report No. 61, including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, and the Emergency Motion for Distribution of Attorney’s Fees. These topics are memorialized in the Court’s Minute Entry dated January 10, 2008.

December 10, 2007

The monthly status conference was held by telephone on November 29, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed the issues raised by counsel in their Joint Report No. 60 , including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Emergency Motion for Distribution of Attorney’s Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement and the Supplemental Agreement regarding Propulsid I and II. The topics are memorialized in the Court’s Minute Entry November 29, 2007.

October 29, 2007

IMPORTANT NOTICE

Please see the attached notice for important information regarding select reconsideration of Tier I and Tier II claims and enrollment forms and claim forms in the MDL II resolution program.

October 26, 2007

The monthly status conference was held by telephone on October 26, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed the issues raised by counsel in their Joint Report No. 59, including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Emergency Motion for Distribution of Attorney’s Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement, and the Supplemental Agreement regarding Propulsid I and II. These topics are memorialized in the Court’s Minute Entry dated October 26, 2007.

October 17, 2007

The monthly status conference was held by telephone on September 27, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 58, including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorney’s Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement and the Supplemental Agreement regarding Propulsid I and II. The topics are memorialized in the Court’s Minute Entry dated September 27, 2007.

August 30, 2007
IMPORTANT NOTICE

The Plaintiff's Steering Committee ("PSC"), State Liaison Committee ("SLC") and Defense Counsel in the Propulsid Federal Multi-District Litigation (MDL-1355, E.D. La.) have agreed to a Supplemental Agreement Re Propulsid MDL 1 and 2 ("Supplemental Agreement") and an Amendment to Term Sheet ("Amendment") to the MDL 1 and MDL 2 Term Sheets executed on April 30, 2004 and December 1, 2005, respectively, related to the resolution of claims arising out of the use of the product Propulsid (cisapride).

The Amendment provides an opportunity for certain Tier I and Tier II claimants whose claims are found ineligible originally by the Medical Panel to have their claims reviewed a second time. Requests for a second review shall be selective, for good cause, and shall not exceed thirty-three and one-third (33 1/3%) percent of the then reviewed Tier I and Tier II claims. No additional or supplemental records, memorandum or other materials shall be submitted or considered as a part of the reconsideration request. The Medical Review Panel Members will be different from those who performed the first review and shall review the claim in the same manner as provided in the original Term Sheet.

The Supplemental Agreement provides that MDL 1 Resolution Program claimants shall have until December 1, 2007 to deliver their Sections 13(A) and 13(B) memoranda to the Special Master.

The Amendment also provides that the deadline for enrolling in the MDL 2 Resolution Program has been extended to December 1, 2007. Enrollees in the MDL 2 Resolution Program who served their enrollment forms before the date of minimum enrollment (October 31, 2006) shall have until December 1, 2007 within which to serve their claim forms. Enrollees who serve their enrollment forms after October 31, 2006 shall have 120 days from the date of such service of their enrollment forms within which to serve their claim forms, or until October 31, 2007, whichever is later.

Please feel free to visit the court's website located at http://Propulsid.laed.uscourts.gov for the entire Supplemental Agreement and Amendment to MDL 1 and MDL 2 Term Sheets.

August 28, 2007

The monthly status conference was held by telephone on August 23, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 57, including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorney’s Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement and the Supplemental Agreement regarding Propulsid I and II. The topics are memorialized in the Court’s Minute Entry .

August 2, 2007

The monthly status conference was held by telephone on July 25, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 56 , including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorney’s Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement and the Supplemental Agreement regarding Propulsid I and II. The topics are memorialized in the Court’s Minute Entry.

July 3, 2007

The monthly status conference was held by telephone on June 27, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 55 , including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorneys’ Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement, and a Motion to Remand. These topics are memorialized in the Court’s Minute Entry.

June 13, 2007

The monthly status conference was held by telephone on May 24, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 54 , including the Propulsid II Settlement Program, Trust Account, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorneys’ Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement, and a Motion to Remand. These topics are memorialized in the Court’s Minute Entry dated June 4, 2007.

May 7, 2007

The monthly status conference was held by telephone on April 19, 2007 in the Chambers of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 53 , including the Propulsid II Settlement Program, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorneys’ Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement, and a Motion to Remand. These topics are memorialized in the Court’s Minute Entry, dated May 4, 2007,  Please also see an updated Status Report filed by the Special Master regarding the claims administration process.

March 20, 2007

The monthly status conference was held on March 1, 2007 in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 52, including the Propulsid II Settlement Program, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs Emergency Motion for Distribution of Attorneys’ Fees, Liaison Counsel’s Sealed Motion for Equitable Administration of the Settlement Agreement, and a Motion to Remand. These topics are memorialized in the Court’s Minute Entry dated March 1, 2007.

At the conference, the Special Master noted that of the 4,370 Tier Claim forms filed with the office of the Special Master for the MDL Mediation and Resolution Program, approximately 2,577 remain deficient according to Term Sheet provisions. The Special Master stated that the final date to correct deficiencies in claim forms for the First MDL Resolution Program is March 30, 2007, after which the Special Master will submit a Motion to Dismiss With Prejudice those claims that remain deficient.

February 21, 2007

Please see the attached Report of the Special Master for an update on the claims administration process.

February 6, 2007

The next monthly status conference is continued from Thursday, February 8, 2007 to Thursday, March 1, 2007 at 3:30 p.m. The conference will be held in the Courtroom of Judge Eldon E. Fallon.

.January 9, 2007

The monthly status conference was held on December 19, 2006 in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 51, including the Propulsid II Settlement Program enrollment requirements, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs and Emergency Motion for Distribution of Attorneys’ Fees. These topics are memorialized in the Court’s Minute Entry dated January 4, 2007.

December 8, 2006

Please see the attached Report of the Special Master for an update on the progress of the Propulsid MDL 1335 Settlement Program.

October 24, 2006

Judge Eldon E. Fallon signed an Order to Show Cause Regarding Pro Se Plaintiffs [Rec. Doc. No. 2020] on October 23, 2006, which addresses those pro se plaintiffs who are in the MDL and are currently: (1) not represented by counsel and (2) not enrolled in the Program. If you are a pro se plaintiff and you do not choose one of the available options to proceed with your Propulsid lawsuit within 60 days of October 23, 2006, your Propulsid lawsuit will be dismissed with prejudice unless you show the Court good cause by appearing before the Court on January 3, 2007 at 9:00 a.m. Please see the Order for information regarding what you must do if you want to proceed with your Propulsid lawsuit. You may find a complete list of pro se plaintiffs not enrolled, notice of election forms, and medical authorization forms attached to the Application for the Order to Show Cause [Rec. Doc. No. 2018, Exhibits].

October 23, 2006

The monthly status conference was held on October 11, 2006 via telephone in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 50 , including an extension of the deadline to submit claims in the Propulsid II Settlement Program, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs and Emergency Motion for Distribution of Attorneys’ Fees. At the conference, the parties stated that they have agreed to extend the deadline for submission of claims in the Propulsid II Settlement Program until a date to be determined. These topics are memorialized in the Court’s Minute Entry dated October 23, 2006, which will be available on the website shortly.

September 14, 2006

The monthly status conference was held on September 6, 2006 via telephone in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 49, including State Liaison Counsel and the Propulsid II Settlement Program, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Emergency Motion for Distribution of Attorneys’ Fees, Medical Panel Presentation, and Insurance Matters. These topics are memorialized in the Court’s Minute Entry dated September 12, 2006.

June 21, 2006

The parties have agreed to extend the deadline for submission of claims in the Propulsid II Settlement Program to September 15, 2006. Please see the Joint Notice regarding the extension.

June 13, 2006

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 48, including State Liaison Counsel and the Propulsid II Settlement Program, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Proposed Order Designating Settlement Awards as Confidential, Emergency Motion for Distribution of Attorneys’ Fees, Walgreens’ and Stephanie Newport’s Motion for Reconsideration, Medical Panel Presentation, and Ingram’s Administrative Claims. These topics are memorialized in the Court’s Minute Entry dated June 13, 2006.

June 6, 2006

Robert M. Johnston has been appointed Curator for Pro Se Plaintiffs. Please see the Court’s Order dated June 6, 2006, approving his appointment as Curator. The Curator will assume his duties in assisting pro se plaintiffs pursuant to upcoming orders from the Court.

May 24, 2006

The Court has now approved several awards to claimants in the Settlement Program. Pursuant to the Court’s Order dated May 4, 2006, these awards shall remain confidential and under seal.

May 2, 2006

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 47 , including State Liaison Counsel and the Propulsid II Settlement Program, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Proposed Order to Reflect Dismissal of Tolling Agreement Claimants, Proposed Order Approving Wrongful Death Awards, the Emergency Motion for Distribution of Attorneys’ Fees, Motion to Strike Class Allegations, and Walgreens’ and Stephanie Newport’s Motion for Reconsideration. These topics are memorialized in the Court’s Minute Entry dated May 2, 2006.

March 22, 2006

The parties have finalized a settlement agreement with the U.S. government regarding Medicare expenditures. Please see the Joint Motion of Plaintiffs’ Steering Committee and Defendants to Approve the Settlement Agreement filed on this date. Any objections to the settlement must be filed before April 12, 2006.

March 9, 2006

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 46 , including State Liaison Counsel and the Propulsid II Settlement Program, Service List of Attorneys, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Proposed Order to Reflect Dismissal of Tolling Agreement Claimants, Motion for Clarification of August 12, 2005 Minute Entry, Proposed Order Approving Wrongful Death Awards, and the Emergency Motion for Distribution of Attorneys’ Fees. These topics are memorialized in the Court’s Minute Entry dated March 9, 2006.

The parties have released Claim Forms for the Propulsid II Settlement Program. Please refer to the Propulsid II Settlement Program page for more information.

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in their Joint Report No. 45, including State Liaison Counsel and the Propulsid II Settlement Program, Service List of Attorneys, Trust Account, Trial Schedule, MDL Mediation and Resolution Program, Pro Se Plaintiffs, Proposed Order to Reflect Dismissal of Tolling Agreement Claimants, Motion for Clarification of August 12, 2005 Minute Entry, Proposed Order Approving Wrongful Death Awards, and the Emergency Motion for Distribution of Attorneys’ Fees. These topics are memorialized in the Court’s Minute Entry dated January 25, 2006.

November 3, 2005

October 18, 2005

September 29, 2005

September 20, 2005

September 19, 2005

September 16, 2005

September 15, 2005

September 6, 2005

August 23, 2005

July 19, 2005

The parties have agreed to extend the deadline for submission of claim forms under the Settlement Program to October 10, 2005. Please see the Claim Form Extension for further information.

June 28, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 41, including state liaison counsel matters, service list of attorneys, trust account issues, trial schedule, pharmacy indemnity agreements, MDL mediation and resolution program, the global application of the Court’s Daubert opinion, pro se plaintiffs, Verilaw/Lexis Propulsid litigation migration, status of motions, the Proposed Remand Order, preservation of electronic data, empowerment of the Special Master to make a recommendation regarding attorneys’ fees, the Lomax cases, and the status of Vernon L. Gray. The next monthly pretrial conference shall be held on Tuesday, August 23, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated June 28, 2005.

April 26, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 40, including state liaison counsel matters, service list of attorneys, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, changes to electronic service provider Verilaw, pro se plaintiffs, pending Remand Motions, and a Proposed Remand Order. The next monthly pretrial conference shall be held on Tuesday, June 28, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated April 26, 2005.

February 25, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 38, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next monthly pretrial conference shall be held on Thursday, March 24, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated February 25, 2005.

January 17, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 37, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next monthly pretrial conference shall be held on Friday, February 25, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated January 17, 2005.

Forms and information related to the MDL Resolution Program can be found on the Resolution Program page of this website.

December 15, 2005

The parties have reached an agreement for a second Propulsid Settlement Program. Please see the Press Release and Term Sheet and Consent Order regarding the details of the second Settlement Program.

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed the issues raised by counsel in their Joint Report No. 44, including state liaison counsel, service list of attorneys, trust account, trial schedule, pharmacy indemnity agreements, MDL Mediation and Resolution Program, motions, pro se plaintiffs, preservation of electronic data, dismissal of certain tolling agreement claimants, motion for clarification of August 12, 2005 Minute Entry, wrongful death awards made by the Special Master, and the Emergency Motion for Distribution of Attorneys' Fees. All of these matters are memorialized in the Court's Minute Entry dated December 15, 2005.

Plaintiffs' and Defendants' Liaison Committees have agreed to extend the deadline for filing claims in the Settlement Program to December 15, 2005. "Please see the Joint Notice Extending Time Period for Enrollment and to File Claim Forms".

November 3, 2005

Please review this important letter from the Special Master regarding the move of the Settlement Program back to New Orleans.

October 18, 2005

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court addressed issues raised by counsel in Joint Report No. 43 , including state liaison counsel, service list of attorneys, trust account, trial schedule, pharmacy indemnity agreements, MDL Mediation and Resolution Program, motions, pro se plaintiffs, Verilaw/Lexis-Nexis, preservation of electronic data, proposed order to reflect dismissal of certain tolling agreement claimants, report of Special Master, Motion for Clarification of August 12, 2005 Minute Entry, proposed order approving wrongful death award made by Special Master, and the Emergency Motion for Distribution of Attorney's Fees.

These matters are memorialized in the Court's Minute Entry dated October 18, 2005.

September 29, 2005

A status conference was held on this date in the Chambers of Judge Eldon E. Fallon. The Special Master reported to the Court regarding the status of the Settlement Program.

This matter is memorialized in the Court's Minute Entry dated September 29, 2005.

September 20, 2005

A telephone status conference was held on this date in the Chambers of Judge Eldon E. Fallon. Special Master Patrick Juneau reported to the Court upon the development of an expedited review process in the Settlement Program for certain bright-line claims.

This matter is memorialized in the Court's Minute Entry dated September 20, 2005.

September 19, 2005

Due to the effects of Hurricane Katrina, the monthly status conference scheduled in this matter for October 18, 2005 at 9:00 a.m. shall be held in the Courtroom of Judge Eldon E. Fallon in Houston, Texas. 

This is memorialized in the Court's Order dated September 19, 2005.

September 16, 2005

Please see the attached letter dated September 9, 2005 from Special Master Patrick Juneau regarding the relocation of the Settlement Program to Lafayette, Louisiana.

September 15, 2005

A telephone conference was held on this date in the Chambers of Judge Eldon E. Fallon in Houston, Texas. At the conference, the Court conferred with the parties and special master on the best available method to triage the distribution of funds to undisputed claims. The parties will present a plan for dealing with the undisputed claims in an expedited fashion. Counsel will report to the Court further on this issue this afternoon.

These matters are memorialized in the Court's Minute Entry dated September 15, 2005 .

September 6, 2005

A telephone status conference was held on this date in the Chambers of Judge Eldon E. Fallon. Chambers has temporarily relocated to the Southern District of Texas, Houston Division.  The Court discussed the status of the litigation and the Settlement Program. Until further notice, the Settlement Program will be managed out of Lafayette, Louisiana.  

These matters are memorialized in the Court's Minute Entry dated September 6, 2005 .

August 23, 2005

The monthly status conference was held on this date in the Courtroom of Judge Eldon E. Fallon. At the conference, the Court considered issues raised by liaison counsel in their Joint Report No. 42 , including state liaison counsel, service list of attorneys, the trust account, trial schedule, pharmacy indemnity agreements, the MDL Mediation and Resolution Program, Daubert motions, pro se plaintiffs, Verilaw/Lexis Propulsid Litigation migration, status of remand motions, proposed remand order, preservation of electronic data, Motion to Amend June 28 Order re: Special Master, the Lomax cases, and the proposed order to reflect dismissal of certain tolling agreement claimants.

These matters are memorialized in the Court's Minute Entry dated August 23, 2005.

July 19, 2005

The parties have agreed to extend the deadline for submission of claim forms under the Settlement Program to October 10, 2005. Please see the Claim Form Extension for further information.

June 28, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 41, including state liaison counsel matters, service list of attorneys, trust account issues, trial schedule, pharmacy indemnity agreements, MDL mediation and resolution program, the global application of the Court’s Daubert opinion, pro se plaintiffs, Verilaw/Lexis Propulsid litigation migration, status of motions, the Proposed Remand Order, preservation of electronic data, empowerment of the Special Master to make a recommendation regarding attorneys’ fees, the Lomax cases, and the status of Vernon L. Gray. The next monthly pretrial conference shall be held on Tuesday, August 23, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated June 28, 2005.

April 26, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 40, including state liaison counsel matters, service list of attorneys, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, changes to electronic service provider Verilaw, pro se plaintiffs, pending Remand Motions, and a Proposed Remand Order. The next monthly pretrial conference shall be held on Tuesday, June 28, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated April 26, 2005.

March 24, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 39, including state liaison counsel matters, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, changes to electronic service provider Verilaw, and pro se plaintiffs. The next monthly pretrial conference shall be held on Tuesday, April 26, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated March 24, 2005.

February 25, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 38, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next monthly pretrial conference shall be held on Thursday, March 24, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated February 25, 2005.

January 17, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 37, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next monthly pretrial conference shall be held on Friday, February 25, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated January 17, 2005.

December 16, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 36, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next monthly pretrial conference shall be held on Friday, January 14, 2005, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated December 16, 2004.

November 19, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 35, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next monthly pretrial conference shall be held on Thursday, December 16, 2004, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated November 19, 2004.

October 21, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 34, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pre-trial order listing MDL plaintiffs. The next monthly pretrial conference shall be held on Friday, November 19, 2004, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated October 21, 2004.

October 14, 2004

The Order Governing the Identification of Individuals whose Cases are Pending in the MDL is now available for viewing on the "Orders" page of this website. The Order references Exhibit "A," which is also available for viewing on the "Orders" page of this website. Exhibit "A" identifies all of the live personal injury users and decedents in active federal cases as of 02/01/2004 whose cases are "pending in this Court" as defined in Paragraph 1B of the Settlement Program Term Sheet.

September 23, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 33, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class, trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity agreements, the global application of the Court’s Daubert opinion, stipulation providing for the use at trial of depositions, and pre-trial order listing MDL plaintiffs. The next monthly pretrial conference shall be held on Thursday, October 21, 2004, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated September 23, 2004.

August 6, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 32, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class for medical monitoring, plaintiffs' and defendants' respective requests for production of documents, trust account issues, mediation, trial of cases filed in Louisiana, declassification of sealed documents, the "end game" strategy, and the global application of the Court’s Daubert opinion. The next monthly pretrial conference shall be held on Thursday, September 23, 2004, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated August 6, 2004.

July 30, 2004

The following documents are now available for viewing on the "Forms" page of the website: Form letter for claims on behalf of decedents; Form letter for claims on behalf of those claiming injury; Summary of MDL-1355 Term Sheet; and Opt-out form.

June 28, 2004

The Order appointing Patrick Juneau Special Master as part of the MDL resolution program is now available for viewing on the "Orders" page of the website.

June 25, 2004

The Enrollment Form, Death Claim Form, and Personal Injury Claim Form are now available for those eligible to participate in the MDL 1355 Resolution Program. These forms are available on the Forms page of the website in "PDF" format. They must be downloaded and completed manually.

June 25, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 31, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class for medical monitoring, plaintiffs' and defendants' respective requests for production of documents, trust account issues, mediation, trial of cases filed in Louisiana, declassification of sealed documents, the "end game" strategy, and the global application of the Court’s Daubert opinion. The next monthly pretrial conference shall be held on Friday, August 6, 2004, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated June 25, 2004.

June 14, 2004

The next monthly status conference shall be held on Friday, June 25, 2004, at 9:00 a.m. The Court shall meet with liaison counsel in Chambers at 8:30 a.m.

June 9, 2004

Due to observance of the national day of mourning in remembrance of former President Ronald Reagan, the monthly status conference scheduled to be held on Friday, June 11, 2004, is cancelled to be rescheduled at a later date.

April 29, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 30, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class for medical monitoring, plaintiffs' and defendants' respective requests for production of documents, trust account issues, mediation, trial of cases filed in Louisiana, declassification of sealed documents, the "end game" strategy, and the global application of the Court’s Daubert opinion. The next monthly pretrial conference shall be held on Friday, June 11, 2004, at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated April 29, 2004.

March 11, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 29, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class for medical monitoring, plaintiffs' and defendants' respective requests for production of documents, trust account issues, mediation, trial of cases filed in Louisiana, declassification of sealed documents, the "end game" strategy, and the global application of the Court’s Daubert opinion. The next monthly pretrial conference shall be held on Thursday, April 29, 2004 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated March 11, 2004.

February 4, 2004

Janssen Pharmaceutical And The Plaintiffs Steering Committee
Of The Propulsid Multi-District Litigation Announce Agreement To Resolve Federal Cases

(February 4, 2004) -- Janssen Pharmaceutical, a Johnson & Johnson company, and the Plaintiffs Steering Committee (PSC), through lead counsel, Russ M. Herman of Herman, Mathis, Casey, Kitchens & Gerel, LLP, of the PROPULSID(r) Federal Multi-District Litigation (MDL- 1355, E.D. La.) announced today that they had reached an agreement in principle to resolve all federal lawsuits related to the product PROPULSID (cisapride).

There are approximately 4,000 individuals included in the Federal MDL of whom approximately 300 are alleged to have died from use of the drug. The agreement becomes effective once 85 percent of the death claims, and 75 percent of the remainder, agree to the terms of the settlement. In addition, 12,000 individuals who have not filed lawsuits, but whose claims are the subject of "tolling agreements" suspending the running of the statutes of limitations against those claims, must also agree to participate in the settlement before it will become effective.

The agreement requires all participating plaintiffs to submit medical records to a court appointed independent medical panel. The medical panel will determine whether the claimed injuries were caused by PROPULSID and otherwise meet the standards for compensation. If those standards are met, a court-appointed special master will determine compensatory damages. As part of the agreement, defendants will waive a number of defenses.

Janssen will pay as compensation a minimum of $69.5 million and a maximum of $90 million, depending upon the number of plaintiffs who enroll in the program. Janssen will also establish an administrative fund not to exceed $15 million, and will pay legal fees to the PSC not to exceed $22.5 million, subject to court approval.

Following a meeting called by the PSC for all plaintiffs' counsel representing claimants in MDL 1355 scheduled to occur on February 17, 2004, in Orlando, Florida, the court will post on its website located at "http:\\propulsid.laed.uscourts.gov", the Term Sheet and forms referenced in an Order to be issued by Judge Eldon Fallon, the presiding judge in MDL 1355 of the United States District Court, Eastern District of Louisiana.

Inquiries should be directed to Russ M. Herman of Herman, Mathis, Casey, Kitchens & Gerel, LLP, 820 O'Keefe Avenue, New Orleans, Louisiana 70113, PH: (504) 581-4892, FAX: (504) 561-6024, for plaintiffs.

 

Press Contact:

Johnson & Johnson	Jeffrey J. Leebaw	732-524-3350
Plaintiffs Steering Committee	Russ M. Herman	504-581-4892

Investor Services:

	Helen E. Short	732-524-6491
	Stan Panasewicz	732-524-2524

January 29, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 28, including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, the motion for certification of a nationwide class for medical monitoring, plaintiffs' and defendants' respective requests for production of documents, trust account issues, mediation, trial of cases filed in Louisiana, declassification of sealed documents, the "end game" strategy, and the global application of the Court’s Daubert opinion. The next monthly pretrial conference shall be held on Thursday, March 11, 2004 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated January 29, 2004.

December 4, 2004

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 27 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, the "end game" strategy, and the global application of the Court’s Daubert opinion. The next monthly pretrial conference shall be held on Thursday, January 29, 2004 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated January 14, 2004.

September 11, 2003

A conference was held on this date in the Courtroom of Judge Eldon E. Fallon to discuss the selection of dates for trials, pretrials, and hearings for those cases designated to the Eastern District of Louisiana. The Court set the following individual claims for trial on the following dates:

(1) February 2, 2004, 8:30 a.m. – Civil Action No. 00-2774, captioned, Jacquelyn Millican, et al. v. Johnson & Johnson, et al. [individual claim of Ford Jefferson Millican]; and

(2) March 1, 2004, 8:30 a.m. – Civil Action No. 00-2375, captioned, Mitchell Williams, et al. v. Johnson & Johnson, et al. [individual claim of Mitchell Williams].

These matters are memorialized in the Court's Order, dated September 16, 2003.

September 3, 2003

On this date, the Court GRANTED IN PART and DENIED IN PART the Degge Group's Motion for Reimbursement Pursuant to Rule 45 as set forth in the Order & Reasons regarding third-party costs. The Court granted the motion insofar as it sought recovery of $1,283.77. The Court DENIED the motion as to all other relief sought.

August 14, 2003

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 25 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, the "end game" strategy, motions to enforce subpoenas, and the global application of the Court' Daubert opinion. The next monthly pretrial conference shall be held on Thursday, September 25, 2003 at 9:00 a.m.

These matters are memorialized in the Court's Minute Entry dated August 14, 2003.

Also on this date, the Court issued a second Minute Entry scheduling a status conference for Thursday, September 11, 2003 at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon to discuss the selection of trial dates for those cases designated for trial in the Eastern District of Louisiana.

July 2, 2003

On this date, the Court issued a Minute Entry concerning the scheduling of trials in Louisiana.

June 26, 2003

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 24 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, the "end game" strategy, and motions to withdraw as counsel of record. The next monthly pretrial conference shall be held on Thursday, August 14, 2003 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated July 3, 2003.

May 22, 2003

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 23 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, and the "end game" strategy. The next monthly pretrial conference shall be held on Thursday, June 26, 2003 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated May 27, 2003.

April 29, 2003

By Order & Reasons dated this date the Court GRANTED the Defendants’ Motion to Exclude Opinions of Dwain L. Eckberg, M.D. and William E. Shell, M.D. in the case of Ernestine Brock, a plaintiff in Civil Action No. 00-2497. In that same Order & Reasons, the Court also GRANTED the defendants’ Motion for Summary Judgment as to causation and DISMISSED AS MOOT the defendants motion for partial summary judgment on the issue of plaintiff’s composition, express warranty, and design claims.

April 25, 2003

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 22 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, service list of attorneys, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, and the "end game" strategy. The next monthly pretrial conference shall be held on Thursday, May 22, 2003 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated April 29, 2003.

Following that conference, the Court held a telephone conference to discuss the PLC’s subpoenas duces tecum issued to the Degge Group and McKinsey & Co. Participating in the conference were representatives of the PLC and DLC, as well as counsel for the Degge Group and McKinsey & Co. These matters are memorialized in two minute entries: (1) the Degge Group Minute Entry; and (2) the McKinsey & Co. Minute Entry.

April 21, 2003

On this date, the PLC filed a motion for release and disbursement of funds from deposits made in the registry of the court. This matter is set for hearing before this Court on Monday, May 5, 2003 at 10:00 a.m.

March 31, 2003

In a March 31, 2003 Minute Entry, the Court dismissed with prejudice the design defect claims pending in the Diez case in light of the jury’s verdict. The Court also entered a Final Judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure as to all claims in the Diez case.

Also on this date, the Court issued a Minute Entry continuing trial in the Brock case due to a conflict on the Court’s schedule (i.e., a criminal trial scheduled to begin on the same date as trial in Brock).

March 26, 2003

As noted below, trial in the Diez matter commenced before Judge Eldon E. Fallon on March 17, 2003 on the issue of the adequacy of warnings, which was severed from the design defect claims. Plaintiffs claimed that the decedent’s cause of death was related to Propulsid and that the defendants had failed to adequately warn the defendant’s treating physician of the dangers involved in using the drug. Defendants contended that the decedent’s cause of death was a heart attack unrelated to Propulsid and that they had provided adequate warnings to the prescribing physician of the dangers of the drug.

Following an eight-day jury trial, the jury returned a verdict in favor of the defendants. The jury found that Propulsid did not cause the decedent’s death. As such, the jury did not have to reach the adequacy of warnings issue.

March 13, 2003

The Court, in Order and Reasons dated this date, denied the Motion for Reconsideration of the Court’s March 11, 2003 Order & Reasons severing the warnings claims and design defects claims in the Diez case, scheduled for trial on March 17, 2003.

March 11, 2003

In Order & Reasons dated this date, the Court DENIED IN PART AND RESERVED RULING IN PART on the defendants’ motion for summary judgment on the issues of defect in composition and construction, breach of warranty, and alternative design defect. The Court further ordered that the issues of alternative design and adequate warning would be severed with the trial on the warnings claim beginning on March 17, 2003.

In a second Order & Reasons dated this date, the Court GRANTED the defendants’ motion in limine to exclude reference to subsequent remedial measures.

March 7, 2003

The Court held a pretrial conference on this date in the Diez and Brock cases. The Court then heard oral arguments on various motions connected to the trial of these cases. The events of the pretrial conference and the Court’s rulings on the motions are contained in this Court’s Minute Entry dated March 7, 2003.

The monthly pretrial status conference was also held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 21 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, and the "end game" strategy. The next monthly pretrial conference shall be held on Friday, April 25, 2003 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated March 28, 2003.

February 3, 2003

Oral Arguments were held on this date in the Courtroom of Judge Eldon E. Fallon to consider the following motions:

(1) Defendants’ Motion in Limine to Exclude Opinions of Plaintiffs’ Experts, Dwain L. Eckberg, M.D. and William E. Shell, M.D. in the case of plaintiff, Ernestine Brock, Civil Action No. 00-2497;

(2) Defendants’ Motion for Summary Judgment in the case of plaintiff Samantha Reed, Civil Action No. 00-282;

(3) Defendant’s Motion in Limine to Exclude Regulatory and Labeling Opinions in the Diez [00-2577], Reed [00-282], and Brock [00-2497] cases; and

(4) Defendant’s Motion in Limine to Prohibit Reference to Matters of Gastroenterology in the Diez [00-2577], Reed [00-282], and Brock [00-2497] cases

Following oral arguments, the Defendants’ Motion in Limine to Exclude Expert Opinions and the Defendants’ Motion for Summary Judgment were TAKEN UNDER SUBMISSION. The Court further DENIED the remaining Motions in Limine for oral reasons given.

January 28, 2003

A pretrial status conference was held on this date in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 20 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, mediation, trial of select cases filed in Louisiana, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents, and the "end game" strategy.
The next monthly pretrial conference shall be held on Friday, March 7, 2003 at 9:00 a.m.

These matters are memorialized in the Court’s Minute Entry dated February 6, 2003.

January 13, 2003

A status conference was held on this date in the Chambers of Judge Eldon E. Fallonto discuss various aspects of the case with counsel. The events of the meeting are memorialized in the Court’s Minute Entry dated January 14, 2003.

January 9, 2003

Mediation sessions will be held on January 13 & 15, 2003 with Court-appointed mediator, Mr. Patrick A. Juneau. The sessions will begin at 9:00 a.m. and will be held in the Courtroom of former U.S. District Judge Clement, Room C467 of the United States Courthouse in New Orleans.

December 23, 2002

Oral arguments were heard on this date in the Courtroom of Judge Eldon E. Fallon to consider the Plaintiff’s Motion to Compel Discovery. The Court DENIED the plaintiff’s motion as set forth in the Court’s Minute Entry dated December 23, 2002.

December 12, 2002

A status conference was held on this date in the Chambers of Judge Eldon E. Fallon to discuss various issues related to this case. The events of this meeting are memorialized in the Court’s Minute Entry dated December 12, 2002.

December 11, 2002

The Oral Arguments previously scheduled for this date on the Plaintiff’s Motion to Compel Discovery have been CONTINUED, and this matter will now be heard on Monday, December 23, 2002 at 9:30 a.m. in the Courtroom of Judge Eldon E. Fallon.

December 9, 2002

PLC and DLC have informed the Court of the following case data. At the present time there are approximately 3,800 plaintiffs maintaining wrongful death or personal injury suits growing out of claims of Propulsid use. Approximately 2,300 of those plaintiffs are in federal court and approximately 1,500 are in state courts.

December 3, 2002

On December 18, 2002, the parties will meet with Court-appointed mediator Mr. Patrick A. Juneau for mediation discussions. The session will begin at 9:00 a.m. on that date in the Courtroom of former U.S. District Judge Clement, Room C467 of the United States Courthouse in New Orleans.

November 27, 2002

A status conference was held on this date at 3:30 p.m. in the Chambers of Judge Eldon E. Fallon to discuss the selection of new dates for trials, pretrial, and hearings for the Louisiana cases previously scheduled for trial in January, 2003. This conference was scheduled following the November 25, 2002 status conference at which the Court granted the Plaintiff’s Motion for a Continuance. These events are memorialized in the Court’s Order dated November 27, 2002.

The Court also granted the Plaintiff’s request for oral arguments on their Motion to Compel Discovery. Oral arguments on the motion will be heard at 9:00 a.m. on Wednesday, December 11, 2002 in the Courtroom of Judge Eldon E. Fallon.

November 25, 2002

A pretrial status conference was held on this date in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 19 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, status of and procedure for settlement negotiations, trial of select cases filed in Louisiana, declassification of sealed documents, plaintiffs' and defendants' respective requests for production of documents. The Court also heard oral arguments on the Plaintiff’s Motion for a Continuance of the trials scheduled for January, 2003.

These matters are memorialized in the Court’s Minute Entry dated December 2, 2002.

Following that status conference, a later conference was held in the Chambers of Judge Fallon so the Court could inform counsel of its ruling on the Plaintiff’s Motion for a Continuance. The Court GRANTED the Motion. This ruling is memorialized in the Court’s Minute Entry dated November 25, 2002.

October 30, 2002

Oral arguments were held on this date in the Courtroom of Judge Eldon E. Fallon. The Court addressed the following motions filed on behalf of the plaintiffs: (1) Motion to Reconsider Removal of Confidential Documents Produced by the Defendants; and (2) Motion to Remove Confidential Designation of Certain Depositions (Including Exhibits). The Court’s ruling on these matters is memorialized in the Minute Entry Dated October 30, 2002.

October 18, 2002

The monthly pretrial status conference shall be held at 9:00 a.m. on November 25, 2002 at 9 a.m. in the Courtroom of Judge Eldon E. Fallon.

October 18, 2002

Oral arguments shall be held in the Courtroom of Judge Eldon E. Fallon on Wednesday, October 30, 2002 at 8:15 a.m. to consider Plaintiffs’ Motions to Reconsider and to Declassify Certain Depositions and Exhibits.

October 16, 2002

Mediation discussions will be held on the following dates with Mediator Mr. Patrick Juneau in the Courtroom of Judge Eldon E. Fallon. The mediation will take place on Wednesday, October 23 in the Courtroom of Judge Eldon E. Fallon, Room C468 in the United States Courthouse. On Thursday, October 24, the mediation will take place from 9 a.m. until 12 noon in the former courtroom of Judge Clement, Room C467 of the United States Courthouse. The mediation will resume in Judge Fallon’s courtroom after noon on October 24 and will take place there as well on Friday, October 25.

October 15, 2002

A pretrial status conference was held on this date in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 18 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, status of and procedure for settlement negotiations, trial of select cases filed in Louisiana, declassification of sealed documents, plaintiffs' and defendants' respective requests for production of documents.

These matters are memorialized in the Court’s Minute Entry dated October 18, 2002.

September 27, 2002

The Pretrial Status Conference scheduled for Friday, September 27, 2002 is RE-SCHEDULED for TUESDAY, OCTOBER 15, 2002 at 8:00 a.m. in the courtroom of Judge Eldon E. Fallon.

September 24, 2002

The Pretrial Status Conference scheduled for Friday, September 27, 2002 is CANCELED due to impending hurricane. The new date has yet to be determined.

September 5, 2002

Pursuant to the Court’s instructions described in the Minute Entry dated August 28, 2002, counsel has reported that mediation will occur on the following dates as per the court’s Pretrial Order No. 18:

The parties will begin mediation on September 17, 2002, and will go for a half-day on September 18, 2002 if necessary.

The parties will submit their position statements to the court-appointed mediator Patrick Juneau on Friday, September 13, 2002.

The mediator will send out the agenda for the mediation.

A location for the mediation has yet to be determined.

August 23, 2002

A pretrial status conference was held on this date in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 17 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, status of and procedure for settlement negotiations, trial of select cases filed in Louisiana, declassification of sealed documents, plaintiffs' and defendants' respective requests for production of documents.

The Court also issued rulings in connection with the following motions:

(a)  Motion of Plaintiffs' Steering Committee to Compel Production of Documents

(b)  Motion of Defendants Johnson & Johnson Co. and Janssen Pharmaceutica Inc. to Dismiss with Prejudice the Claims of Plaintiffs for Failure to Furnish a Plaintiff Profile Form. [Ref: 01-3872, 01-3850, 01-3874, 01-3858, 02-278, 01-2547, 01-2522, 02-592, 02-1216, 00-3494, 02-1215, 02-1243, 02-1214, 02-114, 01-2694, 02-115, 01-2703, 01-2702, 01-2699, 01-2550, 01-2693, 01-2701, and 01-2700]

(c)  Motion of Plaintiffs' Steering Committee to Remove Confidential Designation from Certain Documents Produced by the Defendants

(d)  Motion of The Neuro Transmitter and Environmental Testing Foundation and the Young Hearts Foundation for Entry of a Protective Order pursuant to FRCP 26(c).

(e)  Motion of Plaintiffs' Steering Committee to Compel Production of Indemnity Agreement Documents

These matters are memorialized in this Court's Minute Entry dated August 28, 2002.

The Court also set the following individual claims for trial on the following dates:

(a)  January 6 - 10, 2003 - 8:30 a.m. — Civil Action No. 00-2577, captioned Patricia L. Diez, et al. v. Johnson & Johnson, et al. [individual claim of Richard Joseph Diez, Sr.];

(b)  January 13 - 17, 2003 - 8:30 a.m. — Civil Action No. 00-282, captioned Aline Zeno, et al. v. Johnson & Johnson, et al. [individual claim of Samantha Ann Reed]; and

(c)  January 21 - 24, 2003 - 8:30 a.m. — Civil Action No. 00-2497, captioned Ethel White, et al. v. Johnson & Johnson, et al. [individual claim of Ernestine J. Brock].

July 18, 2002

A pretrial status conference was held on this date in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 16 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, status of and procedure for settlement negotiations, setting Louisiana filed cases for trial, expedited remand of cases not filed in Louisiana, deposition procedures, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents.

These matters are memorialized in this Court's Minute Entry dated July 24, 2002

A pretrial status conference was held on this date in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 15 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification of a nationwide class for medical monitoring, status of and procedure for settlement negotiations, setting Louisiana filed cases for trial, expedited remand of cases not filed in Louisiana, deposition procedures, declassification of sealed documents, and plaintiffs' and defendants' respective requests for production of documents.

These matters are memorialized in this Court's Minute Entry dated June 18, 2002.

The Court issued an Order and Reasons denying the Plaintiffs' Steering Committee's motion for certification of a nationwide class action for medical monitoring under Rule 23(b)(2).

April 10, 2002

Hearing on Plaintiffs' Motion for Class Action Certification was held on this date. A transcript of the hearing may be purchased by contacting the official court reporter, Toni Tusa, at (504) 589-7778.

March 19, 2002

A pretrial status conference was held on March 18, 2002 in the chambers of Judge Eldon E. Fallon. At the conference Liaison Counsel and representatives of the Food and Drug Administration and BevGlen reported to the Court on several discovery issues as is more fully described in this Court's Minute Entry dated March 18, 2002.

Also at the conference the Court continued the regularly scheduled monthly status conference, presently set for Friday, May 24, 2002, at 9:00 a.m., to Friday, May 31, 2002, at 9:00 a.m. The Court also set a status conference for Monday, March 25, 2002, at 8:30 a.m. at which Liaison Counsel and representatives from the Food and Drug Administration and BevGlen shall update the Court on outstanding discovery issues.

March 8, 2002

A pretrial status conference was held on March 8, 2002 in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 14 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion to enter scheduling order for class certification, and plaintiffs' and defendants' respective requests for production of documents.

A pretrial status conference was held on January 11, 2002 in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 13 including update of rolling document and electronic document production, state liaison counsel matters, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion to enter scheduling order for class certification, and PSC's petition for an order securing an equitable allocation of counsel fees and costs for common benefit work.

Also at the conference, Liaison Counsel submitted for approval a revised version of Pretrial Order No. 15, which the Court subsequently approved. Pretrial Order No. 15 as revised sets forth the new date of the Class Certification Hearing and related deadlines.

December 19, 2001

The Court heard oral argument on the motion brought by Plaintiff Liaison Counsel seeking the establishment of a litigation expense fund to compensate and reimburse attorneys for services performed and expenses incurred for common benefit. The motion was noticed for hearing on December 19, 2001 at 9:00 am. No opposition was received by the Court either in writing or orally. After considering the matter, the Court established a mechanism for creating and administering such a fund which is memorialized in Pretrial Order No. 16.

On this date the Court received reports from the Settlement Committees regarding their progress on settlement negotiations. In particular, the committees have isolated those categories of cases which are most amendable to future settlement negotiations. The Committees will report again to the Court at the next scheduled pretrial status conference.

November 30, 2001

A pretrial status conference was held on November 30, 2001 in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 12 including master complaint/answer, rolling document and electronic document production, state liaison counsel, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion to enter scheduling order for class certification, plaintiffs' and defendants' request for production of documents, and matters relating to Defendants' Motion for Injunctive Relief. Also, the Court dismissed with prejudice the claims of several plaintiffs who failed to furnish Patient Profile Forms.

Following the conference, Liaison Counsel submitted for approval Pretrial Order No. 14, which the Court subsequently approved. Pretrial Order No. 14 memorializes the coordination agreement entered into by and between Plaintiffs in the MDL action, numerous plaintiffs in state court actions and the Defendants respecting matters which are the subject of Defendants' Motion for Injunctive Relief. A copy of the agreement is attached to the Order.

In view of the coordination agreement outlined in Pretrial Order No. 14, the Defendants withdrew their Motion for Injunctive Relief without prejudice, reserving their right to reurge the Motion in the event coordination is not functioning.

Finally, the Court met with Liaison Counsel and the appointed Settlement Committees for both Plaintiffs and Defendants with a view toward establishing a framework for conducting settlement negotiations. The Committees will report to the Court regarding their progress on Wednesday, December 19, 2001.

November 27, 2001

A hearing in the matter of the Defendant's Motion for Injunctive Relief was held on this date. Oral arguments were presented by Russ Herman, Arnold Levin, Chris Seeger, Bill Colvin, Gene Locks, Dawn Barrios, and Anthony Majestro for the Plaintiffs and by Mary Catherine Roper, Jim Irwin, and Thomas Campion for the Defendants.
The Court has taken the matter under submission.

November 15, 2001

A preliminary conference to discuss matters concerning the November 27, 2001 hearing on Defendants' Motion for Injunctive Relief was held this date at 1:30 p.m. in the chambers of Judge Eldon E. Fallon. See this Court's Minute Entry dated November 15, 2001 for additional details.

October 29, 2001

A pretrial status conference was held on October 25, 2001 in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 11 including master complaint/answer, rolling document and electronic document production, state liaison counsel, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, scheduling order for motion and hearing date for class certification, plaintiffs' and defendants' request for production of documents, settlement negotiations, and coordination matters relating to Defendants' Motion for Injunctive Relief. Also, the Court dismissed with prejudice the claims of several plaintiffs who failed to furnish Patient Profile Forms. Rulings of the Court are recorded in the Minute Entry of October 29, 2001.

October 9, 2001

On this date defendants Johnson & Johnson and Janssen Pharmaceutica, Inc. filed with this Court a Motion for Injunction requesting this Court to enjoin parallel state court proceedings against said defendants. This motion will be heard on Thursday, November 15, 2001 at 10:00 a.m. with oral argument. All counsel in attendance must sign in by 9:30 a.m. Additionally, the following dates are set relative to this motion:

Friday, November 2, 2001 at 5:00 p.m.- Memorandums in Opposition due.
Friday, November 9, 2001 at 5:00 p.m. - Defendants' Reply Memorandum due.
Tuesday, November 13, 2001 at 1:30 p.m. - Preliminary Conference to be held in chambers for those counsel (or their designated representative) who will argue the motion before the Court on the hearing date.

See Minute Entry of October 11, 2001

October 5, 2001

On this date Plaintiffs filed with this Court the Master Class Action Complaint.

September 28, 2001

A pretrial status conference was held on September 28, 2001 in the courtroom of Judge Eldon E. Fallon.

At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 10 including master complaint/answer, rolling document and electronic document production, electronic service, state liaison counsel, patient profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, scheduling order for motion and hearing date for class certification, plaintiffs' and defendants' request for production of documents, and modification of Pre-Trial Order No.9. Rulings of the Court are recorded in