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In the course of implementing the Settlement Agreement, the Claims Administrator and the Claims Processor are required to develop and adopt procedures to implement effectively the U.S. Program as contemplated by the Settlement Agreement. The Claims Administrator and Claims Processor will present such procedures to the Settlement Oversight Committee and DePuy Orthopaedics, Inc. (the “Parties”) for their positions before they become final and are used in claims processing. If the Parties agree, the Claims Administrator and Claims Processor will make the final Claims Administration Procedure (“CAP”) available publicly. The Parties have approved the Claims Administration Procedures below.
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1.
Establishment of the System for Creating and Tracking Claims Administration Procedures for the U.S. ASR Hip Settlement Program.
(May 20, 2014)
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Click here to review the CAP regarding the Claims Administrator and Claims Processor’s process for developing and adopting procedures to implement the U.S. Program as contemplated by the Settlement Agreement.
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2.
Claims Processor Review and Notice Process for PART A and PART B Bilateral Claims.
(May 20, 2014)
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Click here to review the CAP that describes the process by which the Claims Processor will review claim submissions and issue notices.
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3.
Reductions to Part A and Part B Awards.
(May 20, 2014)
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3.
Claims Processor Review and Notice Process for PART B Extraordinary Injury Fund (“EIF”) Claims.
(March 12, 2015)
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4.
Application of Multiple PART B EIF Reductions.
(March 12, 2015)
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Click here to review the CAP that describes the process by which the Claims Processor will calculate the value of reductions to EIF claims where multiple reduction factors described in the PART B Award Schedule apply to the claim.
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5.
PART B EIF Interim EIF Payments.
(June 3, 2015)
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Click here to review the CAP that authorizes the ASR Program to issue interim payments on eligible EIF claims in the 2013 Settlement. The interim payment will be for 60% of the EIF Claim Award.
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6.
Resolution of Disputes Regarding the Interpretation of Lien Responsibilities Under Article 18.18 of the Settlement Agreement.
(July 1, 2015)
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Click here to review the CAP that describes the process to resolve disputes regarding the interpretation of lien responsibilities with regard to a specific lien as provided under Article 18.1.8 of the Settlement Agreement.
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7.
Administration of Extraordinary Injury Fund Claims under the 2017 Extension Agreement.
(May 9, 2017)
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Click here to review the CAP that describes the administration of EIF claims under the terms of the 2017 Extension Agreement.
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