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Last Updated:   September 18, 2008

These electronic versions are not official documents of record; the official records are
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Janssen Pharmaceutica And The Plaintiffs Steering Committee
Of The Propulsid Multi-District Litigation Announce Agreement To Resolve Federal Cases

(February 4, 2004) -- Janssen Pharmaceutica, 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.

Please see the links below for the Settlement Program Term Sheet and forms related to the Settlement Program.

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

II. (links to)

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.