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Our experience and skill sets are applicable to all types of multiple claims situations across a broad spectrum of industries, and we can apply our vast experience to your situation. We have served as lawyers, advisors, data managers, claims administrators, trustees, and experts for large and small multiple claims situations. Our clients know that they can rely on and benefit from our specialized expertise, legal knowledge, unique perspective, honed skills, and practical know-how.
Gulf Coast Oil Spill
Assist Claims Administrator Kenneth R. Feinberg with the claims process and the review of claims arising from the April 20, 2010 Deepwater Horizon oil spill in the Gulf of Mexico.
Chinese Drywall Litigation
BrownGreer PLC was selected to administer the settlement Knauf Plasterboard Tianjin Co. negotiated with the Plaintiffs’ Steering Committee to cover the replacement and removal of drywall from identified eligible homes.
Lynn Greer was appointed in January 2011 as a Special Master under Federal Rule of Civil Procedure 53 for the purpose of collecting indicia from plaintiffs to determine whether the homes in question contain Knauf Plasterboard Tianjin, Wuhu or Dongguan drywall and resolving disputes concerning the sufficiency of such indicia.
Vioxx
In November, 2007, BrownGreer was selected by the parties and the United States District Court for the Eastern District of Louisiana to serve as the Claims Administrator for the entire $4.85 billion nationwide settlement program for claims relating to Vioxx, the painkiller manufactured by Merck and withdrawn from the market in 2004 amid allegations of heart attacks and strokes caused by the drug. BrownGreer is providing full processing and resolution services to implement the November 9, 2007 Settlement Agreement reached by the parties for the nearly 60,000 claims arising from Vioxx use.
Guidant Medical Device Settlement
In April 2008, BrownGreer was retained to advise Guidant and its counsel on issues relating to the processing the claims of deceased claimants in the voluntary settlement program for claims arising from certain Guidant cardiac resynchronization therapy devices, implantable cardiac defibrillators and pacemakers. The settlement was reached in the MDL litigation before the Hon. Donovan W. Frank of the United States District Court for the District of Minnesota in St. Paul, Minnesota. BrownGreer is providing expertise on the issues of representative capacity and court approvals involved in the effort to secure finality on the claims of deceased claimants and incapacitated or deceased derivative claimants in such a program.
“Fen-Phen” Diet Drugs
Liaison counsel between Wyeth and the $5 billion AHP settlement Trust for more than 700,000 claimants in the national class action settlement of “Fen-Phen” diet drug claims. As Liaison Counsel, BrownGreer handles countless legal and administrative issues arising in the implementation of the Settlement Agreement, including working with the Trustee of the facility, notices to the class, and evidentiary and other hearings before the supervisory federal district court on such matters.
We played a key role in negotiating, drafting, and securing court approval of a $1.275 billion amendment to the Settlement Agreement, including testimony before the district court at the fairness hearing on the amendment.
Responsible for designing and implementing a process for resolving over 60,000 diet drug opt-outs in a voluntary settlement program. As part of this process, we created a secure web-based data entry system used by plaintiffs' firms for entering all relevant claim data on their clients. We designed a database that housed all claim information, tracked submission and adequacy of proof, calculated benefits using a computer algorithm we designed, and tracked all payment information. BrownGreer performed full-scale mail intake, claims review, communication with firms, negotiations, release preparation and tracking of all information relating to the 60,000 plaintiffs.
Provided litigation management services on behalf of Wyeth’s defense counsel for diet drug lawsuits. We developed and deployed secure web-based document repository system accessible by national and local counsel that houses all litigation-related documents received or generated by Wyeth’s counsel. Also, we maintained and circulated the national trial calendar, tracked each lawsuit and its status, tracked discovery dates and motion deadlines, and collected any and all relevant information about plaintiffs, pending jurisdictions, plaintiffs’ lawyers, and alleged injuries.
Seroquel
Appointed in August 2007 by the federal MDL transferee court in Orlando, Florida, upon the recommendation of all parties to serve as the Project Management Office for the over 10,000 plaintiffs bringing claims in these coordinated cases against AstraZeneca over its antipsychotic drug Seroquel. The Court appointed Orran Brown as the Special Master for all case-specific discovery. The Court directed BrownGreer to determine the availability of witnesses for depositions; coordinate with liaison counsel for the parties, witnesses, and counsel for the witnesses to schedule depositions; facilitate the steps needed to adhere to the deposition and other discovery deadlines set by the Court; maintain a deposition calendar; facilitate (and, if necessary, direct by order) the resolution among the parties and deponents of scheduling conflicts and changes to the deposition schedule; and provide regularly scheduled reports and other reports as requested on the progress of such discovery. As Special Master, Orran oversaw and coordinated all these tasks, working with the parties and the Court.
Sulzer Settlement Trust
Legal representation, management, and claims administration of the $1 billion Sulzer Settlement Trust for 27,000 claimants relating to hip and knee replacement devices. We assisted in designing claims forms, drafting the court-approved notice to class members, and designing the claims administration processes for reviewing claims and scheduling payment. We received and maintained an inventory of claim submissions, designed and maintains the database to track and assist with the processing of those claims, and staffed a call center with carefully trained operators who responded to class member and attorney inquiries.
Dalkon Shield
As outside and in-house counsel, the founding members of BrownGreer handled from opening to closing the three trust funds created in the Chapter 11 bankruptcy proceeding of the A.H. Robins Company to resolve over 300,000 Dalkon Shield Claims.
Orran Brown advised the Trust's management, Trustees, inside counsel, and other outside counsel in the United States and other countries on the legal and managerial aspects of the Trust's fiduciary duties, operations (including employment issues and the Trust's lease, banking, investment and other contractual relationships), claims processing arrangements and coordination and design of Alternative Dispute Resolution, arbitration, and trial proceedings on Dalkon Shield Claims.
Lynn Greer is the former General Counsel, Manager of the Legal Department, and Executive Director of the Dalkon Shield Claimants Trust. Lynn directed outside trial counsel, managing and coordinating the defense of over 600 product liability cases nationwide. She interviewed and hired defense counsel in thirty-five states, planned and conducted training sessions for outside counsel on medical, legal, and policy issues in the Dalkon Shield litigation, and developed computer systems to track case activity and outside counsel costs. As General Counsel and Executive Director, she led the Trust to its successful closure eight years ahead of schedule, designing and implementing the processes necessary to issue the final payments to eligible claimants and wind-up all operations.
On April 28, 2000, the Dalkon Trust was terminated by Order of the United States District Court for the Eastern District of Virginia, having distributed over $3 billion. Claimants, plaintiffs' counsel, legal experts, and judges have hailed the Trust as the most successful mass claims resolution facility in history. BrownGreer continues to advise the Trust's successor on residual issues relating to the wind-up of the Trust. We handled all the Dalkon Shield matters that arise under the final insurance coverage of such claims.
Chattem Settlement Trust
Claims administration for the $60 million Chattem Settlement Trust for claimants relating to over-the-counter diet supplement. BrownGreer’s duties included receiving and processing all claims for completeness, coordinating benefit payments from the trust, handling all opt-outs, and accounting for tax withholdings and liens.
OxyContin
Claims Administrator in a settlement of a class action related to the distribution of OxyContin from several clinics in South Carolina. BrownGreer provided full service claims administration beginning with the Notice program. We were responsible for all aspects of the claims database, registration determinations, completeness reviews, toll-free call center and communications with the class and counsel, benefits determinations and payments, appeals of claims determinations, and reports to the parties and the supervisory court.
Special Rates
Trustee of the $173.5 million U.S. Special Rates Trust created in the settlement of class action litigation by the National Treasury Employees Union against the United States Government. The Settlement provided back pay payments to more than 212,000 current and former “special salary rate” federal employees. As Trustee, we were responsible for supervising the administration of the settlement and the claims adjudicator who heard contested determinations, and for ensuring that the Settlement was correctly and economically implemented.
BJC Health System
Appointed in March 2008 by the Circuit Court in St. Louis, Missouri, upon the recommendation of all parties to serve as the Claims Administrator of a preliminarily approved Class Action Settlement involving over 22,000 uninsured patients who received healthcare treatment between 1999 and 2008 at any of 11 hospitals that make up the BJC Health System.
AIG Securities Litigation
BrownGreer performed an extensive audit of the performance of the claims administrator of an $835 million settlement of litigation brought against AIG by the Securities Exchange Commission alleging that the company’s disclosures had artificially inflated the market prices of its common stock and corporate bonds during a specified trading period. On a compressed timetable, we mastered the intricacies of the entire claim database of over 10 million transactions and a multi-step damages formula and identified significant corrections necessary in the claims processing methodology to enhance the accuracy of the claims adjudication in the settlement program.
Lehman Brothers Holdings Bankruptcy
In June 2009, BrownGreer was retained to assist the Fee Committee appointed in the Chapter 11 bankruptcy proceeding of Lehman Brothers Holdings, Inc. The Fee Committee is responsible for advising the Court on whether the fees and expenses submitted by Retained Professionals are in correct amounts and are reasonable or excessive. Retained Professionals seeking compensation are required to submit monthly statements to the parties, and to file Interim Fee Applications with the Court at four month intervals. BrownGreer is assisting the Fee Committee by receiving and processing the monthly statements and Interim Fee Application data, developing and maintaining a database to store that information, reviewing fee and expense data to determine compliance with court established guidelines, and developing reports for the Fee Committee summarizing BrownGreer’s findings, and to assist the Fee Committee in making recommendations to the Court.
Capital One – Payment Protection Plan
Administered a settlement of claims by nearly nine million class members relating to benefits available to Class Members under Capital One’s Payment Protection Plan. BrownGreer mailed all notices, will process all claim forms, and will issue all benefit checks.
Capital One – Vehicle Repossessions
Administered a settlement of claims by class members relating to repossession of vehicles. BrownGreer mailed to all class members the Court approved Notice and will handle distribution of the settlement proceeds.
CarMax Automotive Superstores – South Carolina
Administered a settlement of over $3 million to class members who purchased automobiles from CarMax stores in South Carolina. Class members received three mailings, including court approved notice, benefit coupons along with claim forms, and a potential additional payment to class members. BrownGreer printed, processed, and administered all aspects of the coupon and fund distribution.
CarMax Automotive Superstores – Maryland
Administered a settlement to class members who purchased automobiles from CarMax stores in Maryland. BrownGreer mailed to all class members the court approved notice and a certificate that could be used at a CarMax location or returned for cash redemption. We handled the redemption of the cash claims and issued checks to all eligible class members.
GMAC Mortgage
Settlement Administrator for a class action brought on behalf of 84,000 members alleging illegal markups on mortgage loans provided by GMAC. We issued notices to all class members, and distributed benefit checks after the settlement received final judicial approval.
Nextel
Expert witness in the class action field and advisor to the court on the adequacy of notification procedures and the overall settlement for class members in a large consumer class action involving improper monthly billing by Nextel Communications. The successful notice campaign reached nearly five million class members.
EquiCredit
Administered a $2.5 million class action settlement involving misapplication of loan proceeds by mortgage lending agent EquiCredit. BrownGreer coordinated with counsel, advised on settlement procedures, edited settlement documents, and oversaw the progress of notification, payment, and resolution of the case. The firm successfully generated mailings and distributed notices to almost 13,000 class members to two different populations and coordinated with Equifax to issue checks to class members that could no longer be compensated by offsetting loans held with the company.
Triad Financial Services, Inc.
Claims Administrator of $200,000 settlement based on the Fair Credit Reporting Act involving approximately 80,000 class members who applied for automobile loans between 2001 and 2004. BrownGreer prepared the Class Notice, tracked the receipt of Opt-Out and Claim Forms, and made payments to eligible Class Members.
Children’s Ibuprofen
Notice Administrator in a class action settlement that resulted in charitable donations to resolve claims of antitrust activities by two drug producers in the sale of Children’s Ibuprofen. BrownGreer successfully disseminated notice in multiple national publications and designed and implemented an internet notification campaign while also creating and maintaining a website for Class Member communications.
Ovcon 35
Notice Administrator in an antitrust settlement that calls for payments to individual states and donations of pharmaceutical products to resolve claims of antitrust activities by two drug producers in the sale of Ovcon 35 oral contraceptive. BrownGreer designed a national notice campaign covering print and internet media targeting appropriate consumer demographics, as well as created and maintained a website for Class Member communications.
Marshall Durbin Food Corporation, Inc.
Notice Administrator for a wage and hour class action settlement involving approximately 1,300 current and former employees of Marshall Durbin Food Corporation, Inc. in Jasper, Alabama. BrownGreer issued English and Spanish notices to current and former employees.
PM Beef Holdings
Settlement Administrator for a wage and hour class action brought by approximately 3,000 current and former employees of PM Beef Holdings, LLC. BrownGreer provided personalized English and Spanish notices to current and former employees and handled all communications with the class, tracked objections and opt-outs, and administered the settlement fund.
Smithfield Foods
Settlement Administrator for three wage and hour class actions brought by approximately 10,000 current and former employees of Smithfield Foods in three different states. BrownGreer provided personalized English and Spanish notices to current and former employees and handled all communications with the class, tracked objections and opt-outs, and administered the three settlement funds.
Sanderson Farms
Claims Administrator for an employment class action under the Fair Labor and Standards Act covering over 16,000 employees of Sanderson Foods, alleging unpaid overtime wages. We distributed Notices, tracked those employees who chose to opt-in to the settlement, and distributed benefits under the terms of the agreement. Notice and communications were made available in both English and Spanish.
Tyson Foods, Inc. - Iowa
Notice Administrator for a wage and hour class action settlement involving approximately 4,000 current and former employees of Tyson Foods, Inc. in Storm Lake, Iowa. BrownGreer issued English and Spanish notices to current and former employees; and received and tracked consent forms, objections and opt-outs.
Tyson Foods, Inc. - Nebraska
Notice Administrator for a wage and hour class action settlement involving approximately 8,500 current and former employees of Tyson Foods, Inc. in Lexington, Nebraska. BrownGreer issued English and Spanish notices to current and former employees; and received and tracked consent forms, objections and opt-outs.
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