PROPULSID II SETTLEMENT PROGRAM ANNOUNCEMENT
Janssen, L. P., The Plaintiffs Steering Committee and
the State Liaison Committee of The Propulsid Multi-District Litigation
Announce Agreement To Resolve Remaining Federal and State Court Cases
(December 15, 2005) -- Janssen, L. P., a Johnson & Johnson company,
Plaintiffs’ Steering Committee (PSC), through its lead counsel, Russ M.
Herman and the State Liaison Committee (SLC), through Richard J.
Arsenault, Dawn M. Barrios, James T. Capretz and Barry M. Hill of the
PROPULSID® Federal Multi-District Litigation (MDL- 1355, E.D. La.)
announced today that they had reached an agreement in principle to
resolve all remaining federal and state court lawsuits related to the
product PROPULSID (cisapride).
There are approximately 2069 individuals with cases pending in state
court or filed in federal court after the deadline for eligibility to
participate in the First MDL resolution program announced in February of
2004 expired. The agreement on the Second MDL Program becomes effective
once 90 percent of the plaintiffs with death claims, and 95 percent of
the plaintiffs with injury claims agree to the terms of the settlement.
In addition, 5,000 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 Second MDL Program will essentially mirror the First MDL Program.
It 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 $14.5 million and a
maximum of $15 million, depending upon the number of plaintiffs who
enroll in the program. Janssen will also establish an administrative
fund not to exceed $3 million, and will pay legal fees to the PSC and
SLC up to $4 million, subject to court approval.
Inquiries should be directed as follows:
Plaintiffs' Steering Committee
Russ M. Herman 504-581-4892
State Liaison Committee
Richard J. Arsenault 800-256-1050
Dawn M. Barrios 504-524-3300
James T. Capretz 949-724-3000
Barry M. Hill 304-233-4966
Janssen and Johnson & Johnson
Press Contact: Doug Arbesfeld 908-218-7592
Investor Contacts:
Louise Mehotra 732-524-6491
Stan Panasewicz 732-524-2524
Propulsid II
Settlement Program Term Sheet
The Court’s Consent Order Approving
Propulsid II Settlement Program
Propulsid II
Enrollment Form
Propulsid II Program Death Claim Form
Attachment A – for Wrongful Death and Personal Injury Claims
Attachment B – Certificate of Service for Wrongful Death Claims
Propulsid II Program Personal Injury Claim Form
Attachment B – Certificate of Service for Personal Injury Claims
Propulsid II Medical Records Reimbursement Form - Short Form
These forms are in "PDF" format. They must be downloaded and
completed manually.