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Vioxx Settlement Documents

Essential Tasks of Claims Administrators

BrownGreer is an expert in implementing a claims resolution plan. Claims administration is a skilled profession. We know how to control costs and avoid waste to enhance maximum return to claimants. Because we are lawyers, we understand the legal implications of every action of a claims facility. As claims administrators, we know how to determine and resolve claims fully, fairly, and efficiently.

We cover all of the following:

  1. Settlement Documents. We scour the settlement documents to learn their intricacies, identify practical and legal ramifications, define the duties and rights of all those affected, develop analytical tools to explain the provisions, anticipate interpretative problems, and fit all the claims processes and steps within the parameters set by the documents. We will understand all obligations and legal consequences.
  2. Notices and Public Statements. We will write and design the official notice of the settlement, media advertising, quick-reference guides for claimants, and other materials to provide information and meet legal requirements.
  3. Website Design. We write the text of the official settlement or plan website, with links to essential materials.
  4. Design of Claim Forms. We design clear claim forms and instructions, compatible with efficient scanning and data entry.
  5. Mass Mailings, Mail Intake, and Inventory. We design, print and transmit group mailings of notice and claim forms packets, with follow-up as needed. We prepare and implement procedures to receive and record written communications to the facility.
  6. Opt-Out Processes and Database. We design and prepare opt-out forms where applicable. We then carefully monitor opt-out deadlines, design the database to record and retrieve information on opt-outs, and design and implement procedures for deficient opt-outs.
  7. Call Center. We anticipate frequently asked questions and other informational needs, and write scripts to be used for call center assistance, arrange toll-free number access, train skilled operators or use automated response systems.
  8. Process Engineering. We design the processing steps, resource allocation, and systems integration to permit claims to move quickly and be determined fairly and efficiently, while minimizing transaction costs.
  9. Claims Database Design and Data Input We construct the fields, screens, software platform, programming code, and input processes to capture promptly and accurately all information from claim forms and history.
  10. Document Control and Access. We design the electronic and hard copy document inventory and retention program of the facility to facilitate claims processing and avoid delay and confusion.
  11. Communications. We clearly communicate with claimants and counsel, with full appreciation of defeated claimant expectations and ambiguous or conflicting instructions.
  12. Confidentiality. We develop processes to comply with applicable privacy laws and confidentiality requirements in the settlement documents.
  13. Working with the Parties and the Supervisory Court. We keep the parties informed, and where applicable and desired, involved in the process. We appear before the supervisory court and maintain a credible and working relationship with the court.
  14. Making Claims Complete. We identify the forms, records, and information necessary for the facility to render a reliable eligibility determination.
  15. Processing Claims to Eligibility Determinations. We review claim information to determine the benefits to which a claimant is entitled.
  16. Payment of Claims. We issue checks to the proper persons at the correct addresses and in the correct amounts, and then follow-up on discrepancies.
  17. Processing Challenges. We design procedures to address inquiries and claims from creditors, and others who seek to share in a claimant's recovery. We handle attorneys' fees, claims and liens, IRS liens, subrogation claims, and other claims.
  18. ADR, Arbitration, or Trials. We direct fairly and efficiently the approved mechanism for the contest of claims, through alternative dispute resolution, arbitration, or trial proceedings, if provided and write the rules to govern the ADR and arbitration cases.
  19. Fiduciary Duties of Trustees. We advise trustees of their duties under the settlement documents and other applicable laws.
  20. Court Challenges to Facility Actions and Exclusive Jurisdiction. We attempt to resolve challenges by claimants or others. Where we cannot, we do the briefing, argument, and appeals in judicial proceedings arising from such actions.
  21. Trustee Insurance and Other Insurance Needs. We identify the errors and omissions, liability, and insurance needs of the facility, and then work with insurance brokers and underwriters to ensure full understanding of underwriting risks, coverage, and costs.
  22. Reporting to the Court and the Parties. We provide reports to the parties and the supervisory court on the progress of claims, funds available, administrative costs, projected completion dates, and other information.
  23. Working with Asset Managers and Financial Institutions. We retain investment advisors, asset managers, and custodial institutions to handle, invest, and monitor facility funds.
  24. Tax Obligations, Financial Accounting, and Reporting. We attend to compliance by the facility with applicable state, federal, and local tax reporting and payment obligations. We retain and supervise accounting firms for accurate and cost-effective financial reporting.
  25. Achieving Closedown and Handling Archive Issues. We scale down operations as the facility approaches completion and obtain court approval of close down steps. We identify appropriate methods for retention or disposition of facility records and databases upon closing.

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