August 21, 2007The
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.
II. (links to)
Supplemental Agreement re
Propulsid MDL 1 and 2
Amendment to MDL 1 and MDL
2 Term Sheets