- The Court entered an order on November 26,
2014 denying the motion for reconsideration
of the July 23, 2014 order affirming physical conditions that are first diagnosed after April 16, 2012 as “Later-Manifested Physical Conditions”
rather than “Specified Physical Conditions.”
Decision on Injuries first diagnosed after April 16, 2012:
entered an order
on July 23, 2014 affirming that all physical conditions first diagnosed after April 16, 2012 shall be classified as Later-Manifested Physical Conditions, regardless of whether any such conditions are
of the type listed in the SPC Matrix and otherwise meet the manifestation requirements set forth in Exhibit 8. In explaining its holding, the Court stated:
- The MSA clearly defines any condition diagnosed after April 16,
2012 as a Later-Manifested Physical Condition. While in some cases a class member may have a condition which fits the definition of a Chronic
Condition, if it was not diagnosed by April 16, 2012, it is, by definition, a LMPC. To hold otherwise would invalidate a clear and unambiguous
term of the MSA. Further, the requirement of manifestation set forth in Exhibit 8 does not conflict with the "deadline" by which a condition must
be diagnosed in order for a class member to pursue a claim under the SPC Matrix. The provisions of the MSA, including its exhibits, must be read together to give meaning to all.
Accordingly, the Claims Administrator will classify all physical conditions that are first diagnosed
after April 16, 2012 as Later-Manifested Physical Conditions, regardless of the date when the physical condition first manifested.
Class members with physical conditions that were first diagnosed after April 16, 2012 may either
(a) seek compensation under workers' compensation law, as applicable, or the Longshore and Harbor Workers' Compensation Act, or
(b) file a Notice of Intent to Sue to seek compensation pursuant to the Back-End Litigation Option.
Class members who are represented by counsel should submit these forms through their attorneys.
Class members with questions about this process should contact their attorneys or the Claims Administrator for assistance. The Claims Administrator can be reached at 1-877-545-5111.
Approval of the Medical Benefits Class Action Settlement Agreement:
The United States District Court in New Orleans entered an order
on January 11, 2013, granting Final Approval
to the Deepwater Horizon Medical Benefits Class Action Settlement. The Order overruled all objections,
certified the Class, and approved the Settlement as fair, reasonable, and adequate for the Class.
The objectors were permitted to appeal the District Court’s Final Approval Order if they wished to continue
to pursue their objections regarding the Settlement. Two appeals were filed. On June 25, 2013, the appeal as
to appellants Abreu, Aparecio and Arellano was dismissed and closed. On February 11, 2014, the appeal as to
appellants M. Sturdivant, P. Sturdivant, Forsyth and Kirby was dismissed.
On August 31, 2012, the Court entered an order extending the date to file objections from August 31, 2012 to this Friday, September 7, 2012.
To view the order, click here.
On August 27, 2012, the Court entered an order extending the Exclusion (Opt-Out) deadline from October 1, 2012 to November 1, 2012.
To view the order, click here.
On May 2, 2012, the Court entered an order granting
preliminary approval of the proposed Medical Benefits Class Action Settlement.
The order also approved the Medical Benefits Class Notice and Notice Plan.
To view the Court directed notice, click here.
- On April 18, 2012, the Parties filed a joint motion seeking preliminary approval of the proposed Medical Settlement Agreement with the Court. On April 25, 2012, the Court held a hearing regarding conditional and preliminary certification of the Medical Benefits Class and the request for preliminary approval of the settlement with respect to this class.
To view the Medical Settlement Agreement in its entirety, click here.