The order establishes a voluntary mediation program to attempt to resolve claims related to the New England Compounding Pharmacy (NECC) meningitis outbreak. It outlines procedures for clinics, healthcare providers, hospitals and other potentially responsible parties to participate. These include providing informal discovery to parties, agreeing to toll any statutes of limitations, and staying discovery and legal proceedings while mediation is ongoing. The goal is to avoid costly litigation and conserve resources by resolving claims through mediation.
Review of the indigent defense counsel programJames Tansey
Review of the Indigent Defense Counsel
A slide presentation written and presented by James Tansey to the House Post Audit and Oversight (HPAO) Committee to explain the investigation of the legislatively supported (annual appropriation) indigent defense counsel program of the Massachusetts Trial Court.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
The following documents were submitted by the Republic of Ecuador to the international arbitration hearing the case between Chevron/Texaco and the Republic. These documents further show the impact of Chevron/Texaco’s decades’ long oil pollution on the people of Ecuador.
Review of the indigent defense counsel programJames Tansey
Review of the Indigent Defense Counsel
A slide presentation written and presented by James Tansey to the House Post Audit and Oversight (HPAO) Committee to explain the investigation of the legislatively supported (annual appropriation) indigent defense counsel program of the Massachusetts Trial Court.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
The following documents were submitted by the Republic of Ecuador to the international arbitration hearing the case between Chevron/Texaco and the Republic. These documents further show the impact of Chevron/Texaco’s decades’ long oil pollution on the people of Ecuador.
Adult & Pediatric Dermatology, P.C., of Concord, Mass., has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules with the Department of Health and Human Services, agreeing to a $150,000 payment. The practice will also be required to implement a corrective action plan to correct deficiencies in its HIPAA compliance program. Adult and Pediatric Dermatology is a private practice that delivers dermatology services in four locations in Massachusetts and two in New Hampshire. This case marks the first settlement with a covered entity for not having policies and procedures in place to address the breach notification provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of American Recovery and Reinvestment Act of 2009 (ARRA).
The HHS Office for Civil Rights (OCR) opened an investigation of Adult and Pediatric Dermatology upon receiving a report that an unencrypted thumb drive containing the electronic protected health information (ePHI) of approximately 2,200 individuals was stolen from a vehicle of one its staff members. The thumb drive was never recovered. The investigation revealed that Adult and Pediatric Dermatology had not conducted an accurate and thorough analysis of the potential risks and vulnerabilities to the confidentiality of ePHI as part of its security management process. Further, Adult and Pediatric Dermatology did not fully comply with requirements of the Breach Notification Rule to have in place written policies and procedures and train workforce members.
In addition to a $150,000 resolution amount, the settlement includes a corrective action plan requiring Adult and Pediatric Dermatology to develop a risk analysis and risk management plan to address and mitigate any security risks and vulnerabilities, as well as to provide an implementation report to OCR.
Download the Corrective Action Plan(CAP) here >>
Tips s to providers: Almost all of the HIPAA/HITECH violations identified in the last few years is due to insufficient security risk analysis conducted by the providers or business associates.
OCR opened a compliance review of Concentra Health Services (Concentra) upon receiving a breach report that an unencrypted laptop was stolen from one of its facilities, the Springfield Missouri Physical Therapy Center. OCR’s investigation revealed that Concentra had previously recognized in multiple risk analyses that a lack of encryption on its laptops, desktop computers, medical equipment, tablets and other devices containing electronic protected health information (ePHI) was a critical risk. While steps were taken to begin encryption, Concentra’s efforts were incomplete and inconsistent over time leaving patient PHI vulnerable throughout the organization. OCR’s investigation further found Concentra had insufficient security management processes in place to safeguard patient information. Concentra has agreed to pay OCR $1,725,220 to settle potential violations and will adopt a corrective action plan to evidence their remediation of these findings.
March 2018 newsletter for the adjudicator nominating body UK Adjudicators. Articles on UK and foreign adjudication cases, FIDIC 2017 and events taking place globally.
Howard Ankin Presentation at ITLA Workers' Compensation SeminarAnkin Law Office, LLC
Howard Ankin gave a presentation at the Illinois Trial Lawyers Association workers’ compensation seminar on November 3, 2017. The Illinois Trial Lawyers is an association of lawyers who advocate on behalf of injured people.
Adult & Pediatric Dermatology, P.C., of Concord, Mass., has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules with the Department of Health and Human Services, agreeing to a $150,000 payment. The practice will also be required to implement a corrective action plan to correct deficiencies in its HIPAA compliance program. Adult and Pediatric Dermatology is a private practice that delivers dermatology services in four locations in Massachusetts and two in New Hampshire. This case marks the first settlement with a covered entity for not having policies and procedures in place to address the breach notification provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of American Recovery and Reinvestment Act of 2009 (ARRA).
The HHS Office for Civil Rights (OCR) opened an investigation of Adult and Pediatric Dermatology upon receiving a report that an unencrypted thumb drive containing the electronic protected health information (ePHI) of approximately 2,200 individuals was stolen from a vehicle of one its staff members. The thumb drive was never recovered. The investigation revealed that Adult and Pediatric Dermatology had not conducted an accurate and thorough analysis of the potential risks and vulnerabilities to the confidentiality of ePHI as part of its security management process. Further, Adult and Pediatric Dermatology did not fully comply with requirements of the Breach Notification Rule to have in place written policies and procedures and train workforce members.
In addition to a $150,000 resolution amount, the settlement includes a corrective action plan requiring Adult and Pediatric Dermatology to develop a risk analysis and risk management plan to address and mitigate any security risks and vulnerabilities, as well as to provide an implementation report to OCR.
Download the Corrective Action Plan(CAP) here >>
Tips s to providers: Almost all of the HIPAA/HITECH violations identified in the last few years is due to insufficient security risk analysis conducted by the providers or business associates.
OCR opened a compliance review of Concentra Health Services (Concentra) upon receiving a breach report that an unencrypted laptop was stolen from one of its facilities, the Springfield Missouri Physical Therapy Center. OCR’s investigation revealed that Concentra had previously recognized in multiple risk analyses that a lack of encryption on its laptops, desktop computers, medical equipment, tablets and other devices containing electronic protected health information (ePHI) was a critical risk. While steps were taken to begin encryption, Concentra’s efforts were incomplete and inconsistent over time leaving patient PHI vulnerable throughout the organization. OCR’s investigation further found Concentra had insufficient security management processes in place to safeguard patient information. Concentra has agreed to pay OCR $1,725,220 to settle potential violations and will adopt a corrective action plan to evidence their remediation of these findings.
March 2018 newsletter for the adjudicator nominating body UK Adjudicators. Articles on UK and foreign adjudication cases, FIDIC 2017 and events taking place globally.
Howard Ankin Presentation at ITLA Workers' Compensation SeminarAnkin Law Office, LLC
Howard Ankin gave a presentation at the Illinois Trial Lawyers Association workers’ compensation seminar on November 3, 2017. The Illinois Trial Lawyers is an association of lawyers who advocate on behalf of injured people.
Resolution Agreement: On January 6, 2012, HHS notified SRMC of its initiation of a compliance review of its facility to determine whether there was a failure to comply with the requirements of the Privacy Rule. HHS’s compliance review was prompted by an article in the Los Angeles Times published on January 4, 2012. The article indicated that two of SRMC’s senior leaders met with the media to discuss the medical services provided to a patient (the Affected Party) without a valid written authorization.
OCR received a breach notice in February 2012 from QCA Health Plan, Inc. of Arkansas reporting that an unencrypted laptop computer containing the ePHI of 148 individuals was stolen from a workforce member’s car. While QCA encrypted their devices following discovery of the breach, OCR’s investigation revealed that QCA failed to comply with multiple requirements of the HIPAA Privacy and Security Rules, beginning from the compliance date of the Security Rule in April 2005 and ending in June 2012. QCA agreed to a $250,000 monetary settlement and is required to provide HHS with an updated risk analysis and corresponding risk management plan that includes specific security measures to reduce the risks to and vulnerabilities of its ePHI. QCA is also required to retrain its workforce and document its ongoing compliance efforts.
Catholic Health Care Services Resolution Agreement and Corrective Action PlanAlex Slaney
Catholic Health Care Services of the Archdiocese of Philadelphia settlement, Resolution Agreement and Corrective Action Plan as a result of violating the HIPAA Security Rule for ePHI
These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
These Slides will help in understanding the procedure of Debt Recovery Tribunal briefly along with the requirement for filing an application before the Tribunal.
Slides from the CMS 68 percent Settlement Offer Presentation at the Craneware Revenue Integrity Summit. This gives the details of the CMS 68% Settlement offer that was given.
Learn more at http://www.healthcarescene.com
ManagedCareCheckList.docCompany Prepared for Section.docxinfantsuk
ManagedCareCheckList.doc
Company:
Prepared for:
Section
Review Notes
The contract sufficiently identifies the party or parties responsible for payment so that you can investigate their financial strength, client base and reputation to determine that the arrangement will be beneficial for you and your patients.
The contract not only requires payment of your fees within a specified number of days but also provides meaningful incentives for the payor’s compliance with this arrangement. Sample language: “The payor agreement between Network and Payors shall provide that payors shall remit payments for covered services statements within 45 days of its receipt thereof. It shall further provide that in the event a payor shall fail to make payment of amounts due under this arrangement, for submitted claims properly completed, within the forty-five (45) day period, all packaged prices and discounts shall be null and void and normal pricing, including providers’ standard policy with respect to late payments, will prevail.
The contract allows reasonable time to submit completed bills (no billing limits should be less than 90 days) and allows you to submit bills after the designated time when extra time is required due to circumstances beyond your control.
The contract does not allow for unilateral amendments. Sample language: “The agreement may not be amended by either party without the prior written consent of both parties”.
The contract does not allow for assignment of the contract. Sample language: “Neither party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other”.
The contract does not allow for retroactive denial of payment if the provider properly verifies eligibility and benefits.
Section
Review Notes
The Contract contains proper prudent lay person language. Sample language “Emergency services means with respect to an individual enrolled with an organization, covered inpatient and outpatient services that are furnished by a provider that is qualified to furnish such services and are needed to evaluate or stabilize an emergency medical condition. Emergency medical condition is defined as a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonable expect the absent of immediate medical attention to result in –
Placing the health of the individual in serious jeopardy,
Serious impairment to bodily functions, or
Serious dysfunction of any bodily organ or part.”
The Contract contains proper silent PPO language. Sample language “Provider reserves the right to disapprove, within 30 days of notice, any contract that allows another PPO network to access Provider through this agreement. Such notice and right to disapprove must be provided in writing to Provider at least 30 days prior to effective date ...
Parkview Health System, Inc. (Parkview) has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule with the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Parkview will pay $800,000 and adopt a corrective action plan to correct deficiencies in its HIPAA compliance program.
THE JUSTICE PROCESS IN RERA SECTION 31, 43(5), 58 AND ARTICLE 32,136 226 OF T...CA. (Dr.) Rajkumar Adukia
since every legislation aims at Justice making available the access and means of justice, the article unfolds the remedies available to the key players under rera being the allottees, real estate agent and real estate developers
Similar to Mediation Order New England Compounding Pharmacy (20)
NCAA CONCUSSION MDL, ORDER AND PLAINTIFFS EXECUTIVE COMMITTEEmzamoralaw
The NCAA will also provide concussion education to athletes, coaches and trainers before each season. And medical personnel will be present at each “contact sport,” including football, lacrosse, wrestling, ice hockey, field hockey, soccer and basketball.
The $70 million figure could include as much as $15 million in attorney fees and up to $750,000 in out-of-pocket expenses. NCAA insurers are expected to pay at least part of the settlement, NCAA Chief Legal Officer Donald Remy said on the association’s website.
attorneys listed in the settlement as counsel for the plaintiff class are Seattle-based Steve W. Berman of Hagens, and Mark Zamora of The Orlando Law Firm P.C. in Decatur, Ga. AMONG OTHERS
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
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➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
India Orthopedic Devices Market: Unlocking Growth Secrets, Trends and Develop...Kumar Satyam
According to TechSci Research report, “India Orthopedic Devices Market -Industry Size, Share, Trends, Competition Forecast & Opportunities, 2030”, the India Orthopedic Devices Market stood at USD 1,280.54 Million in 2024 and is anticipated to grow with a CAGR of 7.84% in the forecast period, 2026-2030F. The India Orthopedic Devices Market is being driven by several factors. The most prominent ones include an increase in the elderly population, who are more prone to orthopedic conditions such as osteoporosis and arthritis. Moreover, the rise in sports injuries and road accidents are also contributing to the demand for orthopedic devices. Advances in technology and the introduction of innovative implants and prosthetics have further propelled the market growth. Additionally, government initiatives aimed at improving healthcare infrastructure and the increasing prevalence of lifestyle diseases have led to an upward trend in orthopedic surgeries, thereby fueling the market demand for these devices.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
3.0 Project 2_ Developing My Brand Identity Kit.pptx
Mediation Order New England Compounding Pharmacy
1. UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
IN RE: NEW ENGLAND
COMPOUNDING PHARMACY, INC.
PRODUCTS LIABILITY LITIGATION
This Document Relates To:
All Actions
)
)
) MDL No. 1:13-md-2419-FDS
)
)
)
)
)
)
)
)
ORDER ON MEDIATION PROGRAM
This order establishes a mediation program for this matter (“the MDL”) and the
associated chapter 11 bankruptcy proceeding for New England Compounding Pharmacy, Inc.
(“NECC”).
I. Background
The Bankruptcy Trustee and the official committee of unsecured creditors (the
“Creditors’ Committee”) appointed in the chapter 11 bankruptcy of NECC and the Plaintiffs’
Steering Committee (the “PSC”) appointed in the MDL believe it is appropriate to establish a
mediation program to attempt to resolve certain claims in this proceeding. In particular, the
parties seek to resolve the claims of those parties (1) who are non-debtors and who are not
NECC-affiliated defendants, as defined by MDL Order No. 6; (2) who have or may have claims
asserted against them as defendants by personal-injury and wrongful-death plaintiffs that arise
out of or relate to NECC products; and (3) who, as a result of claims or potential claims against
them, have or may have indemnification, contribution, reimbursement or other claims against the
NECC estate. The parties have proposed such a program, including procedures intended to
Case 1:13-md-02419-FDS Document 394 Filed 08/15/13 Page 1 of 13
2. 1
The Bankruptcy Trustee and Creditors’ Committee and the PSC have submitted proposals in accordance
with paragraph II.J of MDL Order No. 6. That order directed the parties “to confer and submit to the [MDL] Court
within 30 days a proposed mediation order to be entered in [the MDL] Court and the Bankruptcy Court concerning
all unaffiliated defendants and non-parties,” including certain specific requirements.
2
facilitate participation in the program that are intended to avoid unnecessary and costly and
protracted litigation and conserve limited resources.1
Upon review of the proposals, the Court hereby establishes the following mediation
program. The Court may refer or delegate certain of its functions under this Order to the
Magistrate Judge or the Bankruptcy Judge.
II. The Mediation Program
A. Voluntary Process. The mediation process is entirely voluntary. No party is
required to participate, nor will it be penalized for failing to participate.
B. Good-Faith Participation. All parties who participate in the mediation are
expected to do so in good faith.
C. Election to Participate. Any of the following parties may choose to participate
in the mediation program by filing a notice and agreement in this Court. The
form of such notice and agreement is attached as Appendix A.
1. Any party named as a defendant or third-party defendant in any case
presently pending in the MDL or in any other state or federal court.
2. Any other party with potential liability for claims related to or arising out
of the purchase or administration of NECC products, whether or not
involved in any current litigation or alternative dispute resolution
(“Potentially Responsible Parties”), who, together with the defendants,
comprise the “Unaffiliated Non-Debtor Claimants;” and
Case 1:13-md-02419-FDS Document 394 Filed 08/15/13 Page 2 of 13
3. 3
3. Any employee, officer, director, agent, partner, shareholder, guarantor,
indemnitor, affiliate, or subsidiary of a defendant or Potentially
Responsible Party who has potential direct or secondary liability in
connection with NECC; provided that, in the alternative to filing a
participation notice and agreement, such affiliated party may join in a
notice filed by an Unaffiliated Non-Debtor Claimant by identifying
themselves and co-executing the notice and agreement.
D. Opt-In Date. Any notice and agreement under subparagraph C shall be filed by
September 23, 2013.
E. Selection of Mediator. The Bankruptcy Trustee, the Creditors’ Committee, and
the PSC, together with any Unaffiliated Non-Debtor Claimants who provide
notice by September 23, 2013, that they wish to participate in the mediation and
the mediator selection process, shall meet and confer in good faith to agree upon a
mediator, subject to approval and appointment by the District Court. The
Unaffiliated Non-Debtor Claimants who so elect shall then promptly meet and
confer in an effort to organize themselves and appoint a self-governed liaison
committee of no more than seven members for the purpose of facilitating the
mediator selection process and mediation logistical issues, as well as such other
agreed-upon organization, management, and liaison functions. The committee
need not be appointed or approved by the Court and is solely constituted for the
purposes described herein. The Unaffiliated Non-Debtor Claimants shall provide
a list of the members of the committee to the Bankruptcy Trustee, the Creditors’
Case 1:13-md-02419-FDS Document 394 Filed 08/15/13 Page 3 of 13
4. 4
Committee, and the PSC no later than September 30, 2013. The parties to the
mediation shall attempt to negotiate in good faith their respective responsibilities
for the fees and related costs of the mediator’s services and shall consider whether
a cap on such fees is appropriate. The parties to the mediation shall submit a joint
proposal to this Court for a mediator and a proposal for a fee-sharing structure no
later than October 7, 2013. If the parties to the mediation have not agreed as to a
mediator by that date, any party may submit a proposal to this Court regarding the
appointment of a mediator no later than October 14, 2013. All defendants and
known Potentially Responsible Parties shall thereafter be notified of the choice of
mediator within ten days of the Court’s order with respect to the selection of a
mediator.
F. Supervision by Court. The Court expects that the mediation efforts will be
largely self-executing, and will not require active court supervision or
intervention. This Court shall have jurisdiction over all aspects of the mediation
program, except as specifically delegated by this Court. The parties to the
mediation shall meet and confer no later than October 21, 2013, regarding any
procedures that may be necessary and appropriate to govern any disputes that may
arise in the mediation.
G. Formal Discovery. To the extent that formal discovery is reasonably necessary
to preserve evidence, the involved parties by agreement or by order of the this
Court may take such discovery. Any party may apply for relief on shortened
notice in such situations may be made to this Court if exceptional circumstances
Case 1:13-md-02419-FDS Document 394 Filed 08/15/13 Page 4 of 13
5. 5
warrant.
H.. Informal Discovery. In order to participate in the mediation program, eligible
entities or individuals must provide the following informal discovery to the
Bankruptcy Trustee, the Creditors’ Committee, and the PSC by the deadlines and
in the manner established by the mediator:
1. As to Clinic, Health Care Provider, and Hospital Participants Only:
a. Such information as the mediator may reasonably require
concerning the number and identity of potential claimants who may have
been administered methylprednisolone acetate that came, or likely came,
from one of the following three lots produced by NECC: 05212012@68,
06292012@26, and 08102012@51 (the “Lots”), consistent with the
physician-patient privilege and any other healthcare privacy protections.
b. A statement fully identifying the entity(ies) or person(s) from
whom the Lots were purchased or obtained.
2. As to All Defendants and Potentially Responsible Party Participants:
a. Any professional liability, general liability, and comprehensive or
umbrella insurance policies, issued to the clinic or healthcare provider
and/or its principal officers and directors, for the policy periods including
calendar years 2012 and 2013.
b. Any documents relating to any reservation of rights or rejection or
limitation of insurance coverage relating to the claims related to or arising
out of the purchase or administration of the Lots.
Case 1:13-md-02419-FDS Document 394 Filed 08/15/13 Page 5 of 13
6. 6
c. Any agreements covering calendar year 2012 whereby the
participant agreed to indemnify another party (or required another party to
indemnify it) in connection with the claims related to or arising out of the
purchase or administration of the Lots.
d. A list of all Potentially Responsible Parties liable to tort claimants
or liable to the defendants or another Potentially Responsible Party
regarding injuries related to the allegedly contaminated
methylprednisolone acetate and the grounds or basis of the claim.
3. The mediator and/or the Court shall determine whether any additional
information or documents should be provided or exchanged in order to
facilitate a mediated settlement or resolution and the timing and manner of
the production. The Court may in its discretion allow examinations under
oath under such terms, limits, and conditions as it may prescribe and
which may be conducted in deposition format pursuant to the Federal
Rules of Civil Procedure or equivalent Federal Rule of bankruptcy
Procedure.
4. This Court's protective orders concerning HIPAA and healthcare
information shall be applicable to mediation program’s participants. Any
party producing materials within the mediation program may designate
such materials as confidential pursuant to such protective order.
5. All such documents produced or exchanged in connection within the
mediation shall be deemed confidential for purposes of mediation, and
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shall not be admissible in any later proceeding except to the extent
necessary to address the sufficiency of such production, or relating to
failure to mediate in good faith. Such documents, if filed with the Court,
shall be filed under seal. No parties participating in the mediation
program shall disclose information obtained in the mediation program to
anyone other than other participants in the mediation program (including
the mediator), the Bankruptcy Court, or this Court. All documents
supplied by any participant during the mediation process will be returned
in the event the mediation process is not successful, with no copy of any
such document being retained by any other party. The relevant parties may
mutually agree, however, to retain documents that ordinarily would be
produced or obtained during discovery and are encouraged to so agree to
minimize costs.
I. No Admission of Liability. By agreeing to participate in the mediation program,
a party does not admit in any way that it has actual or potential liability to any
other party, and the use of the term “potential liability” in this Order shall not be
construed as an admission by any party.
J. Participation Notice and Agreement. A participation notice and agreement
must be executed and mailed to the Bankruptcy Trustee, counsel for the
Creditor’s Committee, and lead counsel for the PSC at the following addresses:
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8. 8
1. To the Bankruptcy Trustee:
Paul D. Moore, Esq.
Duane Morris, LLP
Suite 2400
100 High Street
Boston, MA 02110
pdmoore@duanemorris.com
2. To counsel for the Creditors’ Committee:
William R. Baldiga Esq.
Brown Rudnick LLP
One Financial Center
Boston MA 02111
E-mail: Wbaldiga@brownrudnick.com
3. To lead counsel for the PSC:
Thomas M. Sobol Esq.
Hagens Berman Sobol Shapiro LLP
55 Cambridge Parkway, Suite 301
Cambridge MA 02142
E-mail: tom@hbsslaw.com
K. Submission to Jurisdiction. A participation notice and agreement shall be
effective on and as of the date it is executed. By executing a participation notice
and agreement, a party shall be deemed to submit to the jurisdiction of this Court
for all matters relating to the interpretation and enforcement of this Order.
L. Other Requirements of Mediation. Upon the effective date of a participation
notice and agreement, and based upon the voluntary consent provisions contained
in the participation notice and agreement:
1. Bankruptcy Court Proof of Claim. Any Unaffiliated Non-Debtor
Claimant or its affiliate executing a participation notice and agreement
shall, if it has not already done so, file a proof of claim with the
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9. 9
Bankruptcy Court within ten days of the effective date of the participation
notice and agreement.
2. MDL Discovery Stay. Any person, organization, or entity executing a
participation notice and agreement shall not be subject to discovery in the
MDL except as provided in this Order, or as otherwise directed by the
Court. All discovery in the MDL is stayed as to such enrolled participants
until further order of this Court. Nothing in this paragraph shall prohibit
the parties from voluntarily providing documents responsive to subpoenas
previously served by the PSC (and as modified by agreement or by this
Court).
3. Tolling of Limitations Periods. Any person, organization, or entity
executing a participation notice and agreement, together with their
respective heirs, successors, assigns, personal representatives, or
bankruptcy trustees, general partners, and joint-venture partners, are
deemed to agree and warrant that, with respect to civil liability that are
based upon, arising out of, or relating to persons or estate of any deceased
person claiming they (or a person upon which they are derivatively
claiming) were administered allegedly defective or contaminated NECC
products, the running of time under any statute of limitations or repose or
by way of estoppel, laches, or any other time-related defense shall be
tolled and suspended from the effective date of their participation notice
and agreement until further order of this Court. Each person,
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10. 10
organization, or entity executing a participation notice and agreement
agrees and warrants that, should time-related defenses apply under state
law, the time elapsed during the tolling period shall not be used in the
calculation of any time-related defense, including but not limited to, any
statute of limitations or repose, laches, or estoppel or state law suit
requirements which would otherwise arise during such tolling period. By
filing a participation notice and agreement or by deferring filing any suit
in reliance on this tolling order, no party is waiving any claims or
time-related defenses that may have accrued up to the effective date of the
participation notice and agreement. This Order shall not be construed as a
tolling or waiver of any claim or time-related defense that has arisen as of
the effective date or which may arise after the date of termination of
tolling period, excluding the period during which this provision has
operated to toll any time-related defense.
4. Stay and Extension of State-Law Suit Requirements. Any person,
organization, or entity executing a participation notice and agreement,
together with their respective heirs, successors, assigns, personal
representatives, or bankruptcy trustees, general partners, and joint-venture
partners, agrees and warrants that, with respect to civil liability claims
against healthcare providers filing a participation notice and agreement,
any state-law suit requirements in any lawsuit, case or claim, whether filed
or not, asserting, or based upon unaffiliated non-debtor liability claims are
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11. 11
voluntarily waived, stayed, or extended, as the case may require, until
further order of this Court. Each person, organization, or entity executing
a participation notice and agreement agrees and warrants that time elapsed
during the period the stay/extension is in force shall not be used in the
calculation of due or action dates prescribed in any state law suit
requirements, including but not limited to the time to file, serve, obtain or
present any pre-suit notice, any affidavit or certification of merit, or any
request for panel review or arbitration requirement.
5. Lists of Potentially Responsible Parties. As to any claims arising under
Tennessee, Ohio, or Nevada law that are governed by a one-year statute of
limitations, all lists provided pursuant to this order relating to Potentially
Responsible Parties and allegations asserted by the participating party
shall not be expanded should the mediation not be successful in achieving
a settlement or resolution with the party submitting it as to all claims
related to or arising out of the purchase or administration of recalled
NECC products.
M. Notice of this Order. A copy of this order and the form of participation notice
and agreement shall also be posted on the Bankruptcy Trustee’s website for
NECC. To the extent any of the following (or their counsel) do not otherwise
receive them electronically from this Court or the Bankruptcy Court, the
Bankruptcy Trustee shall promptly provide written notice of this order and the
form of participation notice and agreement to (1) those customers of NECC who
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12. 12
received products from the Lots; (2) all known defendants (other than affiliated
defendants) in actions related to or arising out of the purchase or administration of
the Lots; and (3) any party (or its representative) who the Bankruptcy Trustee
learns may qualify for participation in mediation, including parties identified as
Potentially Responsible Parties during the proof of claim process in the
Bankruptcy Court.
N. List of Unaffiliated Non-Debtor Claimants. The Creditors’ Committee and the
PSC shall be responsible for maintaining a list all Unaffiliated Non-Debtor
Claimants with an active submitted participation notice and agreement, and for
providing it to the Bankruptcy Trustee on a current basis. If, for any reason, the
Bankruptcy Trustee, the Creditors’ Committee, or the PSC deem it necessary to
file the list of Unaffiliated Non-Debtor Claimants to the Bankruptcy Court or this
Court, or to identify any of the participants, they shall do so under seal.
O. Termination by Mediator or Court. The active mediation process shall
continue until (1) the mediator declares an impasse as to a participant, in which
case the mediation and discovery stay shall end either as to that participant only,
or as to the mediation program as a whole (in which latter case the mediation
program and the discovery stay shall end as to all parties); or (2) ordered
terminated in whole or part by this Court sua sponte or upon application of any
party showing good cause for the termination.
P. Voluntary Termination by Party. Any person or entity may withdraw on notice
to the mediator, upon which the terms of this mediation program shall cease to
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apply to that person or entity, including without limitation the stay of discovery
against any such person or entity.
Q. Schedule of Mediation. The schedule, location and time of each mediation
session shall be either (1) established by the mediator, subject to the advice and
consent of the parties to the mediation or (2) should there be any conflict as to any
of the foregoing not amenable to resolution by the mediator, subject to the order
of this Court.
R. Position Papers. The mediator may require, in anticipation of any mediation
session, production of such position papers or briefs as s/he may reasonably
require.
S. Ex Parte Communications. Ex parte communication with the mediator is
permitted subject to such further disclosure as the mediator and the
communicating party may agree.
T. Modification by Court. This Court may modify the terms of the mediation
program as necessary or appropriate to facilitate the mediation process
contemplated hereby.
So Ordered.
/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge
Dated: August 15, 2013
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