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In re New England Compounding Pharmacy, Inc. Products Liability Litigation

United States District Court, D. Massachusetts

December 14, 2017

IN RE NEW ENGLAND COMPOUNDING PHARMACY, INC., PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: 1:14-cv-13509-RWZ

          FINAL ORDER APPROVING WRONGFUL DEATH DISTRIBUTIONS AND DISMISSING THE CASE WITH PREJUDICE

         Petitioner Tosha Andrews, Administrator of the Estate of Sara D. Culp, also known as Sara D. Andrews, deceased, by counsel, pursuant to Va. Code § 8:01-55, requests the court's entry of an order approving the distribution of settlement proceeds among the statutory beneficiaries and others as reflected in her Petition for Final Approval of Distribution of Wrongful Death Settlement Proceeds Pursuant to Va. Code §8.01-55 (the "Petition").

         Upon consideration of the Petition, the evidence heard in open court and by telephone or video link, and for good cause shown, the court finds and orders the following:

         1. The court has previously approved the underlying settlement of the petitioner's claims, subject only to a final order regarding distribution of the settlement proceeds. The petitioner's claims under applicable settlement agreements have been processed, and funds have been awarded to petitioner for payment to the statutory beneficiaries, subject to applicable attorney fees, costs and expenses, and liens. 2. The court finds the following:

         (a) The court hereby finds that the efforts of the administrator of the estate and her counsel to identify and locate all potential statutory beneficiaries of this wrongful death estate have been reasonable and sufficient under the circumstances of this case. Further, the court finds that the petitioner has provided proper notice to the potential beneficiaries as required by law. Each statutory beneficiary has had the opportunity to state their position orally and in writing as to the amount of the settlement that should be awarded to them.

         (b) The court hereby finds that the chart attached to the Petition as Exhibit A represents a complete list of known statutory beneficiaries for the purposes of determining the proper distribution of the settlement funds in this case.

         (c) The court hereby finds the attorney fees and expenses, to be paid as ordered below, to be fair and reasonable under the circumstances of this case.

         (d) The court hereby finds the fees and expenses of Rodney Andrews' court-appointed Guardian ad litem, to be paid as ordered below, to be fair and reasonable under the circumstances of this case. The court hereby orders that such fees and expenses shall be paid solely from Rodney Andrews' portion of the settlement proceeds.

         (e) The court hereby finds the fees and expenses of Brandon Andrews' court-appointed Guardian ad litem, to be paid as ordered below, to be fair and reasonable under the circumstances of this case. The court hereby orders that such fees and expenses shall be paid solely from Brandon Andrews' portion of the settlement proceeds.

         3. The petitioner has received final payment letters from two agencies with valid and enforceable liens against the settlement proceeds; Medicare Advantage (managed by Rawlings & Co., Inc.) and the Commonwealth of Virginia Department of Medical Assistance Services (Virginia Medicaid), which provided healthcare services to the petitioner's decedent prior to her death. The amounts of those liens are the following:

         (a) Medicare Advantage (Rawlings): $84, 386.81

         (b) Virginia Medicaid: $24, 458.42 4. The Tort Trustee is hereby ordered to make distribution of the settlement proceeds as follows:

         (a) To Crandall & Katt and Tosha Andrews, Administrator of the Estate of Sara D. Culp, deceased: $1, 078, 146.46, this amount to be further apportioned by Crandall & Katt as follows:

(i) $431, 258.58 to Crandall & Katt in payment of its attorney fees;
(ii) $25, 522.65 to Crandall & Katt in payment of its expenses associated ...

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