Settlement Program Policies

New Orleans, LA BP Settlement Program Policy

Deepwater Horizon Claims AdminIn interpreting and applying the BP Economic & Property Damages Class Settlement, the Claims Administrator has issued a number of Policies to guide the Program Vendors, and Claimants, with respect to the submission and processing of Claims. In most cases, the Claims Administrator has consulted with Class Counsel, BP, the Program Vendors, and in some cases the Seafood Neutral, before promulgating and/or revising a Policy. In a few cases, both Class Counsel and BP have formally agreed with the Claims Administrator’s interpretation; in those cases, the Policy is binding on the Appeal Panelists and Claimants. In most cases, however, Class Counsel have simply deferred to the interpretation of the Claims Administrator, which is not binding on either Claimants or the Settlement Program Appeal Panelists, and preserves the right of each individual Class Member to argue to the Appeal Panelists and/or the Court that the Claims Administrator’s Policy is an incorrect interpretation of the Settlement Agreement and/or a misapplication of the Settlement Agreement to the particular facts and circumstances of his or her Claim.

While the Claims Administrator’s Policies are available from the Settlement Program thru the Settlement Program Website and/or individual Law Firm Portals, Class Counsel have additionally prepared the attached Compendium of Current Settlement Program Policies, which have been tabbed, in pdf format. The policies are searchable for your convenience. We will attempt to update, as appropriate, from time to time.

The Settlement Program provides copies of Appeal Panel Decisions on the Settlement Program Website with the Claimant information redacted for confidentiality, on a periodic basis.  Class Counsel additionally review the Appeal Panel Decisions, as they come out, and are providing this Compendium of Significant Appeal Panel Decisions, which include some of the more recent decisions (and have also been redacted for Claimant confidentiality purposes).  These decisions have been tabbed, in pdf format, and are searchable for your convenience.  Class Counsel will continue to update these Compendia with new and/or significant decisions, as appropriate.

In addition, please find attached a Master Amicus Brief that was submitted by Class Counsel and provided by the Appeals Coordinator to all of the Appeals Panelists on or around July 16, 2014.

On May 8, 2015, the U.S. Fifth Circuit Court of Appeals held that individual claim determinations, where a Request for Discretionary Review has been sought, can be further appealed to the Fifth Circuit by either the Classmember or BP.  Up until then, Class Counsel had assumed the primary responsibility for briefing and arguing how the Settlement Agreement should be interpreted and applied on a class-wide basis.  However, now that individual appeals are allowed, Class Counsel have prepared an Index of the significant materials relating to settlement interpretation and implementation, so that they can be referenced or provided to the Settlement Program as part of the Claim File, and/or in connection with a Program Appeal or Request for Discretionary Review;  and/or additionally designated for appeal from the District Court Record;  and/or simply reviewed for the purpose of gaining insight into the negotiation, intent, post-settlement discussions and/or other effect of various settlement terms or issues, from Class Counsel’s perspective. [For Index, Click Here]

If you have a question regarding either the Economic & Property Damages Settlement and/or the Medical Benefits Settlement, and/or a specific Settlement Program Claim, please send an e-mail to classcounseloffice@mdl2179psc.com.

If you have a question regarding a Settlement Program Appeal, and/or a Request to the Court for Discretionary Review, please send an e-mail to ccappeals@mdl2179psc.com.



Herman Herman & Katz, LLC
820 O Keefe Ave
New Orleans, LA 70113
Phone: (504) 581-4892

Copyright ©2017 Herman Herman & Katz, L.L.C.

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