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HomeMy WebLinkAbout04-1120 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: William E. Raudenbush aIkIa William E. Raudenbush, Jr. Date of Death: January 4, 2003 No. 2004-01120 TO THE REGISTER: I certifY that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries ofthe above-captioned estate on December 9, 2004: Name A nnre"" Joan L. Raudenbush 1302 Kingsley Road, Camp Hill, P A 17011 Notice has now been given to all persons entitled thereto under Rule 5.6(a). SMIGEL, ANDERSON & SACKS, LLP Date: December 9, 2004 By: Steven C. Skoff, Esquire ID# 85298 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 . Attorneys for Personal Representative . - [Y", - ~ _c' -,' '_.~ ;;r Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of 'Mill 1.0.1\11 F J:l.o.llnl=t\IRllc:l-t No.;2/ -()l.{ -II ~ also known as \Alii I 1.0.1\11 F R.o.llnl=l\lRII~1-I . IR , Deceased Social Security No. ?"_?A.74nn Petitioner(s), who is 18 Ye8'S ot age Of older, eppliesfor: (COMPLETE "A" OR "B" BELOW:) ctJ A. Probate and Grant of Letters and avers that Petitioner is the executat named in the Last Will of the Decedent, dated I=ghr"~ry 1Q, 1QQQ and codicills) dated n/. StBte relevent circumstances, e.Il., renunciation, dealh of axacu tor,etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: N/A D B. Grant of Letters of Administration (d.b.n,c,t.I.:ptIndlnlllite:durlntllbsentil;du,"ntlmino,iteIII) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse lif "'n\l1 o.nn h...i..~. I Name Relationship Residence " ~ 0::' I =-,] ;'-l (COMPLETE IN ALL CASES:) Attach add~tjpnal sheets if necessary. "'-" Decedent was'domiciled itt death 'I)~ rllrnh...rl",nn County. Pennsylvania, with his/her last family or principal residence at 1 'In? I(ingcl...y Rn"'n ,-r~:ni'p 1-1iI1 PAnnc\,I\f~ni~ 17n11 (list street, numbll' end municipalilvl Decedent, then ...a.a.. years of age, died I~nll~r~/..d, 2003, at l-brriC!hllrg ~ncpit~r ~~rriC!hllrg, PAnncyl\l",nb ILOClIlion) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property......................................................,............................."".",........ $ (If not domiciled in PAl Personal property in Pennsylvania "..,...................""""". ........"",...............,.... ............" $ (If not domiciled in PAl Personal property in County............................................".,.........................".",........... $ Value of real estate in Pennsylvania""....................,....""",.""".,.............................,..."""",.......".,.,.............. ..."....,.,.,......" $ Total """",......,.."................""",.,.........................................................................."...............................,.......,....$ Real Estate situated as follows: All PI=:I()pl=l:nv w.o.c: InlNTI v 1-11=1 n. npl="'IIM~ I=C:T.o.TI= I=nI=:lIITI~'O'Tlnl\l Plll=:lpnC:l=C: nl\ll v Wherefore. Petitioner respectfully requests the probate of the last Will and Codicil(sl presented with this Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Wayne Logue, 120 Lee Dr., Marysville, PA 17053 Fo.m AW-l Pagel 012 (Cumb...lllndCountvl-Rev. 9192 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. ~ Sworn to and affirmed.andsubscribed 'l...u1~ ' Q before me this 0'-,,--~ day of "\'w ~ , "l\\r) ;C''- 20 O~ ~ .~, ,::\:,-~,-, ~~"-- ~~-C>>.~ No, Estate of 'Alii I I..lHu1 F r::;t.o.llnI=NRII~1-I ~/lr/~ 'Mil 116M F R.dllnFI\IRII~1-I . IR Deceased Social Security No: ?"_?A_74nn Date of Death: l~nll~H'Y 4, ?nn~ AND NOW, "1:\" c. c ,,,'It, o.~ 'IS , 20QL, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 0 Testamentary 0 of Administration d.b,rl,c,t.;pendent.litll;duranteabaentla:duranteminoritate are hereby granted to in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES ;=f;- 0 -- ;;0. Letters.......................... . $ \9,,()(J Register of Wills I CD Short Certificate(s).......... $ \'0 .()O J:itex\C~ ~ClMt>1'\ J ~~= Renunciation,............... .. $ Affidavit ( )................. $ ~ ct- ('~ ~7J '-', Extra Pages ( )............ $ q .0..') Codicil......................... . $ JCP Fee........................ $ 10,00 Attorney: ~h~\I(2'n r ~k-nff. ~C:::'l"i..p Inventory.....,............... . $ I.D. No: R!i?~R Other...,....................... . $ Address: 44~ 1 I\lnrth J=rnnt ~trppt $ 5s,u\:) ~~rric:.h"rg. PA 1711() TOTAL................ Telephone: (717) ?::l4.?4n1 Form AW-' Paoe2of2 ICumberhmdCounty)-Rev. 9/92 H105.905MS REV.(Ol103l This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66. P.L. 304, approved by the General Assembly. June 29. 1953. WARNING: It is Illegal to duplicate this copy by photostat or photograph. ctJ- JI~ Charles Hardesrer State Registrar 0333058 MAR 1 1 2003 No. Date ~-, ,'-' ;;..."" ., ~. H105.U..~.1191 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS 002557 CERTIFICATE OF OEATH I ~ CD .. (COroner) - ,1JIlIn1lLENUM_ .......'" '" 8OCIAI..8ECUFlITY OREOFOER.H(ManI1, Day. ~ E. Jr. ., male L 211 -26~ 7400~ .. ..Il1nual')' 4, 2001 UHOEA,ltl>'l'J' .,"'."'"",,,- PUCEOFDERH(Q1ecIcanly..... _' - .- Sl8IeorForeIgnCcullry) ""- 7 Tower ,City, PA ~O g::.,,0 I'ACILlJ'YNAME(IlrlOlinlllb,6:)n,giw&_...:l.....,bw\ Dauphin lIarris b.u:g N. lIarris b.u:g Hospital """"'......""""""" KlNDOF8USINESSIlNDlI81'AY MARrl1.LSWUll.~ """"""''''''''' <:'-=~~~ _,MMitd,WlcloiYtd, (~wlle.g;...MaidoInrwne) ederal Government Iliwlt*lSIldyj .. Su rvisor " Married Joan Ruth DECEDENT'8IrM1UNGAODAESS(SIr_Ciylbwn.SIh,~Code) DECEDENT'S 170.15Cl...,__joo Lower Allen """" 1"..- "" "" 1302 Kingsley Road ,-~ - -- M.' Cam Hill, PA 17011 on__J Cumberland -' 17d.D :;....~:::ol .. ,~. . FRHER'SH.o\ME(Rnt.MilIcI&.Lasl) MOTtER'"aNAME(FirII,~MoicWoSurr>ar'llej .. William E. Raudenbush. Sr. ". A nes Stutzman I<IF(lAI,Wff'S_{T~ INl'OAIAANT'SMAlLlNBAllORESS(SlNlll,CIIy/TOwn,'sr.II.,ZlpCode) Debra J. Lo ue 4716 BCharles Roadt Meehanicsburg. PA 17050 ~ I'tACEOFDISPOSlTlON.N.meolc...-ry. l.OC/ll'lON.CIyfbwn. ,ZipCodt _Qi ~O FIemol/aI""",sw.O ."""- ~ 0IhIr(Sildy\ 2003 Gate of Heaven Cemetery U per Allen Twp.. PA 17055 , NANEANQAOORESSOFFAClUTY Parthemore FH&CS. >Ine. ~ ~ _FD 013 340 L x 1 New,' erland 'PA 17070';"0431 bu..~oIJf1\1~._b<><:clll'lOd"I"'"'"'....atldplllC>l*lN. UCEHSE NUMBER DArEllIGNED --"" (Moi1Ih.~~ - - - """''''''" DR"EP1'IONOUNCECIDEAD(_.~~ ....",...", . EXAMlNERICOAONI!R?: 2:30 a.m. January 4, 200S "-'Ill Moo.l ~ .. K 'D.MllTI: ~~---'""",*Ot~_ca.-IIw_.Donol'_ltII_oIdy1ng,ouclt......s.cOt~_,_"'_ldJ... 'Appfoll_ ..... OlherIlgnlllcanl""'--'~IOC!MIlI.bllt UII....,.............__ 11nleMl_ nol...ultin;"IM~""gI\oIfIlnPAFttL ~ :--."'" ~ H rtensive cardiovascular disease i DUElO(OR~ACONSEaUENCEOF): I ] , OUElO~ASACONSEOOENCEOF): , . I DUElO(OOASACONSEQUENCEOF): Iii '... WEFlEAIIDSY FlNDHlS ........"''''''" OREOFINJUAY T1MEOFINJUfIY INJURYRWClAK1 DESCftlBE HOW INJUR'( OCCURRED, .... -",.,,,,, (Monh,~~ .... "'~ III 0 _0 ..0 .... .",..."" -. -- '" ....... 0 0 _0 ..0 -..g~ 0 o PlACEOFINJURY.A1 ,1Iiml,tlIMl,laclory,_ ..... CouIdnolt._n.d buldng,1lc.~ - - a. - ~~~~~.,...cltw.whonll1Cllher~~pronoo.nced_...:l"""'plehidlWn23) lll.....,..,...............__lo...---caI.....___..... .. .......'.................... .......... ! . ~ .:.INCIIIQMD~_IlCWt~bo!hpronouroclr>il_andorilyingto.,....c!cIsmh) _........,..............._IIlIho-._._.......and_"'.....~)__._..................... -.DlCAL-"--.ccnCNIR ~ OIt.......DI..............MllIor.~.lnmyoplrllon.cIN1hoccu......thIltlme.dIM._P*e,_.....Io....--ce)_ ~ ---..................................................,................................................ PA 17111 ~. 8S1OH1G\JfEANDMWIIEJII I:;>',/,~/, (I ? 2tJIJ3 I I Ii LAST WILL I, WILLIAM B. UUDBRBUSH, of the Borough of Camp Hill, CUmberland County, Pennsylvania, declare this to be my Last Will, hereby revoking all prior wills and Codicils. FIRST: I direct that the expenses of my last illness and funeral be paid out of my estate as soon after my death as is convenient and expeditious in the judgment of my Executor, hereinafter named. SECOND: I give, devise and bequeath my entire estate to my beloved wife, Joan L. Raudenbush, provided she survive me by a period of thirty days. THIRD: Should my wife, Joan L. Raudenbush, predecease me or die on or before the thirtieth day following my death, then and in that event, I give, devise and bequeath my entire estate as f~l~ows:. :: 0 "", ..t:;::.. a. One-seventh (1/7) to my daughter;' Debra J. Logue. C1 [;~ b. One-seventh (1/7) to my son-in-law, waybe Logue, on condition he is married, with no div~ce pending, to my daughter Debra J. Logue. ..::: - c. One-seventh (1/7) to my granddaughter, \.Ji Nicolette Logue. e. One-seventh (1/7) to my granddaughter, Joni Logue. f. One-seventh (1/7) to my daughter, Darlene Eisenhuth. g. One-seventh (1/7) to my son-in-law, Shane Eisenhuth, on condition he is married, with no divorce pending, to my daughter, Darlene Eisenhuth. h. One-seventh (1/7) to my granddaughter, victoria Dewalt. FOURTH: All estate, inheritance and other death R. SCOTT CRAMER taxes, together with any interest and penalties payable Attomey at Law with respect to property or interests therein SUbject to 5 S. Market St. P. O. Drawer 159 taxation by reason of my death and whether passing under Duncannon. PA 17020 II , i my will or any codicil thereto, or otherwise, including jointly held and other non-testamentary property shall II be paid out of the principal of my residuary estate I without apportionment. FIFTH: I hereby nominate, constitute and appoint my son-in-law, Wayne Logue, Executor of this my Last will. Should my son-in-law, wayne Logue, be unable to so serve for any reason whatsoever, then and in that event, I I nominate, constitute and appoint my daughter, Debra J. I Logue, Executrix of this my Last Will. I further direct that they shall not be required to post any bond to I, secure the faithful performance of their duties in the Commonwealth of Pennsylvania or in any other jurisdiction. II I I IN WITNESS WHEREOF, I have hereunto set my hand and I seal to this my Last Will, which consists of two (2) i sheets of paper, dated this /1~day of February, 1999. I /{J~ .("a~~(SEAL) i 1iam B. Raudenbush The writing contained on this and the one preceding page was signed and sealed by Wi111iam B. Raudenbush and by him published and declared as him Last Will, in the presence of us, who have hereunto subscribed our names as witnesses at his request, in his presence, and in the presence of each othe ~ Q~ 1Yl. G()mr1 '-~ to R. SCOTT CRAMER Attorney at Law 5 S. Market St. P.O. Drawer 159 Dunc:annon, PA 17020 I , 'I, " I' I COMMONWEALTH OF PENNSYLVANIA) )SS COUNTY OF PERRY ) I, willi.. B. Raudenbush, testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. UJ/4~ f:'(J~",I SWORN or affirmed to and acknowledged before me by, willi.. B. Raudenbush, testator, this;?-t<" day of February, 1999. NOTA~IAL SEAL RUTH EleANOR GUNTltUfII. Nofa>y Public Dunconnon Boro, Perry County, PA My Commission e.p;.../My 18. 2001 R. SCOTT CRAMER Attorney at Law 5 S. Market St. P. O. Drawer 159 Duncannon, PA 17020 I I , I COMMONWEALTH OF PENNSYLVANIA) )SS COUNTY OF PERRY ) We, 3 S ('(')+...1::. em m -e (' and ~ the witnesses whose names are signed foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his Last Will; that willi.. B. Raudenbush signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ,I? b{2 Rn/l1NU 1Y!, r~~OO - SWORN or affirme to before me by and witnesses, this r~day of Fe 1999. ~IOrA!Ml SEAL RUTH ELEANOR GUNIRUM, Notary Pubik Ouncannon 80m, PerP/ County, PA My Commi$Oion e.p;... Mat 18, 2001 R. SCOTT CRAMER Attorney at Law 5 S. Market St. P.O. Drawer 159 Ouncannon, PA 17020 . Register of Wills of Cumberland County STATUS REPORT UNDER RULE 6.12 Name of Decedent: William E. Raudenbush, Jr. Date of Death: January 4, 2003 Estate No.: 21-04-1120 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . Yes 0 No IJl 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: May 31, 2005 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account infonnally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval of fonnal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ~.~ Date: 2/4/05 Signa Wayne A. Logue Name 1 20 Lee ori ve Marysville, PA 17053 Address .,.J (717) 975-0202 Telepbone No. 'd .~. oChpacity: gg Personal Representative \ S . o Counsel for personal representative cfl N.~,p.tJ REV-ISOOEXI6-Da) REV-1500 '* c~"w~rn" . PENNSYLVANIA . DEPARTMENT OF REVENUE INHERITANCE TAX RETURN FILE NUMBER DEPT 280601 . HARRISBURG. PA 17128,0601 21 - 04 1120 RESIDENT DECEDENT ----- CQUNTYCODE YEAR NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURI1Y NUMBER I- Raudenbush, William E" Jr, 211-26-7400 Z W - C DATE OF DEATH (MMDD,YEAR) I DATE OF BIRTH (MM,DD,YEAR) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE W 01/04/2003 08/02/1934 REGISTER OF WILLS U I W (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER C Joan L. Raudenbush w ~ 1. Original Relurn o 2. Supplemental Return D 3. Remainder Return {dale ofdfalh prior to 12.13-B2) "' ::.:::S;IJ) o 4. limiled Estate o 4a. Future Interest C~promise (aale III death alter t2-12-'82) D 5. Federal Estate Tax Return Required u"'''' w"u ",00 o 6, Decedent Died Testate {AllachcopyofW~I) o 7. Decedent Maintained a Living Trust {Attach copy of Trusl) 0 8. Total Number of Safe Deposit Boxes u"'... .." .. o 9. litigation Proceeds Received o 10. Spousal Poverty Credit {date of death between 12-31-91 and 1-1-95) D 11. Election to tax under Sec. 9113(A) (AltachSchQ) " "' THIS SECTION MUS." BE COMPlETr:D.....~lC()~~ESPolil[jEN~El\NI:!.~PNFI[j.ENTI....L; TAl(jIilFClRM"'TIONSI'l'PUL~)BEDIRECTEq)O: z w NAME COMPLETE MAILING ADDRESS " Steven C, Skoff, Esquire z 4431 North Front Street 0 .. FIRM NAME (If AppliC<lble) Harrisburg, PA 17110 '" Smigei, Anderson & Sacks, LLP w '" '" TELEPHONE NUMBER 0 u (717) 234-2401 1. Real Estate (Schedule A) (1) 2. Stocks and Sands (Schedule 8) (2) 3 Closely Held Corporation, Partnership or Sole-Proprietorship (3) .. 4 Mortgages & Notes Receivable (Schedule 0) (4) -,." 5. Cash, Bank Deposits & Miscellaneous Persona) Property (5) Z (Schedule E) c.,.) 0 6. JoinUy Owned Propeny (Schedule F) (6) - 5 o Separate Billing Requested ::l 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) I- (Schedule G or L) ii: 0.00 <l: 8, Total Gross Assets (total UneS 1-7) (8) U 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10.523,95 w a: (10) 10. Debts of Decedent, Mortgage Liabilities, & liens (Schedule I) 11 Total Deductions (total lines 9 & 10) (11) 10,523.95 12. Net Value of Estate (Une 8 minus Line 11) (12) 0.00 13. Charitable and Governmental BequestslSec 9113 Trusts for which an election to tax has not been (13) 0.00 made (Schedule J) 14. Net Value Subject to lax (line 12 minus Line 13) (14) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES Z 15. Amount of Une 14 taxable at the spousal tax 0 !C( rate, or transfers under Sec. 9116 (a)(1.2) x .0 (15) I-' 16. Amount 01 line 14 taxable at nneal rate x .0 (16) ::l ll. 17. Amount of Line 14 taxable at sibling rate :x. ,12 (17) ::!i: 0 18. Amount of Une 14 taxable at collateral rate _._.____,_____.__,.....___.~_ ..____m________...",__'.. X ,15 (18) U ~ 19. Tax Due (19) 200 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QI.lEsTlONSClNREVERSE SfD.EAND RECHECK MATH < < \? Decedent's Complete Address: STREET ADDRESS 1302 Kinnslev Road . CITY Camp Hill I STATE I liP PA 17011 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 0.00 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits ( A + B + C ) (2) 3. Interest/Penalty if applicable D.lnteresl E. Penalty TotallnteresVPenalty ( 0 + E ) (3) 4 If Line 2 is greater than Line 1 + line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (SA) B. Enter the tolal of Line 5 + SA This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ,............................ ........ .............."" .............. ............... D IKI b. retain the right to designate who shall use the property transferred or its income; ....................................".... 0 IKI c. retain a reversionary interest; or... ..................,....... ........ .........,....... ..........,............................,.. .."............... 0 IKI d. receive the promise for life of either payments, benefits or care? ...........................,.... "............... .......""....... 0 IKI 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ......... ........,......... .................,0 IKI 3. Did decedent own an ~jn trust for" or payable upon death bank account or security at his or her death?.. ........0 IKI 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ...........,.................................... ............... ......................,....... .....................0 IKI IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under pen allies of pe~ury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaralion of preparer olher than Ihe personal representative is ba sed on all information ofwl1ich preparerhas any knowledge. SIGNATURE OF PERSON~OR Fill TURN DATE '. Q ,.."._-------,-,------,._--------,..~--- _.._.~-~-~-==-~..- ---------- ___...._._._....__._~_____________ -'__n_ _ _ _ ADDRESS 120 Lee Drive, Marysville, PA 17053 SIGNATUREOFPA~N~~"" .. 07 'd./7~r ADDRESS Smi~el,A~derson & Sacks, LLP,4431NorthFrontSt,Harrisbur~'F'1I1711 0 For dates of death on or atter July 1, 1994 and before January 1, 1995, the lax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 PS 99116 (a) (11) (i)J. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers 10 or for the use of the surviving spouse is 0% [72 P.S. 99116 (a) (1.1) (ii)J. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax relum are still applicable even if lhe surviving spouse is lhe only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of Ihe child is 0% [72 P.S. 99116(a)(1.2)), The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 99116(1.2) 172 P.S. 99116(a)(1)}. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S, g9116(a){1.3)). A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV,1508 EX+ (6-98) *' SCHEDULE E CASH, BANK DEPOSITS, & MISC. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER William E. Raudenbush alkla William E, Raudenbush, Jr. 21-04-1120 lnclUde the proceeds of litigation and the dale the proceeds were received by the estate AU property jointly-owned with right of survivorship must be disclosed on Schedule F ITEM I VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. The Estate of William Raudenbush is involved in litigation 0.00 captioned as Wayne Logue, Executor of the Estate of William Raudenbush, Deceased and Wayne Logue, in his own right, v. Merck & Co., Inc., No. ATL-L-0068-05 in the Superior Court of New Jersey on January 25, 2005. There have been no meaningful settlement discussions. Should the Estate receive any award or settlement, we will file a Supplemental to this Return. See SUIllll'OllS attached hereto as Exhibit A. TOTAL (Also enter on line 5, Recapitulation) $ 0.00 (If more space is needed, insert additional sheets of the same size) REV,1511 EX. 112'991. SCHEDULE H COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES & INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER William E. Raudenbush alkla William E, Raudenbush, Jr. 21-04-1120 Debts 01 decedent must be reported on Schedule 1. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ,. Parthemore Funeral Home & Cremation Services, Inc, 8,377.40 2. Diocese of Harrisburg - Office of Cathoiic Cemeteries 1,400.00 B. ADMINISTRATIVE COSTS: ,. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN Number of Personal Representalive(s) - Street Address City State Zip Year(s) Commission Paid: 2, Attorney Fees Smigel, Anderson & Sacks, LIP 450.00 3. Family ExemptiCfY. {If decedent's address \s not the sarne as claimant's, al'tach explanation) Claimant Street Address City State _Zip Relationship of Claimant to Decedent 4. Probate Fees 55.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Cumberiand Law Journal - legal advertisement 75,00 B. The Sentinel - legal advertisement 151.55 9. Cumberland County Register of Wills - filing fee for PA Inheritance Tax Retum 15.00 TOTAL (Also enter on line 9, Recapitulation) $ 10,523.95 (If more space is needed, insert additional sheets of the same size) . REV.1S13 EX+(9-o0) '* SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENi DECEDENT ESTATE OF FILE NUMBER William E. Raudenbush a/k/a William E, Raudenbush, Jr. 21-04-1120 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee{s) OF ESTATE I TAXABLE DISTRIBUTIONS {incluce outright spousal distributions, and transfers under See 9116 ('1 (1.21i 1. Joan L. Raudenbush, 1302 Kingsley Road, Camp Hill, PA 17011 wife 100% ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH IB, AS APPROPRIATE. ON REV,1500 COVER SHEET II NON,TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARI,ABLE AND GOVERNMEN,AL DIS,RIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON,TAXABLE DIS,RIBUTIONS ON LINE 13 OF REV,1500 COVER SHEET $ 0.00 (If more space is needed. insert additional sheets of the same size) II !I II II LAST WILL I, WILLIAM E. RAUDENBUSH, of the Borough of Camp Hill, Cumberland County, Pennsylvania, declare this to be my Last will, hereby revoking all prior wills and Codicils. I FIRST: I direct that the expenses of my last illness and funeral be paid out of my estate as soon after my death as is convenient and expeditious in the judgment of my Executor, hereinafter named. SECOND: I give, devise and bequeath my entire estate to my beloved wife, Joan L. Raudenbush, provided she survive me by a period of thirty days. THIRD: Should my wife, Joan L. Raudenbush, predecease me or die on or before the thirtieth day following my death, then and in that event, I give, devise and bequeath my entire estate as fS11ows: a. One-seventh (1/7) to my daughteri'Debra J. Logue. b. One-seventh (1/7) to my son-in-law, I Wayne Logue, on condition he is married, with no divorce pending, to my daughter Debra J. Logue. -~ " c. One-seventh (1/7) to my granddaughter, ;J Nicolette Logue. e. One-seventh (1/7) to my granddaughter, Joni Logue. f. One-seventh (1/7) to my daughter, Darlene Eisenhuth. g. One-seventh (1/7) to my son-in-law, Shane Eisenhuth, on condition he is married, with no divorce pending, to my daughter, Darlene Eisenhuth. h. One-seventh (1/7) to my granddaughter, I Victoria Dewalt. I FOURTH: All estate, inheritance and other death R. SCOTT CRAMER " taxes, together with any interest and penalties payable i AMomey ot Law II with respect to property or interests therein subject to I 5 S. Market St. H P. O. Drawer 159 n taxation by reason of my death and whether passing under I )uncannon, PA 17020 ~! i il il I , I P I :I I !j' <I I I, I' II i) 11 my will or any codicil thereto, or otherwise, including II jointly held and other non-testamentary property shall be paid out of the principal of my residuary estate j' without apportionment. II FIFTH: I hereby nominate, constitute and appoint my i. son-in-law, Wayne Logue, Executor of this my Last Will. Should my son-in-law, Wayne Logue, be unable to so serve I for any reason whatsoever, then and in that event, I I II nominate, constitute and appoint my daughter, Debra J. Logue, Executrix of this my Last will. I further direct II that they shall not be required to post any bond to secure the faithful performance of their duties in the I, Commonwealth of Pennsylvania or in any other I jurisdiction. II IN WITNESS WHEREOF, I have hereunto set my hand and II seal to this my Last Will, which consists of two (2) sheets of paper, dated this I 'It! day of February, 1999. i UJJ~ .("'~~~d(SEAL) William E. Raudenbush I I The writing contained on this and the one preceding page was signed and sealed by Willliam E. Raudenbush and I II by him published and declared as him Last Will, in the presence of us, who have hereunto subscribed our names as witnesses at his request, in his presence, and in the presence of each ~) I '17 j . I. I -/~C~ II I I ~ Q!no~ 1Yi n(!'TIfl UI Q.O I I I I R. $COTT CRAMER I I I I Attorney at Law I 5 S. Market St. I P.O. Drawer 159 i I I Jnconnon, PA 17020 , I I I I I I I , I I j I I II II Ii COMMONWEALTH OF PENNSYLVANIA) )SS COUNTY OF PERRY ) I, william E. Raudenbush, testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. fA!;/4~ f'(}P/!$/t/t#I SWORN or affirmed to and acknowledged before me by, William E. Raudenbush, testator, this!Y-1I. day of February, 1999. /.c/-"') .,') /1, ^ / ()/J 5.1.// -4. o ~ ~,r_~/!/}A"--;..--t:.~,--- r . _.~"'(/'i MOTf.',,'Ri,AL SE~~L ' tY.Jrr; Etf.ANCR GUNll~UN~ l'~~rorf F\lb{k O-J~''I"::~:m......);" ~.J)"O, ~'t Courtly, PA Mr Cbml"ni~a" ~res iVl:~Y~~{)!_ "'~, R. SCOTT CRAMER I ! Attorney ot Law ~ I 5 S. Market St. I P. O. Drawer 159 j ! luneannon, PA 17020 1l l II 1 'I I "I I . I I, ' i! I Ii . Ii I I I I COMMONWEALTH OF PENNSYLVANIA) )5S COUNTY OF PERRY ) we,1Z SC()t...-!:. Cmm-fll and W\(\l'\~ M C(ll"ghfll~ the witnesses whose names are signed to the attacfied r foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his Last Will; that William E. Raudenbush signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. /? .~d;:2 I ~' U();n,yv 1lI, (~~OQ _. SWORN or affirme~to and subscribed to before me by .SJ'('JH {1Y()n1't'k... and / i'JJnnf r;} 1h1';6/1h""/1 , witnesses, this/7~day of Fe ruary, 1999. - /] /,,-' \ -' , / I~, 477-- ti'~/ ~m.. :"U~"~4~_._ 1. - ; - W':>1'''~~i;':;:-::'");;--' 1 V , ". ,-.-' -'.<' ~"' .,-,,~, I" i (1. "n.', 10:' ""'''' fl..l 0"') !..., f~,~ ":,,,,N, l~.t,~,..;'). l'llb<l" , ,,:..1", .........,"".,.,OJ'c...,...,. ',_ ....., - , D1.u~f,lrlj':>~:;." l~,;;,~"O/F\1:')' 0:'lJ~;, PA ~ .,.. ,-,. ,. '^ '? '''''lV" ,;C"--=.:,,~Y_'W;S':1Tb'lI~it~r'1'l'nt:.-r;pJ.;,\"'l'l: !H":f'.f j~ R. scon CRAMER I I A "omey at Law I I 5 S. Market St. I P. O. Drawer 159 I Duncannon, PA 17020 ~ 'I I I, II I ; I I !, I " , n I -, .-------- ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY, P.e. BY: DAVID JACOBY, ESQUIRE & GREGORY S, SPIZER, ESQUIRE 402 Park Boulevard Cherry Hill, NJ 08002 (856) 427-9229 Attorneys for Plaintiffs WAYNE LOGUE, Executor of the Estate of: SUPERIOR COURT OF NEW JERSEY WILLIAM RAUDENBUSH, Deceased and LAW DIVISION WAYNE LOGUE, in his own right ATLANTIC COUNTY PLAINTIFF(S) v, CIVIL ACTION No:, ATL-L-0068-05 MERCK & CO., INC., VIOXX LITIGATION Defendant SUMMONS The State of New Jersey, to the Above Named Defendant(s): YOU ARE HEREBY SUMONED in a Civil Action in the Superior Court of New Jersey, instituted by the above named plaintifJ(s), and required to serve upon the attorney(s) for the plaintifJ(s), whose name and office address appears above, an answer to the annexed complaint within 35 days after the service of the summons and complaint upon you, exclusive of the day of service. If you fail to answer, judgment by default may be rendered against you for the relief demanded in the complaint, You shall promptly file your answer and proof of service thereof in duplicate with the Superior Court of New Jersey, Law Division, Atlantic County, New Jersey, in accordance with the rules of civil practice and procedure. If you cannot afford to pay an attorney, call a Legal Services Office, An individual not eligible for free legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. These numbers may be listed in the yellow pages of your phone book, The phone numbers for the county in which this action is pending are: Lawyer Referral Service, (609)345-3444 and the Legal Services Office: (856)964-2010. Dated: January 25, 2005 (])ona{([ P. PIieCan Clerk of the Superior Court Name of defendant to be served: Merck & Co" Inc. One Merck Drive White House Station, New Jersey 08889 * For direct filing, add address for County Clerk and strike "in duplicate. " For Trentonfiling add CN-971, Trenton, NJ 08625 EXHIBIT A Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 2/01/2005 SKOFF STEVEN C 3211 NORTH FRONT STREET POBOX 5300 HARRISBURG, PA 17110-0300 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 1/04/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~~~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge vR - PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF ESTATE IS NOT COMPLETED, FILE a 6.12 FORM YEARLY UNTIL COMPLETION STATUS REPORT UNDER RULE 6.12 Name of Decedent: William E. Raudenbush a/k/a William E. Raudenbush, Jr. Date of Death; January 4. 2003 Estate No.; 2004-01120 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the fOllowing with respect to completion of the administration of the above-captioned estate: I. State whether administration of the estate is complete: Yes No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete; Upon settlement of pending litigation (dale) 3. If the answer to No. I is yes, state the following; A. Did the personal representative file a final account with the court? Yes No B. The separate Orphans' Court No. (if any) for the personal representative's account is; (Not Applicable in Dauphin County) C. Did the personal representative state an account informally to the parties in interest? Yes No D. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. v--~c-) ~ / Date; 6/14/05 Signatu;e - - /' , ,() steven C. Skoff, Esqurre Name (Please type or print) """-. 4431 North Front St. ~':" Harrisburg, PA 17110 .. -- -.....- Address ,.,..;.; (717) 234-2401 (MAH:nnt/AM3J Telephone No. Capacity; Personal Representative X Co"'~1 fu< '-om R",",""l}X R.W.-58 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone August 18, 2005 717-787-6670 Steven C. Skoff River Chase Office Ctr., 3rd. FI. 4431 North Front St. Harrisburg, Pa. 17110 Re: Estate of William E. Raudenbush File Number 2104-1120 Dear Mr. Skoff: The Department has been advised that the above-referenced estate is presently involved in litigation. The Department will suspend further activity on this estate until August 18, 2006. You are required to notify the Department when the status changes or the extension date expires. If you have any questions, please contact me at (717-787-6670). Sincerely, Li_ c'". '.D N Steven Ja Inheritance ax Division E-Mailsjames@state.pa.us FAX 717-772-0412 .---~ LL C) [J~ Lt.. c; C.1 U.,J r;: to') c) Lt.-.; c:: o c-.-) Ci', ,.~' - -' ~ C-~J C;J C'-.J , ()~. u ~~ SMIGEL, ANDERSON & SACKSLLP STEVEN C. SKOFF. ESqUIRE PHONE: (717) :!:l 1-2 10 1 ATTORNEYS AT LAW TOLL FREE: 1-800-822-9757 FACSIMILE (717) :!:l.1-3Gl1 EIVIAIL: sskofftiisasllp.(,ol1l www.sasllp.(,oll1 Fill' !'>o. 7932-2-5a December 12, 2005 t-.) o ~ -.l~ C:.r i;'-l r~""'" . J Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013-3387 -.';.Ml r.,) a Re: Estate of William E. Raudenbush a/kla William E. Raudenbush, Jr. No. 2004-01120 Dear Gentleperson: Enclosed for filing, please find an original and one (1) copy ofthe Status Report Under Rule 6.12 for the above estate which is due by January 4,2006. Please return a time-stamped copy of the Status Report in the enclosed self-addressed stamped envelope for our files. In addition, please be advised that the Notice you sent me regarding the Status RepOIi was sent to an incorrect address. Therefore, please change your records to reflect my correct address as listed below. Thank you for your attention to this matter. Very truly yours, ., ,Akclt"L c St(r I~,-- Steven C. Skoff SCSlcrm Enclosures cc: Wayne Logue, Executor (w/enc.) 4431 North Front Street, Harrisburg, Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP ~ ~- ~/ ~ """"_ ---! -.'---. _.~.".n"'l'~"iI- -.4:"..,----1'-- _....,il_~_..3 "'_~~~-'l-- .!.K.~~.!I.~Il't:.!I." 'VI! 'i/II/ U<:;i llJilL '-'lULU iuI\C!i. .Il.i:llJLJJ.\i.Ji 'VUUJ.lJJ."-J STATUS REPORT UNDER RULE 6.12 Name of Decedent: William E. Raudenbush a/k/a William Eo Rrl1lnpnhm:;h, Jr. Date of Death: January 4. 2003 Estate No.: 2004-01120 . Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes 0 No IX! 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Upon settlement of penn; ng 1; t; <y'ltion. 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a fmal account with "the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ~~.'. Date: )J/!J/O~ ~ SIgnature ~:" o steven C. Skoff, Esquire 0d I.__~; I,' Name 4431 North Front Street Harrisburg, PA 17110 Address 1.r'"') ,.;--------:Jo L ',_.. l..''::'" (..) (717) 234-2401 Telephone No. Capacity: 0 Personal Representative J!l Counsel for personal representative ~.t: Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 phone: (717) 240-6345 Date: 12/06/2005 SKOFF STEVEN C 3211 NORTH FRONT STREET POBOX 5300 HARRISBURG, PA 17110-0300 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 1/04/2006 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, A.v~ ,..; . ~,";;..;;.., I GLEND~~F~;;~~~SBA H REGISTER OF WILLS cc: File Personal Representative(s) Judge ~1/ Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (71 7) 240 - 6345 Date: 12/27/2006 SKOFF STEVEN CARL ESQUIRE SMIGEL ANDERSON & SACKS LLP 4431 N FRONT STREET HARRISBURG, PA 17110 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS I COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing lS due by: 1/04/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, Glenda Farner Stra Clerk of the Orphans' Court cc: File Personal Representative(s) \ /- ~ IC, Cumberland County - Register Of wills One Courthouse Square Carlisle, PA 17013 phone: (717) 240-6345 Date: 12/27/2006 LOGUE WAYNE 120 LEE DRIVE MARYSVILLE, PA 17053 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing lS due by: 1/04/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ,,6.- .. ,'~ /; s"u~~'" ..,-".ti~<,A/' ,4''1</ <,,:,,-,,_<"4- ~. -. v."-:;:j:*/f :~fi Glenda Farner Strasbaugtl Clerk of the Orphans' Court cc: File Counsel cJ , Pa. O.C.Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLllliD COUNTY, PENNSYL V ANlA Name of Decedent: William E. Raudenbush a/k/a William E. Raudenbush, Jr. Date of Death: January 4, 2003 File Number: 2004-01120 Pursuant to Pa. O.c. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . ., 0 Yes XiI No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Upon settlement of pending litigation 3. lfthe answer to No.1 is YES, state the following: a. Did the personal representa~i;yeJile a final account with the Court? . . . . . .. 0 Yes 0 No b. .The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... 0 Yes 0 No d. Copies of receipts, releases, joinders and approvals of forni.al or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to tbis report. Date 12/29/06 Capacity: 0 Personal Representative ~ounsel Heather D. Royer, Esquire Name of Person Filing this Form 4431 North Front Street, Third Floor L2 :2H:d n ,'\: ~J r, .It r: n _ 0- i'~'ii LlJLii Address . Harrlsburg, PA 1 711 0 71 7 -234-2401 \\'-d-"3~ .- 'd--f G\ Telephone Form RW.lIr rev;.]Q.u'Oy ~ Cumberland County - Register Of wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 12/18/2007 SKOFF STEVEN CARL ESQUIRE SIVJIGEL ANDERSON & SACKS LLP 4431 N FRONT STREET HARRISBURG, PA 17110 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing lS due by: 1/04/2008 please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, / Glenda Farner Strasba~gh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (71 7 \ 240 - 6345 Date: 12/18/2007 LOGUE WAYNE 1.20 LEE DRIVE M~RYSVILLE, PA 17053 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 1/04/2008 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF C UN\. COUNTY, PENNSYLVANIA NameofDecedent:~ll'dN)l ~ R~bobh Date of Death: --:SOMUaJ,/ 4j ;l.Oo3 ~ lAJldl4m f:. Rcw~bll6v c:;.oot..f.- - [) II ao File Number: Pursuant to Pa. O.c. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. 0 Yes eNo 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: ~ ~MI"...,. +ll>~cll'j~ ~ 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . . . DYes D No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... DYes DNo d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date 1'2../211 Z4()1 Capacity: .a1Personal Representative DCollnsel zz --,! t, ".i,.;.. ('J") J"~ J,ez Fi" j(, .:1U LUU \~o :e.-e n Address [") mQnpLlI (l~j 'rA 11053 7/1-- 9>02 - Of ~ I Telephone Form RW.I0 rev. 10.13.06 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF W[LLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: William E. Raudenbush a/k/a William E. Raudenbush, Jr. Date of Death: January 4, 2003 File Number: 2004-01120 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... []Yes ~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Upon settlement of pending litigation 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^ Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^ Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attach\ed to this report. ' °`~ December 17, 2008 ~~ ~~-^ Signa me of Person Filing this Form Capacity: ©Personal Representative ®Counsel Heather D. Royer, Esq. - .,,.a~ _~,~ 1t I ~-l~~sa-~~~ _.. }'"~~ i ~, ~cl 'd 61 ~?~ ~~~~' Name of Person Filinglhis Form 4431 North Front St., Third Floor Address Harrisburg, PA 17110 717-234-2401 Telephone Farm R'W;-12 zev. ~1,0.13.Ot5 ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY BY: SOL H. WEISS, ESQUIRE ~ GREGORY S. SPIZER, ESQUIRE Identification Nos. 15925/82435 1710 Spruce Street Philadelphia, PA 19103 (215) 790-4578 WAYNE LOGUE, Executor of the Estate of WILLIAM RAUDENBUSH, Deceased and WAYNE LOGUE, in his own right v. MERCK & CO., INC. Attorneys for Plaintiff COURT OF COMMON PLEAS, CUMBERLAND C~1TY ;,; ':, Orphans Court Divisto'~ ~ z,. ~, ; N ~ `~~ _ o ' - . , '-~ 1 2004-01120 • <-- - , ~;~; -__ -_ PETITION TO APPROVE SETTLEMENT AND DISTRIBUTION OF WRONGFUL DEATH AND SURVIVAL ACTIONS TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Wayne Logue, as Administrator of the Estate of'Villiam Raudenbush, Deceased, by and through his attorney, Gregory S. Spizer, Esquire, respectfully represents: 1. Petitioner is Wayne Logue, who is the Administrator of t:he Estate of William Raudenbush. On December 27, 2004, Petitioner filed the above-captioned wrongful death and survival action on behalf of the Estate of William Raudenbush in the Superior Court of New Jersey, Atlantic County. The suit alleged that Defendant failed to warn physicians and consumers of the risks associated with the prescription drug Vioxx and, as a consequence, caused Decedent's death. A copy of the time-stamped Complaint is attached hereto as Exhibit "A". 2. The Decedent, William Raudenbush, (Date of Birth: August 2, 1934; Social Security Number: 211-26-7400) died from hypertensive cardiovascular disease on January 4, 2003, caused by his ingestion of the prescription drug Vioxx. Decedent's death certificate is attached hereto as Exhibit "B". 3. Petitioner was granted Letters of Administration by the F;egister of Wills in Cumberland County on December 8, 2004. A copy of the Short Certificate is attached hereto and marked as Exhibit "C". -h 4. Decedent executed a Will on February 19, 1999. The Will devised Decedent's entire estate to his wife, Joan L. Raudenbush and named Petitioner as Executor. A copy of Decedent's Will is attached hereto and marked as Exhibit "D". 5. At the time of his death, Decedent had been married to 1vlrs. Raudenbush for more than forty-five (45) years. The lawsuit filed by Petitioner asserted a Loss of Consortium claim on behalf of Mrs. Raudenbush. See Complaint attached as Exhibit "A". 6. Petitioner filed suit based upon counsel's thorough review of voluminous medical records. 7. Beginning in early 2005, the parties engaged in discovery. Plaintiff completed a Fact Sheet which is used in lieu of interrogatories in Mass Tort cases. Counsel also reviewed millions of pages of Merck & Co., Inc. documents. In addition, numerous Merck employees were deposed regarding their knowledge of the science, marketing and regulatory decisions regarding Vioxx. 8. Further, Plaintiff's counsel engaged various medical and epidemiology experts to support the theory of "general liability", establishing a link between Vioxx and heart attacks/death. 9. After extensive litigation, on November 9, 2007, the various State and Federal Courts that have overseen the coordinated Vioxx proceedings (Federal T/IDL, New Jersey, Texas and California) approved a settlement, which was available to all plaintiffs who suffered a myocardial infarction, ischemic stroke or sudden cardiac death. The settlement allowed Petitioner to submit a claim form to the Vioxx Claims Administrator along with other documentation, including medical records, prescription records, the deal:h certificate and letters of administration, which evidenced the basis of Petitioner's claims. 10. On January 7, 2008, Petitioner advised us, his counsel, that he agreed to enroll in the National Vioxx Settlement Program. 11. On January 31, 2008, Petitioner signed the Release, which Plaintiff's counsel submitted to the Claims Administrator. The submission of Petitioner's release officially enrolled this claim in the Vioxx Settlement Program. The signed Release is attached hereto and marked as Exhibit "E". 12. On June 19, 2008, Petitioner's Counsel submitted the medical documents and death certificate referenced in Paragraph 9 to the Settlement's Claims Administrator. 13. On, December 12, 2008, Petitioner's claim was assigned the following points award under the settlement: 158.40. 1 ` Per the terms of the Vioxx Settlement, a point total is assigned to each Claimant who qualifies for an award. Presently, each point is worth $1,915. Petitioner's point total multiplied by $1,915 equals $303,336. -2- 14. Counsel was of the professional opinion that the proposed award was reasonable and fair given Mr. Raudenbush's age, pre-existing medical conditions and cardiovascular risk factors. 15. On December 15, 2008, Petitioner was advised of the proposed monetary settlement. Petitioner was also advised of the alternative options available, including appealing the Claims .Administrator's award. Petitioner was of the opinion that, given all of the factual and legal circumstances, the proposed settlement was reasonable and advised Counsel to immediately accept the proposed award. 16. On December 15, 2008, Counsel accepted the proposed settlement on behalf of Petitioner. 17. As Petitioner agreed to the points total awarded, an interiim payment of 40% of the total award was paid in the final days of December. A gross paymer.~t of $121,334.40 was paid to us on behalf of Petitioner's claim by the Vioxx Claims Adminis~~rator.2 This money is being held in escrow. 18. As of today's date, Counsel has incurred expenses in the amount of $586.38 for which reimbursement is sought. (See cost sheet attached as Exhibit "F".) These expenses will be deducted from Petitioner's 60% balance award. 19. In addition, at the time of his death, Decedent was a Medicare recipient. A Medicare lien, believed to be in the amount of $143.27, will be satisfied. via a deduction from the funds of Petitioner's 60% balance award. 20. On August 27, 2008 United Stated District Court Judge Fallon limited the individual attorneys' fees for all Counsel representing claimants enrolled in the Vioxx Settlement Program to 32%. The original Contingent Fee Agreement signed by Petitioner and the August 27, 2008 Order of the Court are attached hereto as Exhibit "G". 21. With the Court's permission, Counsel intends to deduct attorney fees of 32% from the interim (40%) award and 32% from the balance (60%) award for total attorney fees of 32%. At this time, Counsel respectfully requests $38,827.01 which is 32% of the interim (40%) award. 22. Therefore, the net amount Petitioner will receive, on behalf of the Estate of William Raudenbush, is $82,507.39. 23. Petitioner requests allocation of the net proceeds of the settlement after deduction of costs and attorney fees as follows: a. Wrongful Death Claim (90%) 2 The 60% balance of Petitioner's Claim will be paid at some point in 2C-09. We will file a second Petition for Approval of Wrongful Death and Survival Benefits apt that time, as the dollar per point value maybe different than it is today. -3- b. Survival Claim (10%) 24. The reasons for the requested allocation are as follows: Mrs. Joan Raudenbush survived Decedent at the time of his death. Any proceeds from this matter, per Decedent's will, are to be distributed to Mrs. Raudenbush. 25. Pursuant to the Wrongful Death and Survival Action Statutes (42 Pa.C.S. §8301 and §8302) the beneficiary of the Wrongful Death Claim and Survival Action is as follows: NAN[E Mrs. Joan Raudenbush (Widow/Sole Beneficiary) $82,507.39 26. Petitioner's Counsel served a copy of this Petition on the following interested parties. Counsel further notes that attached to this Petition is the verification of Wayne Logue, the Executor of the Estate, who approves of the distribution of funds as set forth herein. NAME ADDRESS Joan Raudenbush 1302 Kingsley Road Camp Hill, PA 17011 Wayne Logue 1302 Kingsley Road Camp Hill, PA 17011 Further, the parties were advised that if they should have any objection to the proposed distribution, they must submit written objections or a Response to the Petition within twenty (20) days to this Court at the following address: Cumberland County Orphans' Court, 1 Courthouse Square, Room 102, Carlisle, PA 17013 27. Counsel advised the Pennsylvania Department of Revenue of this matter. Inasmuch as the Will left everything to the surviving spouse, the Department of Revenue has no interest in this matter as there is no tax due to the Commonwealth. Nevertheless, we have served a copy of the Petition on the Department of Revenue as well in the event they wish to comment to the Court. -4- WHEREFORE, Petitioner prays that he be permitted to enter into the settlement recited above, and that the Court enter an Order of Distribution (for the 40% interim payment) as follows: (a) To: Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. For Attorney Fees (Contingent Fee Agreement and Order attached as Exhibit "G") $38,827.01 (b) To: WRONGFUL DEATH CLAIM Joan Raudenbush (Widow/Sole Beneficiary) $74,256.65 (c) To: SURVIVAL CLAIM Joan Raudenbush (Widow/Sole Beneficiary) TOTAL: Respectfully submitted, $8,250.74 $ 121,334.40 ANAPOL, SCHWARTZ, `JVEISS, FELDMAN & SMALLEY, P.C. ~ L ~ /' ~~ Date: ~ - ~ s ~~Uc~'j BY: ~ -5- SOL H. WEISS, ESQUIRE GREGORY S. SPI;?ER, ESQUIRE Attorneys for Petitioner VERIFICATION I, Wayne Logue, Administrator of the Estate of William Raudenbu.sh, Deceased, hereby state that I am the Petitioner in this action and verify that the statements contained in the foregoing Petition to Approve Settlement and Distribution of Wrongful Death and Survival Actions, are true and correct to the best of my knowledge, information and belief. I understand that the statements in said Petition are made subject to the penalties of 1 S Pa. C.S. §4904, relating to unsworn falsification to authorities. i ~~ Wayne ogue, dministrator of the Estate of William Ra~adenbush, Deceased Date: ~ ~ z ~' `~ -6- EXHIBIT "A" ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY, P.C. BY: DAVID JACOBY, ESQUIltE & GREGORY S. SPIZER, ESQUIRE 402 Park Boulevard Cherry Hill, NJ 08002 (856) 427-9229 Attorneys for Plaintiffs WAYNE LOGUE, Executor of the Estate of : SUPERIOR COURT OF NEW JERSEY WILLIAM RAUDENBUSH, Deceased and LAW DIVISION WAYNE LOGUE, in his own right ATLANTIC COUNTY PLAINTIFF(S) v CIVIL ACTION No:. ATL-L-0068-OS MERCK & CO., INC., Defendant VIOXX LITIGATION . SUMMONS The State of New Jersey, to the Above Named Defendant(s): YOUARE HEREBY SUMONED in a Civil Action in the Superior Court of New Jersey, instituted by the above named plaintiff(s), and required to serve upon the attorney(s) for the plaintiff(s), whose name and office address appears above, an answer to the annexed complaint within 35 days after the service of the summons and complaint upon you, exclusive of the day of service. If you fail to answer, judgment by default may be rendered against you for the relief demanded in the complaint. You shall promptly file your answer and proof of service thereof in duplicate with the Superior Court of New Jersey, Law Division, Atlantic County, New Jersey, in accordance with the rules of civil practice and procedure. If you cannot afford to pay an attorney, call a Legal Services Office. An individual not eligible for free legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. These numbers may be listed in the yellow pages of your phone book. The phone numbers for the county in which this action is pending are: Lawyer Referral Service, (609)345-3444 and the Legal Services Office: (856)964-2010. Dated: January 2S, 2005 ~O?lQ~~'. ~~lQ1l Clerk of the Superior Court Name of defendant to be served: Merck & Co., Inc. One Merck Drive White House Station, New Jersey 08;889 *For direct. filing, add address for County Clerk and strike "in duplicate. " For Trenton filing add CN-971, Trenton, NJ 08625 W U F 0 z F z w z u m a u r W w ~' ~ M 5 ~ O o rn a q o ~ a~~z o ~ 2 zHFx z DSUF x °uu°~v wa U a U U W p F°wF Fx W~,az3 as FpN~. OO "t W HQ UU U H 0 U x U a w W a F w ~ww G O a N 3 ~D 0 oXo ~Wo z~~a 7 ~ a [~E~7 W DC Qaq U O A w H w a W W w W u O x H W x E N ro A F W fp za a "' xx fq H 00 Aw W U ~> W ~w E wx° w ~a a aq o m QO Q o W 111 S V~ lA E WFH H a W aww E W F OU a~W H w x ~~x az~ Q~Q ~w h A w W H x a 0 w a 0 O x W W y y W c~ z w F a~ w F U F O U v~ 0 H w 5 a ~~ O aN x~ 7~ ~~ rn wo M ~O F Q W V A a .a c~ u zu H R(' ~H `~av~ aaH woaaF FEW Cp W ~oxW Oiz-+O ~Ha wma QW~ aHo ao~ ate`` H q H [qoF •• H f+7 z U H O O !WQ E E+ H H w W~aO F FaiU ~ ~ua am m ao~ W O H C V ~Qiziv'. CLH~~ H W W a H F U w w a U o w o wx moo z w z H N ~~~ x xx~n a UC7 V'H av,zox c°na~"'~ FQarFiW FZo~x a~ ~rnu ~`1 w a h ~,,,a~pe, CIVIL CASE INFORMATION STATEMENT PAYMENT TYPE : CK ~ o00 ~ (CIS CHG/CKNO. H OQ^ 8 ',~8 -sa~~+` Use for initial Law Division -Civil Part pleadings (not AMOUNT D~ motions) under Rule 4:5-1. _ Pleading will be rejected for filing, under Rule 1:5-6(c), OVERPAYMENT: if information above the black bar is not completed or if attorney's signature is not affixed. BATCHNUMBER: ATTORNEY / PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE David Jacoby, Esq. & Gregory S. Spizer, Es q' (856 )482-1600 Atlantic County FIRM NAME (If apprycade) Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. KETNUMIBER(V~hnenn(availa6le) OFFICE ADDRESS ~/ "~ ~Y U _ ~ M~ 1040 Kings Highway North, Suite 304 DOCUMENT TYPE Cherry Hill, NJ 08034 Complaint JURY DEMAND ® YES ~ NO NAME OF PARTY (e.g. John Doe, PlainGl7) CAPTION Wayne Logue, Executor of the Estate of Raudenbush v. Merck & Co., Inc. William E. Raudenbush, Deceased and Wayne Logue, In His Own Right CASE TYPE NUMBER (See 2verse side IS THIS A PROFESSIONAL MALPRACTICE CASE? ^YES ®NO talisting) 619 IFYOUHAVECHECKED"YES,"SEEN.J.SA.2A534-27ANDAPPLICABLECASELAIN REGARDING YOUR OBLIGATION TO FILEANAFFIDAVITOF MERIT. RELATED CASES IF YES, LIST DOCKET PENDING? ^ YES 0 ~ NUMBERS DOYW ANTICIPATEADDINGANY NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY, IF KNOWN PARTIES (arisvg out of same transacfimoroccurrence)? ^YES NO ^ NONE ®UNKNOWN CG Oq CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION A. DO PARTIESHAVEACURRENT, IF YES, IS THAT PAST OR RECURRENT RELATIONSHIP ^EMPLOYER-EMPLOYEE ^FRIEND/NEIGHBOI~ ~OTHER(explain} RELATIIXJSNI% ^YES NO ^ FAMILIAL ^ BUSINESS B f)[)FC TNC CT C4SF PRO~.~CE FOR P~Y,vF •~ •V ~nia U.NT OF FF~g Rv USE THIS SPACE 70ALERT THE COURT TOANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDI VIDUAL MANAGE,'dENi OR ACCELERATED DISPOSITION: t DO YOU OR YOUR CLIENT NEED ANY DISABILITYACCOMMORATIONS? WILL AN INTERPRETER BE NEEDED? ATTORNEY SIGNATURE RavlsW Ju1y2001 RECEIVED and ^ YES IF YES, PLEASE IDENTIFY THE NO REQUESTEDACCOMMODATION~ -~___~ ^ YES ®NO IF YES, FOR WFWT LANGUAGE: ~` o00 °°-~r CIVIL CASE INFORMATION STATEMENT ~ o00 ~'O+s ~s4°°~ ~C ~S) Use for initial pleadings (not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type in a Track 1 - 15o days' discovery PPropriate =space on the reverse side.) 151 NAME CHANGE 175 FORFEITURE 302 TENANCY 399 REAL PROPERTY 502 BOOK ACCOUNT 503 COMMERCIAL TRANSACTION ~ OTHER INSURANCE CLAIM (INCLUDING DECLARATORYJUDGMENTACTIONS) •`~ PIP COVERAGE 510 UM or UIM CLAIM 511 ACTION ON NEGOTIABLE INSTRUMENT 599 CONTRACT 801 SUMMARYACTION Track II -- 300 days' discovery ~ CoNSTRUCrION 509 EMPLOYMENT (otherthan CEPAor LAD) 602 ASSAULTAND BATTERY ~ AUTO NEGLIGENCE-PERSONALINJURY ~ PERSONAL INJURY 610 AUTO NEGLIGENCE-PROPERTY DAMAGE 699 TORT-OTHER Track III - 450 days' discovery 005 CIVIL RIGHTS 301 CONDEMNATION ~ MEDICAL MALPRACTICE ~ PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE ~ TOXICTORT ~ DEFAMATION 616 WHISTLEBLOWER/CONSCIENTIOUS EMPLOYEE PROTECTIONACT(CEPA)(;gSES 617 INVERSE CONDEMNATION 618 LAWAGAINSTDISCRIMINATION(LAD)CASES Track IV -- Active Case Management by Individual Judge 1450 days' discovery fix' GIV1i1kV1ViviENitiLI.UVEkAGtLIII~AlllilV 234 FRT PLYWOOD LITIGATION 245 ACTIONS UNDER FEDERALY2KACT ~ MT. LAUREL 508 COMPLEX COMMERCIAL 613 REPETITIVE STRESS SYNDROME 701 ACTIONS IN LIEU OF PREROGATIVE WRIT Mass Tort (Track 11~ 240 DIET DRUG 241 TOBACCO 243 L4TEX 246 REZULIN 601 ASBESTOS 611 BREAST IMPLANT CASES 612 BLOOD-CLOTTING SERUM ~ OTHER (Briefly describe nature of action) ffyou believe this case re wires a ----- in the space under "Case Characteristics." 4 track other than that provided above, please indicate the reason on Side 1, ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY, P,C, RECEIVED and BY: SOL H. WEISS, ESQUIRE FILED DAVID JACOBY, ESQUIRE GREGORY S. SPIZER, ESQUIRE CEC 2'7 2004 1040 Kings Highway North Suite 304 ATLANTIC COUNTY Cherry Hill, NJ 08034 L,AW DIVISION (856) 4821600; Fax (856) 4821911 Attorneys for Plaintiffs IN THE SUPERIOR COURT OF NEW JERSIF;Y LAW DIVISION, ATLANTIC COUNTY WAYNE LOGUE, Executor of the Estate of WILLIAM E. 1~ ~~' ~ ~ ~ ~/ RAUDENBUSH, Deceased and WAYNE LOGUE, In His Own Ri ht • Case Code Number: 619 Plainti ~ • ff(s) vs. ABBREVIATED SHORT FORM MERCK & CO., INC., • COMPLAINT FOR • VIOXX LITIGATION Defendant JURY TRIAL DEMANDED ADOPTION BY REFERENCE 1 ~ Plaintiff for his/her claim against the Defendant stakes and alleges as follows and incorporates by reference the relevant portions of the Master Complaint on fle entitled: In Re: Vioxx Liti ation Case Code Number 619, now pending in the Superior Court of New Jersey, Law Division, Atlantic County before the Honorable Carol E. Higbee, J.S.C. Plaintiff selects and indicates by checking off the appropriate boxes, those claims that are specific to his or her case. Where claims require, pursuant to New Jersey law, specific pleading or case specific facts and individual information, plaintiff shall add and include them herein. 2. Plaintiff, Wa i~ Loguue (hereinafter referred to as "Plaintiff), is the duly appointed Executor of the Estate of William E. Raudenbush (hereinafter referred to as "Decedent"). Decedent was an individual who resided at 1302 Kin~sley Road Camp Hill, in the State of Penns lvania. 2A. On or about January 4, 2003 (date), Plaintiff's Decedent suffered the following injury(ies) as a result of ingesting Vioxx: Death 2B. Plaintiff brings this action: X on behalf of himself or herself. X as the representative of William E. Raudenbush. as the parent and natural guardian ad litem of a minor born on X as Executor of the Estate of Plaintiff William E. Raudenbush (hereinafter "Decedent", see Letters of Administration annexed hereto as Exhibit A), who died on January 4 2003. 2C. Plaintiff claims damages as a result of: _.__ _ _ . . .. _ 1 _., X Wrongful Death X Survival Action X Loss of Consortium (per quod) X Loss of Services X Economic Loss Plaintiff asserts the following additional theories of recovery against Merck & Co., Inc.: * If you include additional claims against entity(ies) other than Merck & Co., Inc., the facts supporting this count must be specifically pled by the plaintiff and the defendants against who they are alleged must be identified on a separate sheet of paper attached to the Complaint. * If you have included any additional theories of recovery, to the extent they require specificity in pleadings, the specific facts and allegations supporting these theories must be pleaded by the plaintiff in a manner complying with the requirements of the New Jersey Rules of Court. DEMAND FOR JURY TRIAL Demand is hereby made for a trial by jury. ~~ /~, DAVID JACOBY, ESQUIRE GREGORY S. SP:fZER, ESQUIRE Dated: e2 3 ~~/~,~ 100 ~ CERTIFICATION PURSUANT TO RULE 4:5-1 Plaintiff upon information and belief is not aware of any pending or contemplated action. Further, upon information and belief, she/he is not aware of any other party who should be joined in this action. ;~~ SOL H. EISS, ESQUIRE DAVID JACOB•Y, ESQUIRE GREGORY S. SPIZER, ESQUIRE Dated: a 3 ~u~ ac~~f DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, Sol H. Weiss, Esquire, David Jacoby,l=;squire, and Gregory S. Spizer, Esquire, are hereby designated as trial counsel in this mattet•. .~~~ ~ ~i' SOL H. WEISS, ESQUIRE DAVID JACOBY, ESQUIRE GREGORY S. SF'IZER, ESQUIRE Dated: _ ~ 3 O~~ ~v~ CERTIFICATION OF NOTICE piirci)an4 to ~T T C /~ S(,•Q 7(1 }~~?in'iff ;c m.,;1:.,n •. ,-(,.._.. Jury Demand to the Office of Attorney General, Cn-006, Trenton, New Jersey, within (10) days of the filing of this Complaint and Jury Demand. ~` SOL H. EISS, ESQUIRE DAVID JACOBY, ESQUIRE GREGORY S. SPIZER, ESQUIIZE Dated: _~~ D~ti,~ ~vu ~ EXHIBIT "B" HIU5.905MS REV.(DIl03) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. Military Status H105.7M Mv. tAf WARNING: It is illegal to duplicate this copy by photostat or photograph. 0333054 No. C ~~ Charles Hardester State Registrar MAR. 1 1 2003 Date COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL REI~RDS CERTIFICATE OF DEATH 00.2557 ,YPEJVRNT ., RERMANENT BIAgC WK h G Dl .~ .-d .a 3 NAME OF DE(~DENT IFes, M,7ds, Laa) SEK 80CLLLSECUMY NUABER ~ DATE OF OFAN (MaaN: DeY. Peer) +• William E. Raudenbul3h, Jr. ,, male ,. 211 - 26 - 7400 ..Janus 4 2003. Y`Y , MEDAq B.egeyj UNDER tYEAp UNDERtOM DATE OF BIiiTll BIRTYIPI.ACE (I',9y ens PLACE OF DE~PN (C, xoNy Dais-aN Vgouceoramgfret We) MonIM De,e Noun MMU,a (MOn,t, 17aY. Yeul Bursar Faapn Caney) ,gSPffAL: OTNFA: August 2 68 v° Tower City PA 1934 ~ ^ ~^ ou,.r o•`r" ^ ERK1eW14nl ® °°" ^ 1B " •vY ^ , ,, s, e. w P l ' COUNTY aF DE.,rN CT;BORO,7wP aF DEAN T'M.ILRY NAME mrwkReueon, We,trer erw rx,n0er) Y,n4DECEDFM Of MISPANK:ORKiINT RACE•Anrr'ran lndien, B4ek, WNee. Ne. No ~f Yre ^ n,w, elraly raa (<upeN,T hin Harrisburg Harrisburg Hospital Dau p M.eiae;PUNnRken.e,o white ' M. b. b. e . la. DECEDENf'SU8'JAL.000W.AtON KINDOF BUBINESBIINDUSTRY YMS DECEDENT EYER IN DECEDENT'S EDIICAiKYN MARRAL SQTUS-MerrwO SUHVNaK3 SPOUSE IcN.aad nark Dane Owin ma,t U.S. MIRED FORCEST Nww MenMd. wNOwe. Itt wne qw rneia.n rerte) , w..r..,,..:mn.~,.rdee) a' N1e~ "a^ E D"`t~) `a"nP" ~i0YY~ c ~ ederal Government as ;ro 7 o a .) . Su ervisor , ~ Married ~ Joan Huth OECEDENr'S MMUNO ADDRESS (slreat CAy/6rn.5ma, Zip Coael DECEDENT•s Penns lvania ACTUAL ,T..sIeM y IMa ,,.,~vawwwnrrala Lower Allen 1302 Kingsley Road R ~ ~" ~"P ,e, Cam Hill, PA 17011 ' , "'op°f0e) ,,, Cumberland °p1"'MpT ,Ta.^wN'N'le'~"M"na cAYrEOr FATIIER 8 NAME (Fi,t. MuGle. W) MOTNER'8 NAME (FirK. MMae, Meiosn Burnett.) ,,, William E. Raudenbush, Sr. ,_ A nes Stutzman MFORMAMT'S NAME MPMP^rU INFORMANT'S MAAIND ADDRE38 (Saeel. CIy/bwt, SUr, 21p Coact) Debra J. Lo ue 4716 B Charles }toad, Mechanicsburg, PA 17050 METIgDOF DIBPOBRgN DarW ® la.aakn^ hnW,lhallSleM^ DATE OF gSPOSfTKNI PLACE DISP081TpN-Name of Gertrer,; (Te,nMOty a LOCQK)N•Ce,Jt .n. Bau.~Zp Cone ^ ~ • January 8, 2003 + G3te of Aeaven Cemetery U per Allen Twp. , PA 17055 :, Sq OF RYICE EDR PERBDN ACTING AB SUCH LK:ENSE NVMBER NAME ANp ADDRESS aF FAC'A1TY Parthemore Fl'1 ~ CS,. Inc. ' a.. 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CEIYTIFIOIIOiedroNyarf - 'CERTIFYINBPNYSICIAN IPNY+o+n wrelyegfausdtlwlN Wan er.oew MYekien Nee lvarureeo Dean sntl mmpleNOlbrm YJ) SIDNATURE AND TfftE OF Ahoy elerybrnleeBe, aeeM aee,rtea anerheMrye)eM nten+wr•trr........... ........... ^ ............................... 0. •PROIIOIUIICatl AND CERTfYMO PNYNdANIPliyscLn twtlt pnxpac4p aeeaterk natoceura wry ~ LICENSE NUMBER 91B De%'ber) Ahlll,rreq eets,Arae, eerleeeunee e,haar. wl•,•d pWr,eM Armtl ie e.w.).,...r.r,...~,.e .......................... ^ ,.. ,a. Janus 6 2003 NAME AND ADDRESS of PERSON YNIO COMPI.ETFD CAUSE OF DE,fN •er,,,r•e, EXAYWEAIOORONER -. • oaurr.wr.A.N.ltrl+ea.tw>Selo.,e,,.laa„apRwR.wr„aaa,,,.,r,n.,aa..,w.,,,oa.a.,.,,dd,,.aR,.~•),,,e mam 27)T rP,M Gr n S. Hetrick, Coroner aw,e,rtlfMed ....:.......... ............... „. ................................................. ......... ,.1271 S. 28th St. , Harrisburg, PA 17111 REGIBTRAR'SSgNRURE AND NUMBER ~ ~ ._ / I DATE FlIFDIMa ,,Iw) ,~ J._ J ~.. t ~ 2003 // U EXHIBIT "C" STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I, SHORT CERTIFICATE GLENDA EARNER STRASBAUGH Register for the Probate of wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 8th day of December, T'wo Thousand and Four, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of W/LL/AM E RAUDENBUSH late of LOWER ALLEN TOWNSH/P (First, Midd/e, Lastl a/k/a WILLIAM E RAUDENBUSH JR in said county, (First, Middle, Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 8th day of December Two Thousand and Four. File No. PA File No. Date of Death S.S. # deceased, to WAYNE LOGUE 2004- 01120 21- 04- 1120 1 /04/2003 211-26-7400 ~~ NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL EXHIBIT "D" DEC-30-2008 12:28P~I FROM-5f~11GEL ANDERSON SACKS 7172343611 T-273 P.002/005 F-831 ' ~r8~~~ I, 1fZLLZ711i 1i. R!-VDE~i,B'QBH, of the Borough of Cam Hill, Calrnberlaad County, pQnnsylvania, declare this o be my Last dill, hereby revoking all prior Wills ~ar:d Codicilsd FIRST: Z d~.raet that the expenses of my last ' illness and funeral be paid out of mY estate as soon after my death as is convenient and expeditio:xs in judgment of my Executor, hereinafter named. SECOND: Y give, devise and bequeath my entire estate to my beloved wife, Joan L. Raudenbush,~days. provided she survive me by a period of thirty THIRD: Should my wife, Jaan L. Raudenbush, predecease me or die on or before the thirtieth day fallowing my death, then and in that event, I give, devise and bequeath my entire estate as follows: 1 .j a. pnt??-seventh (1/7) to my daughter, Debra J. ~i; rogue . b. One-seventh (1/7) t4 my' son.-in-law, Wayne Logue, an condition he is married; with no divorce pending, to my daughter Debra J. L~e• G. One-seventh (1/7) to my graz~ddaughter, Nicolette Logue. ~. e. one-seventh (1/7) to my granddaughter, Jvni Lague. ~! ,~ i' y i~ ,, oY* cr~ai f i ,may at Law µork~r sr. ~ j . p~p~r l59 i i ,non, VA 17020 ; I 1'; ~~~ ~, I: ,, f. One-seventh (1/7) to my daughter, Dnrlene Eisenhuth. q. One-seventh (1/7) to my son-in-law, Shane Eisenhu~th, on condition hDarlenerEisenhuthh no divo ce pendingl, to my daughter, h, One-seventh {1/7) to my granddaughter, pictaria Dewalt. FOURTH: All estate, inheritance anenalties pay le taxes, together with any interest and p with respect to property ar interests therein subje t to taxatior- by reason of my death and whether passing nder DEC-30-2008 12:28P~1 FROM-51~IGEL ANDER50N SACKS my wiLll jointly I~ be paid without 7172343611 T-273 P.003/005 F-831 or any codicil thereto, or vther'wisE, in sh$11g held and other non-testamentary property out of thg principal ref my residuary' est to apportionment- li FIFTH: I hereby nominate, constitute and a'f son-in-law, Wayne Logue. Executor of this 'my Last should my son-in-law, Wayne Logue, be unable to ~ for any reason whatsoever, then and in 'that evDel ' nominate, constitute and appoint my daughteXr 'L,ogtxe, Executrix of this my Last W111. I; forth ,, xred to post ariY bond II that they shall not be requ~ Commonwealthaof Pennsylvanianor in anyiotYierles ;; jurisdiction. ,~ IN WITNES^s WIiEREOF, 1 have hereunto set Itly t- seal to tha.s my L8~5t Will, which Consists of two sheets of paper. dated this r9~"day of Fe',bruary, point my Will. D S4:rve ~ I ra J. r direct to ri the nd and (2) 1999. (SEAL) ~': --'11i5.liam $. Rnuaeanusu ., is ,~ ~~ 1~ ,, }~ The writing contained on this and the vne ~` page was signed and sealed by llillliam 8.. A,suda i by him published and declared as him Last Will, `~ presence of us, who have hinehisopresenc~e,eand ~ witnesses at his request, j) presence of each oche i I ~4 _ i a, scarrr cruae+ Anan+.y of Law 5 5. Mr-rkat SG p, o. Draw- 179 p,y~pyA,n~, PA 17CQA eceding unh and n the names as ,the DEC-30-2008 12:29PM FROM-S~IIGEL ANDERSON SACKS CO?'IIrtONWT~LTH OF PENN5YLVANIA~ SS COUNTY OF PERRY ~ 7172343611 T-273 P 004/005 F-831 Y, tlillia~a S. A,pudaabush, testator, whose nhav ns been signed to the attached or foregoido her ~arknowle ge that duly qualified according to laV• Last Wil that I I signed and executed the inetxument as mY fre sand signed it ~,t5.3.1ingly: and that I signed it as my voluntary act for tl~e purposes therein expressed. SWORN or of f 3-xxned to and ac}cx~owledged before me by, 1~illia~ $. R~ fdF~'u~sa~ytel999~r~ this/4 day No ~ aRU-t 5E-,~ Run+ e«-rroR Gurmcur~, ~ry ~` I Llunronnoti ~. Parry ~'OLM~Y' PA N{y Connnbi~.+ti 6~pi-r ~1- 18, spill R, SCOTT pUW-FA JlMemry of ta+ ~ S AAMut ST. P. 4. DrawN 1 S9 punoorvw+, PA 1704A DEC-30-2009 12:29P1A FROIA-5M11GEL ANDERSON SACKS COMbiONWLALTH OF PENNSYLVANZAj35 CpUNTY OF FERRY' ~ 7172343611 T-273 P.005/005 F-831 We ~ S ~~ (1 the n., (tZ'1rn `~ ~( and i witnesses whose names are grgned to the attar ed r instrument, being duly qualified ac:cordin to ].aw, foregoimq that we were present and saw tea tox sign do depa+~e and bay that M lliam 8. and execute the instrument aand~thatshe executed it as his gaudeabuiel>- 9iCJlted willingly ones therein exp eased: gxee and voluntary aot far the pure that each of us in the hearing and sight of the tes ator signed •the will. A.s witnesses ~ and that to the best arsuaf k.nowled~ge the testator was at the time 18 or more y age, of sound mind ar~d under no constraint or undue inf luen~ce - / l . SWbIt1J or of f ir~ce to and subscribed . to before ti-e by witnesses. and ~ 1999 . this ~-•l~daY of Fe ru2~1`Y'. ~~~~ Attamer or Lour g g, Mm1ut Ss. v. Q Dtaw 1 SV pu„Q,~,,,or,, vA 17020 ""'~-wosaut~t s~ aur11 E~or~ ouraau~, ~h ~,atK ovr,w~„a+ ate, ~.~r c~r.~~ i~ EXHIBIT "E" ~ RELEASE OF ALL CLAIMS I CLAIMANT First Middle Last Name William E. Raude:nbush {deceased) Street Address 1302 Kingsley Rd. City State ZiP Camp Hill Pennsylvania 17011 1 / 9 / 2008 Social Security Number 211-26-7400 Date (month) (day) (year) DERIVATIVE CLAIMANTS (If none, check here: ^) Name First Middle Wayne Last Logue Street Address 120 Lee Dr. City Marysville State Penns lvania ZiP 17053 1 / 9 / 2008 Social Security Number 189-44-0882 Date (month} (day) (year) CLAIMANT'S COUNSEL Law Firm Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C 111111 IIII IIII IIII IIIII 111111111 IIII 111111 IIIII ICI III 1111 Ills Illl III Raudenbush (deceased), William E. 1063314 2]5537 RELEASE OF ALL CLAIMS I, the undersigned Releasor, am a plaintiff or tolling agreement claimant in the Merck & Co., Inc., a New Jersey corporation ("Merck"), Products Liability Litigation. 1 have enrolled to participate in the program (the "Pro am") set forth in the Settlement Agreement (the "`Agreement") dated as of November 9, 2007. I understand that the terms of the Agreement govern the resolution of my claim. I further understand that, in order to submit my claim into the Program under the Agreement, I am required to submit a release of any and all claims I and the other Releasing Parties (as defined under "Releases" below} have, or may have in the future, against the Released Parties (as defined under "Releases" below) concerning and/or connected with VIOXX (sometimes referred to as "Vioxx" or "rofecoxib") ("VIOXX") and/or with any injury I {and/or any other Releasing Party} have ever claimed, or may at any time in the future claim, VIOXX caused in whole or in pay . Accordingly, in consideration for Merck's agreement to establish the Program., the significant expenses being incurred by Merck in connection with the Program, Merck's waiver of defenses (except as reflected in the Program criteria themselves) solely in the context of the application of the Program, and the opportunity to submit my claim into the Program, I hereby give and make the following releases, waivers, acknowledgements and agreements for the benefit of the Released Parties (this "Release"). This Release is also entered into by any Derivative Claimant (as defined under "Releases" below) who executes a signature page hereto, in which case the agreement of such Derivative Claimant set forth on its signature page is incorporated in, and is part of, this Release. By signing this Release, both I and any such Derivative Claimant understand and acknowledge that there is no assurance as to the amount, if any, of payment to be made to any claimant under the Program, and this fact shall in no way affect the validity or effect of this Release. 1. Releases. (a) On my own behalf and on behalf of each other Releasing Party, I hereby knowingly and voluntarily release, remise, acquit and forever discharge the Released Parties from (i) any and all rights, remedies, actions, claims, demands, causes of action, suits at law or in equity, verdicts, suits of judgments and/or Liens (as defined under "Liens and Other Third-Party Pavor Claims" below), of any kind whatsoever ("Claims"}, which I or any other Releasing Party may have ever had, may now have or at any time hereafter may have against any Released Farty and (ii} any and all debts, liabilities, obligations, covenants, promises, contracts, agreements and/or obligations, of any kind whatsoever ("Liabilities"), which any Released Party may have ever had, may now have or at any time hereafter may have to me or any other Releasing Party, in the case of clause (i) and clause (ii), to any extent, or in any way, arising out of, relating to, resulting from and/or connected with VIOXX and/or with any injury I {and/or any other Releasing Party) have ever claimed, or may at any time hereafter claim, VIOXX caused in whole or in part. These Claims and Liabilities are the "Released Claims and Liabilities". (b) The term "Released Parties" means all the parties, past, present and/or feature, in any way and/or at any time connected with VIOXX and/or with any injury I (or any other Releasing Party) have ever claimed, or hereafter claim, VIOXX caused in whole or in part, including, but not limited to, Merck, all named defendants in any pending action concerning VIOXX and/or an;y such injury to Illul IIIII IIIII IIIII IIIII 9111 IIIII III 111111 Illll 11111 illl 91111 IIIII IIII III Raudenbush (deceased), William 6. 1063314 215537 which I am (and/or any other Releasing Party is) a party, and all those who may have acted in concert with Merck, together with their respective insurers. These parties, past, present and/or future, in any way and/or at any time connected with VIOXX and/or with any injury T (or any other Releasing Party) have ever claimed, or hereafter claim, VIOXX caused in whole or in part, also include, but are not limited to, manufacturers; suppliers of materials; distributors; other persons involved in development, design, manufacture, formulation, testing, distribution, marketing, labeling, regulatory ,submissions, advertising and/or sale of any product; physicians, pharmacists and other healthcare providers; sales representatives; pharmacies, hospitals and other medical facilities; advertisers; manufacturers of other products that I used before, while or after taking VIOXX; the respective past, present, and/or future parents, subsidiaries, divisions, affiliates, joint venturers, predecessors, successors, assigns, and transferees of the parties referred to in this paragraph; and the respective past, present and/or future shareholders (or the equivalent thereto), directors (or the equivalent thereto), officers (or the equivalent thereto), managers, principals, employees, consultants, advisors, attorneys, agents, servants, representatives, heirs, trustees, executors, estate administrators and personal representatives (or the equivalent thereto) of the parties referred to in this paragraph. (c} The term "Releasing Parties" means (i} myself and (ii) any and all person<.; who have or assert the right to sue Merck or any other Released Party, independently, derivatively or otherwise, by reason of their personal relationship with me, and/or otherwise by, through or under, or otherwise in relation to, me ("Derivative Claimants"}. Derivative Claimants include, but are not limited to, my heirs, beneficiaries, surviving spouse {including, but not limited to, a putative or common law spouse), surviving domestic partner and/or next of kin, if.any. (d) I acknowledge that I (and/or any other Releasing Party) may in the future learn of additional and/or different facts as they relate to VIOXX, the Released Parties' acrivities as they relate to VIOXX, and/or any injury I (and/or any other Releasing Party) have ever claimed, ar may at any time in the future claim, VIOXX caused in whole or in part. I understand and acknowlledge the significance and consequences of releasing all of the Released Claims and Liabilities and hereby (on my own behalf and on behalf of each other Releasing Party) assume full risk and responsibility for any and all such additional and/or different facts and any and all Released Claims and Liabilities that I (and/or any other Releasing Party) may hereinafter incur or discover. To the extent that any law, statute, ordinance, rule, regulation, case or other legal provision or authority (each, a"Law") may at any time purport to preserve my and/or any other Releasing Party's right to hereinafter assert any such unknown and/or unanticipated Claims and/or Liabilities, I hereby (on my own behalf and on behalf of each other Releasing Party} specif cally and expressly waive (to the fullest extent permitted by applicable I,aw) each Releasing Party's rights under such Law. I further acknowledge having had an opportunity to obtain advice of counsel of my choosing regarding this waiver, and having discussed it with such counsel to my satisfaction. (e) On my own behalf and on behalf of each other Releasing Party, I acknowledge and agree that the releases set forth in this Release are irrevocable and unconditional, inure to the: benefit of each Released P~u-ty, and are intended to be as broad as can possibly be created. ~IIII I~If IIII Illll Illl IIII Ilpl IIN 111111 IIII INII Ila INIII IIII III UII Raudenbush (deceased), William E. 1063314 215537 (f) WITHOUT LIMITATION OF THE FOREGOING, THIS RELEASE IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN TF IT IS ALLEGED, CHARGED OR PROVED THAT SOME OR ALL OF THE RELEASED CLAIMS AND LIABILITIES ARE CAUSED TN WHOLE OR IN PART BY THE NEGLIGENCE, NEGLIGENCE PER SE, GROSS NEGLIGENCE, BREACH OF WARRANTY, VIOLATION OF LAW, DEFECTIVE PRODUCT, MALICE, ANDIOR CONDUCT OF ANY TYPE BY MERCK, ANY OF THE OTHER RELEASED PARTIES, ANY RELEASING PARTY AND/OR A.NY OTHER PERSON. THIS RELEASE TS SPECIFICALLY INTENDED TO AND DOES INCLUDE, BUT IS NOT LIMITED TO, A RELEASE OF, AND COVENANT NOT TO SUE FOR, ANY WRONGFUL DEATH CLAIM THAT MAY BE BROUGHT AT ANY TIME BY OR ON BEHALF OF ANY OF THE RELEASING PARTIES IN CONNECTION WITH ANY OF THE FACTS, EVENTS AND/OR INCTDENTS'THAT GAVE RISE TO ANY OF THE RELEASED CLAIMS AND LIABILITIES. 2. Attorneys' Fees• Division of Any Settlement Payment. I understand that the Released Parties are not responsible for any attorneys' fees or costs I have incurred or may at an:y time incur, including, but not limited to, entering into this Release and any other documents. I understand that, with respect. to any payment that may be made to me under the Program (a "Settlemenit Payment"), any division of such Settlement Payment between me, any Derivative Claimant executing this Release and our respective counsel (if any} executing a Certification of Counsel attached to this Release shall be determined by me and such other person(s), and such division, or any dispute in relation to such division, shall in no way affect the validity of this Release. 3. Pursuit of Certain Claims. I agree that I will never (i} take any legal or other action to initiate, pursue or maintain, or otherwise attempt to execute upon, collect or otherwise enforce, any of the Released Claims and Liabilities of or against any Released Parry, (ii) institute or p~uticipate in any new legal action against any Released Party to any extent, or in any way, arising out o',F, relating to, resulting from and/or connected with VIOXX and/or with any injury I (and/or any other Releasing Party) have ever claimed, or may at any time hereafter claim, VIOXX caused in whole: or in part or {iii) attempt to execute or collect on, or otherwise enforce, any judgment that may be entered against any Released Party in any legal action described in clause (ii} or my pending legal action against Merck. 4. Liens and Other Third-Party Pavor Claims. (a) I agree that prior to the first time, if any, that a Settlement Payment is made to me, I shall identify to Merck and to the Lien Resolution Administrator for the Program all goverrunental authorities that are Third Party Providers/Payors (as defined below) known to me to hold or assert any lien, pledge, charge, security interest, assignment, encumbrance, subrogation right, third-party interest or other adverse claim of any nature whatsoever ("Lien") pursuant to any applicable statute with respect to any Settlement Payment (and/or the right to receive such Settlement Payme:nt), through procedures and protocols to be established by the Lien Resolution Administrator, subject to approval by the Claims Administrator for the Program. Illlli IIIII IIII IIIII Illl IIII lldl III 111111 IIII IIII IIII III~i Illll III IIII Raudenbush (deceased), William E. 1063314 215537 (b) A "Third Party Provider/Pa +}_,or" is any provider or payor (public or private;! of (i) health, hospital, medical, physician, healthcare and/or pharmaceutical services, products or expenses and/or (ii) any other form of compensation, including, but not limited to, federal and state governmental authorities (or other persons) providing Medicare and/or Medicaid services or benefits. (c) I understand and acknowledge that satisfaction and discharge of any and al l Liens with respect to any Settlement Payment (and/or the right to receive any Settlement Payment) is the sole responsibility of me, any Derivative Claimant executing this Release and our respectivf; counsel (if any) executing a Certification of Counsel attached to this Release and must, in relation to all governmental authorities that are Third Party Providers/Payors who hold or assert any Liens pursuant to any applicable statute, be established to the satisfaction of the Claims Administrator and Merck before any Settlement Payment {if any) can be disbursed to me. (d) Prior to the first time, if any, that a Settlement Payment is made to me,1 shall, jointly and severally with any Derivative Claimant executing this Release (and with our respective counsel (if any} executing a Certification of Counsel attached to this Release), represent and warramt that any and all Liens with respect to any and all Settlement Payments (and/or the right to receive any and all Settlement Payments) have been satisfied and discharged. Furthermore, upon request to the Lien Resolution Administrator, Merck shall be entitled to proof of satisfaction and discharge of any or all such Liens pursuant to any applicable statute in relation to all governmental authorities that are Third Party Providers/Payors. (e) in addition to and without limitation of the foregoing, I hereby agree, jointly and severally with any Derivative Claimant executing this Release (and with our respective counsel (if any) executing a Certification of Counsel attached to this Re[ease), to indemnify and hold harmless the Merck Released Parties (as defined below) from and against {i) any and all Claims made or asserted at any time against any Merck Released Party by (x) any Third Party Provider/Payor in relation to, (y} any person at any time holding or asserting any Lien in relation to and/or (z) any other person at any time claiming by, through or under, me or any Derivative Claimant executing this Relc;ase, with respect to any funding payment by or for the account of Merck under the Program and/or any Settlement Payment (and/or the right to receive any such Settlement Payment) and (ii) any and all damages, losses, costs, expenses (including, but not limited to, legal fees and expenses.) and/or Liabilities incurred or suffered by, or imposed on, any Merck Released Party in connection with, arising out of or resulting from any Claim described in clause (i) of this sentence (including, but not limited to, any amount paid or to be paid in satisfaction of any such Claim). (f) The term "Merck Released Parties" means {i) Merck and (ii) all other Reiease:d Parties, past, present and/or future, in any way and/or any time related to Merck, including, but not limited to, Merck's past, present and/or future parents, subsidiaries, divisions, affiliates and joint venturers; the respective past, present and/or future predecessors, successors, assigns and transferees of the parties referred to in this paragraph; and the respective past, present and/or future insurers, shareholders (or the equivalent thereto), directors (or the equivalent thereto}, officers (or the equivalent: thereto), managers, principals, employees, consultants, advisors, attorneys, agents, servants, representatives, heirs, trustees, executors, estate administrators and personal representatives (or the equivalent thereto) of the parties referred to in this paragraph. IIII IIIII IIIII IIII IIII IIII III III IIIII IIII Illll till 111111 IIIII III III Raudcnbush (deceased), William E. 1063314 215537 5. Indemnification for Released Claims and Liabilities. (a) I hereby agree, jointly and severally with any Derivative Claimant executing this Release, to indemnify and hold harmless each Released Party from and against {i) any and all Claims that may be asserted, made or maintained at any time against any Released Party by, on behalf of or for the benef t of, or otherwise through or under, any Releasing Party with respect to any of the Released Claims and Liabilities and (ii) any and all damages, losses, costs, expenses (including, but not limited to, legal fees and expenses) and/or Liabilities incurred or suffered by, or imposed on, a.ny Released Party in connection with, arising out of or resulting from any Claim described in clause {i) of this sentence (including, but not limited to, any amount paid or to be paid in satisfaction of any such Claim) and/or, without limitation of the foregoing, any breach by me (or any Derivative Claimant executing this Release) of any of the terms of this Release. (b} Without limitation of the foregoing paragraph, I further agree, jointly and severally with any Derivative Claimant executing this Release, to indemnify and hold harmless the 1~4erck Released Parties from and against (i) any and all Claims made or asserted (prior to, on or after t:he date of my claim under the Program) against any Merck Released Party by any Released Party that is not an Merck Released Party (a "Non-Merck Released Party") arising out of any Claim madE; or asserted at any time by me and/or any other Releasing Party against any Non-Merck Released Party to any extent, or in any way, arising out of, relating to, resulting from and/or connected with VIOX3: and/or any injury 1 {and/or any other Releasing Party) have ever claimed, or may at any time hereafter claim, VIOXX caused in whole or in part and (ii) any and all damages, losses, costs, expenses (including, but not limited to, legal fees and expenses) and/or Liabilities incurred or suffered by, or irnpased on, any Merck Released Party in connection with, arising out of or resulting from any Claim described in clause (i) of this sentence (including, but not limited to, any amount paid or to be paidi in satisfaction of any such Claim). (c} Merck has the right to setoff al] or any portion of any amount payable to any Merck Released Party pursuant to the indemnification provisions of the Release against an e+aual amount of any Settlement Payment. 6. Confidentiality. I agree to maintain in confidence, and shall not disclose to any person, the amount of any Settlement Payment (if any), except as may be required by applicable Law; provided, that I understand that I may disclose such information to my immediate family members and to my counsel, accountants and/or financial advisors, if any (each of whom T shall, upon such disclosure,. instruct to maintain and honor the confidentiality of such information). I .agree that if I breach this confidentiality provision, money damages would not be a sufficient remedy and, accordingly, without limitation of any other remedies that may be available at law or in equity, Merck shall be entitled to specific performance and injunctive or other equitable relief as reredies for such breach. 7. Medical Documentation Authorization. I have authorized my counsel) to obtain and supply (or if I am not represented by counsel, I will obtain and supply) to Merck, the Claims Administrator, the Lien Resolution Administrator, the Special Master (and any Deputy Special 1111111 1111 ulll VIII I1~IIIIII VIII Ila I~III Illlt VIII IIII III~I VIII III Na Raudenbush (deceased), William E. 1063314 215537 Master) far the Program, the Chief Administrator for the Program, members ofthe Gate Committee for the Program, all other persons provided for under the terms of the Agreement to consider claims, and their respective attorneys, agents, servants, employees and independent auditors and others deemed necessary by each to assist them, the medical or other documentation required for approval of an award under the Program along with any and all authorizations for the release of medical records required in my Enrollment Form under the Program or that may be required by a provider of such documentation, including, but not limited to, a specific authorization required by a pzu-ticular hospital, pharmacy, physician or any other source of documentation. I agree to cooperate full}~ in providing any authorization for the release of records requested in the Program. I also authorize the foregoing persons to have access to my medical and other documentation available in any elech~onic depository through which Merck delivers medical records it collects by way of authorization or subpoena to counsel for plaintiffs in the VIOXX litigation. $. ACKNOWLEDGEMENT OF COMPREHENSION• NO GUARANTEE OF PAYMENT. I AM ENTERING INTO THIS RELEASE FREELY AND VOLUNTARILY, WITHOUT BEING INDUCED, PRESSURED OR INFLUENCED BY, AND WITHOUT RELYING ON ANY REPRESENTATION OR OTHER STATEMENT MADE BY OR ON BEHALF OF, MERCK OR ANY OTHER PERSON. I UNDERSTAND AND ACKNOWLEDGE THE NATURE, VALUE AND SUFFICIENCY OF THE CONSIDERATION DESCRIBED IN THE SECOND PARAGRAPH OF THIS RELEASE. I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE AND THE AGREEMENT, AND l HAVE HAD AN OPPORTUNITY TO OBTAIN ADVICE FROM, AND ASK QUESTIONS OF, COUNSEL OF MY CHOOSING REGARDING THE TERMS AND LEGAI~ EFFECT OF THESE DOCUMENTS AND MY DECISION TO ENROLL TO PARTICIPATE: IN THE PROGRAM. I FURTHER ACKNOWLEDGE THAT I HAVE DISCUSSED ALL THESE MATTERS WITH THE COUNSEL TO ME EXECUTING A "CERTIFICATION OF COUNSEL," ATTACHED TO THIS RELEASE, AND SUCH COUNSEL HAS ANSWERED ALL MY QUESTIONS TO MY SATISFACTION. I FURTHER ACKNOWLEDGE THAT I UNDERSTAND THIS RELEASE AND THE AGREEMENT AND THAT THEIi:E IS NO GUARANTEE THAT I WILL RECEIVE ANY SETTLEMENT PAYMENT OR., IF ANY SETTLEMENT PAYMENT IS MADE, THE AMOUNT THEREOF. 9. Waiver of Certain Provisions Reeardintr Timino of Anv Pavments. If'I have any civil action pending in any jurisdiction that has enacted, promulgated or otherwise adopted arty Law containing provisions that establish specific time periods within which settlement funds, if any, must be paid to m.e in connection with the settlement of such civil action and/or impose sancaions, penalties or other similar obligations against the paying party if the settlement funds are not paid' within such time periods and/or invalidate or otherwise affect the terms of the settlement of such civil action (including, but not limited to, Pennsylvania Rule of Civil Procedure 229.1), I hereby (i) specifically and expressly waive (to the fullest extent permitted by applicable Law) my rights under any such provisions and (ii) agree that payment of any Settlement Payment shall be made solely in accordance with the temps and conditions ofthe Program. 10. No Admission of Faulr. I understand and agree that Merck has entered into this Release and the Agreement solely by way of compromise and settlement. These documents are not, and shall 1111111 IIIII I~Ii ll~i 11111 11111 11111 1111 lglll III III III 111111 11111 Illq lAl Raudenbush (deceased), William E. 1063314 215537 7 not be construed at any time to be, an admission of liability, responsibility or fault of or by Merck or any other Released Party. 11. Renresen#ations and Warranties. [hereby represent and warrant that: I have full power, authority and capacity to enter into this Release, which is enforceable in accordance with its terms. Except as set forth in the second sentence under "Attorne s' Fees• Division of An Settlement Pa ent" above, I have the sole right to receive any and all Settlement Payments, if any, with respect to my claim under the Program, Neither I nor any other Releasing Party has sold, assigned, transferred or otherwise disposed of, or pledged or otherwise encumbered, any ofthe: Released Claims and Liabilities in whole or in part. 12. GOVERNING LAW. THIS RELEASE SHALL BE GOVERNED I3Y AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF NEW YORK, WITHOUT REGARD TO ANY CHOICE-OF-LAW RULES THAT WOULD REQUIRE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. 13. Severabilitv. Y agree that if any provision of this Release is adjudicated to be invalid, illegal or unenforceable in any jurisdiction, the relevant provision shall be deemed modified to the extent necessary to make it enforceable in such jurisdiction and, if it cannot be so modified, this Release shall be deemed amended to delete herefrom the invalid or unenforceable provision, and this Release shall be in full force and effect as so modified. Any such modification or amendment in any event shall apply only with respect to the operation of this Release in the particular jurisdiction in which such adjudication was made and shall not affect such provision in any other jurisdiction. To the fullest extent permitted by applicable Law, 1 hereby (on my own behalf and on behalf of each other Releasing Party} specif tally and expressly waive any provision of Law that renders any provision of this Release invalid, illegal or unenforceable in any respect, 14. Lena! Representatives. If I am signing this Release as a legal representative of a VIOXX user, then (i) all references in this Release to my use of, or injury from, VIOXX shall also mean the use of, or injury from, VIOXX by or of such VIOXX user, all references in this Release to any person claiming by, through or under, or in relation to, me shall also mean any person claiming by, through or under, or in relation to, such VIOXX user, and a1] references to me in the definition ol'Derivative Claimant shall also mean such VIOXX user, (ii) if such VIOXX user is not deceased, he or she shall also be a "Releasing Party", (iii) if such VIOXX user is deceased, I am executing this Release both individually and on behalf of the estate of such VIOXX user, and (iv) prior to the first time, if any, that a Settlement Payment is made to me, I will obtain judicial approval of this Release to the extent required under applicable Law, [The remainder of this page is intentionally Ieft blank.] IIIII Il II Illll Ilul Illli IUII IIIII III 111111 IIIII IIII III Illnl III I[Il III Raudenbush (deceased), William E. 1063314 215537 IN WITNESS WHEREOF, I have executed this Release effective as of the date set forth under my name below: REI.EASOR: EY ~ dd~wc O-? ;,~~ IF a~ W /G,r:.t ~o~,,,b/,t ~r ~ Name: William E. Raudenbush (deceased) ~Dirtw~sT/'0h~ Title: 0;~ tr S ~~ , SociaE Security No.: 21 ]-26-7400 Dated: ~ - 3 / -o ,3 - NOTARIZATION OF RELEASOR'S SIGNATURE STATE OF '' hl a COUNTY OF ~~~~ ~~~ SS.: ] hereby certify that on _. J~,,~, r.. ,,~, 3 I 200 1 l ,L,y ~r .n 4jS~Sj~ personally came before me and acknowledged under oath to my satisfaction that this person: (a) is named and personally signed this document; and (b) signed, sealed and deliver this document as his or her act and deed. L. Notary Public of th S to of f{~~ ~ Z.a~~ ~~~ ~NWEALTH 01= pENNSYI.VANlA ~~ BrartOY D• Pecker, Notary PutNic ~A FiiAA l3onp ~'~ertand Cotm ~ ~•E~s Nor, 25, 2i~ AMmber, Pennsylrrenia At axtation Of Notaries E .~,..w. .. _ __,.. (111111 IIIII lilll I IIlI IIUI IIIII IIIII IIN IIiNI IIII IIII IIII IIINI IfNI IIII IIII Raudenbush (deceased), WiOiam E. 1063314 215537 CERTIFICATION OF COUNSEL (COUNSEL FOR RELEASOR) i, hereby represent and declare that ("Releasor") has at all relevant times been represented by the undersigned counsel. I have provided Releasor a copy of the Release to which this Certification of Counsel is attached and have made available to Releasor a copy of the Settlement Agreement refereed to in the Release (which copies include all attachments). I discussed with Releasor the terns and legai effect of all of the foregoing documents and Releasor's decision to enroll to participate in the Program (as defned in the Release), and I answered any and all questions Releasor may have had. l hereby certify that, having had a full opportunity to read, understand, and inquire of counsel about the terms and conditions of the foregoing documents, Releasor does not have, and I do not have, any objection to the terms of this Release or any of the other foregoing documents. I further agree to be bound by the "Confidentiality" section in this Release and my joint and several obligations to provide representations and warranties regarding the satisfaction of, and indemnification with respect to, Liens set forth under "Liens and Other Third-Party Payor Claims". BY COUNSEL FOR RELEASOR: By Name: Title: Dated: 1111111111111111II~I Illll Ilil IIIII III 111111111111111IIII IIf11111111II~ III Raudenbush (deceased), William E. 1063314 10 215537 SIGNATURE PAGE AND AGREEMENT 13Y DERIVATIVE CLAIMANT I am a person having or asserting the right to sue Merck by reason of my relationship with Releasor (or, if Releasor is a legal representative of a VIOXX user, such VIOXX user). I hereby enter into the Release to which this signature page is attached and agree to be bound by al] of its terms (and, without limitation, hereby give and make ail releases, waivers, acknowledgements, agreements, representations and warranties therein) on the same basis as Releasor set forth therein (including, but not limited to, all joint and several indemnification obligations set forth therein). This agreement is effective as of the date set forth beneath my name below. DERIVATIVE CLAIIV[ANT: By ~ -- Name: Way Log e Title: Social Security No.: 189-44-0882 Dated: i -- 3 1 ~ ~t 9 NOTARIZATION OF DERIVATIVE CLAIMANT'S SIGNATURE STATE OF ~Ch_~~UG ~i~ ,COUNTY OF t,,lu~^+~-~~~1~~ SS.: I hereby certify that on (~(,t~h,(,t,G,r-L,1Ty~ ~ 200` __ ~ h„~ personally came before me and acknowledged under oath to my satisfaction that this person: (a} is named and personally signed this document; and {b) signed, sealed and deliver this document as his or her act and deed. tary Public of tlhe tate of I~ Z.J+24~d~ L:' `. ° CQMMQIV1NEAt.TFf O~ PENIVSYLVAMA _ ~yD. Padcerl, N°harYPubite '`,.`, Boni Ctur °: l,+ty :: . '~ , ~ F-moires Mar. 252ppg Membor, PannsYlyanra Assoei~tfon 0f Notarlas 111111 IIIII plll IIII IIII IIIII IIII Ipl Iillll IIII IIII III IIII Ilnl III III Reudenbush (deceased), William E. ]063314 215537 CERTIFICATION OF COUNSEL (COUNSEL FOR DERIVATIVE CLAIMANT) 1, hereby represent and declare that ("Derivative Claimant") has at all relevant times been represented by the undersigned counsel I have provided Derivative Claimant a copy of the Release to which this Certification of Counsel is attached and have made available to Derivative Claimant a copy of the Settlement Agreement referred to in the Release (which copies include all attachments}. I have discussed with Derivative Claimant the terms and legal effect of all of the foregoing documents and I answered any and all questions Derivative Claimant may have had. 1 hereby certify that, having had a full opportunity to read, understand, and inquire of counsel about the terms and conditions of the foregoing documents, Derivative Claimant does not have, and I do not have, any objection to the terms of this Release or any of the other foregoing documents. I further agree to be bound by the "Confidentiality" section of this Release and my joint and several obligations to provide representations and warranties regarding the satisfaction of, and indemnification with respect to, Liens set forth under "Liens and Other Third-Part;ry~Pa~or Claims". BY COUNSEL FOR DERIVATIVE CLAIMANT: By Name: Title: Dated: 111111 l IIII IIIII I Il l IIII I Illll Nlll I I~ I ICI I III IIIII Illl 111111 IIII BII illl Raudenbush (deceased), William E. 1063314 12 215537 EXHIBIT "F" Debra Logue 1302 Kingsley Road Camp Hill PA 17011 Attn: 1-2-2005 RAUDENBUSH, WILLIAM vs. VIOXX Page: 1 January 06, 2009 Account No: 215537-00 Statement No: 9248 Draft Bill 12/27/2004 FILING -ATLANTIC CTY CRTHSE 200.00 01/10/2005 COURIER SERVICE - (724) FEDERAL EXPRESS CORP. 7-936-56510 1-4-05 TO DEBRA LOGUE/SUE 12.43 01/10/2005 COURIER SERVICE - (724) FEDERAL EXPRESS CORP. 7-936-56510 '1-4-05 TO ATLANTIC CTY CTHS/SUE 10.68 01/24/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL MERCK-MEDCO RX SERVICE 26.48 01/27/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL DR GEORGE HARHIGH 76.48 02/08/2005 FILING - (5938) FIRST CHOICE COURIER, INC. 130.00 02/14/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL HARRISBURG HOSF' 65.77 02/17/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL CVS PHARMACY 26.48 05/03/2005 FILING - (12190) LEXISNEXIS COURTLINK, INC. 2-3-05/AMBER 12.00 10/29/2008 COURIER SERVICE - (724) FEDERAL EXPRESS CORP. / 8/14/08 -PAM TO WAYNE LOGUE IN CAMP HILL, PA 18.06 11/18/2008 FILING - (2468) REGISTER OF WILLS 8.00 Total Advances 586.38 Total Current Work 586.38 Balance Due $586.38 EXHIBIT "G" A»apoy Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. 402 Park Boulevard Chatty Hill, New Jeroey 08002 THIS IS A IiIlVDIlVG LEGAL DOCUMENT, READ IT CAREFULLY BEFORE YOU SIGi~ YT, AND CHEEP A COPY FOR YOUR RECORDS. Dace: /2 - 0 4~ ~ 56 Y/V4~e 16?s~3==., ]~ecutox hereby constitute and appoint Kevin _Marciano, Esc~,ure ofiha lea film of Anapol, Schwartz, Wcis3, Cohan. Feldman & Smalley, P.C., to prosecute a claim against Merck (Name ofDefendazrt). The Claimsnt/Deceased is William Raudenbus~nad the cause of action loose on 01-04-03 (D~e), UWe rccog:ize the fact that Anapol, Schwartz, Weiss, Gohazt, Feldman 8t Smal]~ey, P_C., hag agraad, at our rc;quest, to accept [his employment sa our attetneys in this specific claim without payment of any retainer fcc and without payment of su hourly fee fear the investigations and legal work t~cy will perform. I/We furchcr recognize rho fact that counsel xnay not receive nay compensation vrhatsaec;er, and that cotmsel may be required to wait a cc~-siderable period of tiau~ to receive any payment. iJWe hereby' agree that out of wt-atever sums are obtained, either b.y settlement or vesdiat, to pay Ote expenses of suit, incluQiag, but not limited to, filing fees, costs to obtain records, deposition costs, is:°~estigation fees, costs of witnesses, and expert vc-itnesses (if any). From the net balance seutauu ng, l/We agreed to pay mylour attorney® as their fee the i;ollowing: 33 1/3% of the first $500,000,00; 30% of the next $500,000.00; 25% of the next $500,000.00; 20% of the next 5500,000.00; and Over $2 million. Judges decide, Pursuant to this agt~ment, said attorneys shall roproseat me/us and may institute suit on my/our behalf wher•,, and if, .they believe suit should be instiwtefl. If this agreainent is signed on behalf of alt infant or sa incompetent., the legal fees will be reduced to 25% of the net recovery if this mattes is settled without trial. The law firoi has offered to represent you and charge you legal fees -vhich you will be required to pay evert if you recover no money. You have rejected this aafl have, instead, agreed to pay the contingent fees, as set forth in this agreement. The law flri;i may ask that the Court require you to pay a greater fee, if the agreed uposi fen ~s too low is 1ig?ic of the time and ef~'ott which the law fiari exerts oa your behalf The Court would then decide •~vllether or not to increase the legal fees. UWe are av~~are that .Esquire, wiD receive 33 1 /3°/v of the total ttttemey's ~Fet from Aaspol, Schwarti, Weiss, Cohan, Feldman & Smalley. P.C. far acting as caoperatictg cvuAael, 1/We uude:stand that the payment of the cooperating coua5tl fhe does not increase or affect the total contingent fee paid by menus. UWe do not object to this division of fees. UWe ackna~wledge that my/our attorneys have ~dwiaed menus that tl~` relationship of attorney and client is based upon mutual trust and confidence and that they will endeavor bo keep menus advised of important developments in theitr representation of radus. They have fuuther advised menus that Uwe are free to communicate with them and ask them questions from time to tuna as appropriate. It is further understood and agreed that upon notification to rueius (certified, registered or regular U.S. mail) said attorneys may witizdre~w as counsel in the event of mylour failure td cooperate or ifthey conclude in their sole judgment that the claim cauuot be succossfatlly prosecuted by them. Ia the event the auot»eys withdraw as my/our eottnsel, they agree that Ylwe will not be obligated to pay them 8or nay purofessiomal services they have rer~dgred. rlWe further agree that the aotiflcation to melu.e shall be considered to take place upon mailing of said noti.Scatioa to the last address for menus known to the attorneys in a pre-paid envelope deposited with the U.S. mail_ 1/VYc hcreb~r authorize said attorneys to pay medical bills on mylour behalf directly to the physician(s) or hos~~ital(s) concerned. 7/Wc fvtthcx aeroc that should I/we discharge said attorneys, Uwe shall be liable to pay thatn the fair value of all legal services rendered by them prior to receipt of .a wrirten notice of discharge. T./We further agree that if Uwe shall reimburse them fns all expenditures they have rnaiie in itutharutc,; of~te investigation and prvse+cutiozM of the claim. The ~obligsdeat to reimburse AnapoI, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. for attorney's fees grid casts ahaU be payat,Ie iazmediately after discharge, UWe hereb~r acknowledge that a copy of this document has been given to me/us and that T/Wd have been advised to retain it in sty/our possession, sad that Lwe have read and understood the contents to this document before Uwe Signed lt. SH~~ULD NO MO:.'aEY BF 1;;.ECDVERED BY SUIT OR SETTLEMENT, SAID ATTORNEYS ARE TD HAVE N~~ CLAIM OY; ANl' KIND AC}A1NST MF1US FQR AN'Y PROFESSIONAL S ZVICES 'DE1tED. <Sil erne) (sigrtattaellvame) ( s) (Address) ~y~v~/Y.~ P~~ I X053 ~l7--q-9S _az~Z- . 2 Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08127!2008 Page 1 of ~ ~,~+~^F~~<~, }'~ ~~ 21263356 ~SEBy~~~ Aug 27 2008 5:04PM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE: VIOXX PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ALL CASES MDL NO. I657 SECTION: L JUDGE FALCON MAG. JUDGE KNOWLES ORDER & REASONS With interim settlement payments scheduled to begin on August 28, 2008, the Court finds that it is appropriate at this time to address the issue of individual attorneys' fees. For the reasons listed below, the Court orders that individual attorneys' fees for all counsel representing claimants enrolled in the Vioxx Settlement Program will be capped at 32% plus reasonable costs, At a later date, after giving the parties due notice and an opportunity to be heard, the Court will determine the amount of fees and costs to be awarded to those attorneys who performed common benefit work. Pursuant to the terms of the Settlement Agreement, these latter amounts will be deducted from the individual plaintiffs' attorneys' fees. ~ ' Given the nature of the interim payment schedule, it bears emphasizing that no claimant shall pay more than 32% of their total award towards attorneys' fees, and ar-y future award of -t- Case 2;05-md-01657-EEF-DEK Document 15722 Filed 0812712(}08 Page 2 of 21 I. BACKGROUND To put this matter in perspective, a brief review of this litigation is appropriate. This multidistrict products liability litigation involves the prescription drug Viox~c, known generically as Rofecoxib. Merck, a New Jersey corporation, researched, designed, mamafactured, marketed, and distributed Vioxx to relieve pain and inflammation resulting from osteoarthritis, rheumatoid arthritis, menstrual pain, and migraine headaches. On May 20, 1999, the Food and Drug Administration approved Vioxx for sale in the United States. Vioxx remained publicly available until September 30, 2004, when Merck withdrew it from the market after data from a clinical trial known as APPROVe indicated that the use of Vioxx increased the risk of cardiovascular thrombotic events such as myocardial infarctions (heart attacks) and ischemic strokes. Thereafter, thousands of individual suits and numerous class actions were filed against Merck in state and federal courts throughout the country alleging various products liability, tort, fraud, and warranty claims. It is estimated that 105 million prescriptions for Vioxx were written in the United States between May 20, 1999 and September 30, 2004. Based on this estimate, it is thought that approximately 20 million patients have taken Vioxx in the United States. On February 16, 2005, the Judicial Panel on Multidistrict Litigation conferred multidistrict litigation status on Vioxx lawsuits filed in federal court and transferred all such cases to this Court to coordinate discovery and to consolidate pretrial matters pursuant to 28 common benefit fees will come from the individual attorneys' shares of their claimants' awards. Because at the present time only interim payments are being distributed, the mechanics of withholding any common benefit fee charge will be finalized upon the ultinnate calculation of claimants' total awards. ZFor a more detailed factual background describing the events that took place before the inception of this Multidistrict Litigation, see In re Vioxx Prods. Liab. Litig., 401 F. Supp. 2d 565 -2- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 3 of 21 U.S.C. § 1407. See In re Vioxx Prads. Liab. Litig., 360 F. Supp. 2d 1352 (J.:P.M.L. 2005). One month later, on March 18, 2005, this Court held the first status conference in. the Vioxx MDL to consider strategies for moving forward with the proceedings. Shortly thereafter, the Court appointed committees of counsel to represent the parties and to meet with the Court once every month to review the status of the litigation.3 One of this Court's first priorities was to assist the parties in selecting and preparing certain test cases to proceed as bellwether trials. In total, this Court conducted six Vioxx bellwether trials.4 The first of the bellwether trials took place in Houston, Texas, while this Court was displaced following Hurricane Katrina. The five subsequent bellwether trials took place in New Orleans, Louisiana. Only one of the trials resulted in a verdict: for the plaintiff. Of the five remaining trials, one resulted in a hung jury and four resulted in verdicts for the defendant. During the same period that this Court conducted its six bellwether trials, approximately thirteen additional Vioxx-related cases were tried before juries in the state courts of Texas, New Jersey, California, Alabama, Illinois, and Florida. With the benefit of experience from these bellwether trials, as well as the encouragement of the several coordinated courts, the (E.D. La. 2005) (resolving Daubers challenges to a number of expert witnesses). 3The Court appointed twelve attorneys to serve on the Plaintiffs' Steering Committee ("PSC"), see Pretrial Order No. 6 (Apr. 8, 2005), and five attorneys to serve: on the Defendant's Steering (:ommittee, see Pretrial Order No. 7 (Apr. 8, 2005). 4See Plunkett v. Merck & Co., No. OS-4046 (E.D. La. filed Aug. 23, 2005) (comprising both the first and second bellwether trials, as the first trial resulted in a hung jury); Barnett v. Merck & Co., No. 06-485 (E.D. La. filed Jan. 31, 2006) (third bellwether trial); Smith v. Merck & Co., No. OS-4379 (E.D. La. filed Sept. 29, 2005) (fourth bellwether trial); tL.fason v. Merck & Co., No. (16-0810 (E.D. La. filed Feb. 16, 2006) (ffth bellwether trial); Ded'rick v. Merck & Co., No. OS-2524 (E.D. La. fled June 21, 2005) (sixth bellwether trial). -3- Case 2:0,5-md-01657-EEF-DEK Document 15722 Filed 08/27/2~~08 Page 4 of 21 parties soon began settlement discussions in earnests On November 9, 2007, Merck and the NPC formally announced that they had reached a Settlement Agreement. See Settlement Agreement, In re Vioxx Prods. Liab. Litig., MDL 1657 (E.D. La. Nov. 9, 2007) ("Settlement Agreement"), available at http://www.browngreer.com/vioxxsettlement.b The private Settlement Agreement establishes a pre-funded program for resolving pending or tolled state and federal Vioxx claims against Merck as of the date of the settlement, involving claims of heart attack ("MI"), isclaemic stroke ("IS"), and sudden cardiac death ("SCD"), for an overall amount of $4.85 billion. Id. § "Recitals".' The Settlement Agreement expressly contemplates that this Court shall oversee various aspects of the administration of settlement proceedings, including appointing a Fee Allocation Committee, allocating, a percentage of the settlement proceeds to a Common Benefit Fund, and modifying any provisions of the Settlement Agreement that are otherwise unenforceable.8 Accordingly, this 5In their efforts to develop a comprehensive, joint settlement agreement, counsel for Merck and the Negotiating Plaintiffs' Counsel ("NPC") met together more than fifty times and held several hundred telephone conferences. Although the parties met and :negotiated independently, they kept this Court-as well as the coordinate state courts of Texas, New Jersey, and California- informed of their progress in settlement discussions. 6When the parties formally announced the settlement agreement, Vioxx-related discovery had been moving forward in the coordinate jurisdictions for more than six years. Over 50 million pages of documents had been produced and reviewed, more than 2,000 depositions had been taken, and counsel for bath sides had filed thousands of motions and consulted with hundreds of experts in the fields of cardiology, pharmacology, and neurolol;y. For a more detailed factual background of the various mechanics of the Settlement Agreement, including the provisions for the mandatory resolution of governmental liens, see In re Vioxx Prods. Liab. Litig., 2008 WL 3285912 (E.D. La. Aug. 7, 2008) (df;nying motions to enjoin disbursement of interim settlement payments). $ ,See, e.g., Settlement Agreement, § 9.2.4 (establishing that the Court shall appoint a Fee Allocation Committee}; § 9.2.5 (establishing that the Court shall "provide appropriate notices governing the procedure by which [it] shall determine common benefit attorneys' fees and reimbursement of common benefit expanses"); § 16.4.2 (establishing that tl.~e Court may modify -4- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 5 of 21 Court has consistently exercised its inherent authority over the MDL proceedings in coordination with its express authority under the terms of the Settlement Agreement to ensure that the settlement proceedings move forward in a uniform and efficient manner.9 The Settlement Agreement provides a schedule for the disbursement of interim payments to certain eligible claimants. Id. § 4.1. In order to qualify for interim payments, eligible claimants must fulfill specific registration and filing obligations. Id. Pursuant to the terms of the Settlement Agreement, eligible MI claimants who timely fulfill all of their i_iling obligations may qualify to receive interim payments beginning on August, 1, 2008, or the date on which the Claims Administrator has determined pre-review points awards for at least 2,500 MI claimants, whichever is later. Id. The schedule for distributing interim payments to claimants is conditioned on Merck's decision to waive its walk away privileges. Id. On July 17, 2008, Merck formally announced that it was satisfied that the thresholds necessary to trigger funding of the Vioxx Settlement Program would be me1:. See Minute Entry, July 17, 2008, Rec. Doc. 15362 (July 17, 2008). Merck further advised that it intended to waive its walk away privileges and that it would commence funding the Vioxx Settlement Program by depositing an initial sum of $500 million into the settlement fund, clearing t:he way for any provision of the Agreement under certain limited circumstances if the Court determines that the provision "is prohibited or unenforceable to any extent or in any particular context but in some modified form would be enforceable"}. v See, e.g., Pretrial Order No. 32, Rec. Doc. 13007 (Nov. 20, 2007} (exercising the Court's "inherent authority over this multidistrict litigation" as well as its express authority under Paragraph 9.2.4 of the Settlement Agreement to appoint a Fee Allocation Committee; reserving the right to "issue subsequent Orders governing the procedure by which the .Allocation Committee shall carry out its function"; and providing that members appointed to the committee may not be substituted by other attorneys "except with the prior approval of the Court"), -s- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 081271'2008 Page 6 of 21 distribution of interim payments to eligible claimants. Id. On August 20, 2.008, the Claims Administrator reported to the Court that it had successfully reviewed approximately 2,750 claims for interirn payments. See Minute Entry, August 20, 2008, Rec. Doc. 15674 (Aug. 20, 2008). The Claims Administrator further advised that interim payments were scheduled to begin as early as August 28, 2008. Id. In light of the upcoming disbursement of interim settlement payments, it is appropriate at this time to address the issue of individual attorneys' fees. II. LAW & ANALYSIS As an initial matter, the Court notes that addressing the issue of attorneys' fees in the context of'the Vioxx global settlement will require atwo-step process. The first step involves examining the reasonableness of all the contingent fee contracts in the global settlement and setting an appropriate limitation on the amount of fees that attorneys may charge claimants. The second step of the process will involve allocating a percentage of those fees for the Common Benefit Fund to be distributed to those who performed common benefit work. After notifying the parties and all counsel and offering them an opportunity to be heard, the Court will issue a separate order addressing the Common Benefit Fund. At this time, the Court will only address the reasonableness of contingent fee contracts in the context of the global settlement. The Court will begin its analysis by reviewing the basis of its authority for examining the contingent fee contracts in this setting. After briefly reviewing the basis of i1:s authority, the Court will then examine the contingent fee contracts and set a reasonable limitation on the amount that individual attorneys may charge claimants enrolled in the global settlement, regardless of whether their cases were filed in state or federal courts. -6- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 7 of 21 A. The basis of this Court's authority to review contingent fee contracts for reasonableness Contingent fee contracts have long been accepted in the United States because "they provide many litigants with the only practical means by which they can secure legal services to enforce their claims." Cappel v. Adams, 434 F.2d 1278, 1280 (Sth Cir. ] 970).14 Nevertheless, "[c]ontingent fees maybe disallowed as between attorney and client in spite: of contingent fee retainer agreements, where the amount becomes large enough to be out of all proportion to the value of the professional services rendered." Gair v. Peck, 160 N.E. 2d 43, 48 (N.Y. 1959). In addressing contingent fees, the Court is mindful that tort litigation-and particularly mass tort litigation-has a dual role in our society: (1) to compensate people who are harmed; and (2) to prevent future injuries by deterring harmful conduct. See Contingent Fees in Mass Tort Litigation, 42 TORT TRIAL & INS. PRAC. L.J. 1 OS, 109-10 (2006). Then; are laudable goals and ones which should be encouraged. Undercompensating attorneys who handle such litigation would result in too few meritorious private suits being brought and less competent representation in the cases that are brought. Id. Overcompensating attorneys, however, would also be harmful, as it would encourage frivolous lawsuits and result in unfair recovery for injured litigants. Id. The courts must, therefore, endeavor to strike a fair balance between these two opposing policy concerns." 10 I~or a detailed analysis of the history of contingent fee arrangements in mass tort litigation a.s well as the effects that these arrangements might have on the future of mass tort actions, see Contingent Fees in Mass Tort Litigation, 42 TORT TRIAL & INS. PRAC. L.7. 1 OS (2006). " See id. at l 11 ("It is thus crucial to calibrate compensation for lawyers who prosecute mass tort cases to provide enough incentive for them to be brought (to serve the deterrence and compensation functions) but not so much that nonmeritorious cases are brought ar victims are -~- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 8 of 21 Before examining the contingent fee contracts in the context of the global settlement, it is first necessary to determine whether this Court has authority to inquire into the reasonableness of contingent fee agreements between the claimants and their attorneys. This determination requires an analysis of the Court's equitable powers, its inherent supervisory authority, and its express authority under the terms of the Settlement Agreement. Each of theae will be discussed in turn. 1. The Court's equitable authority to oversee administration of the global settlement The Federal Rules of Civil Procedure expressly provide that district courts may require reasonable fees in class actions. See Fed. R. Civ. P. 23(g)(1)(C)(iii); Fed. R. Civ. P. 23(h}; see also MANUAL FOR COMPLEX LITIGATION (FoURTi-1} § 22.927 (2004), In the Zyprexa MDL, the court found that several factors counseled in favor of treating the case as a quasi-class action, subjecting the settlement program to review under the court's general equitable powers. See In re Zyprexa Prods. Liab. Litig., 424 F. Supp. 2d 488, 491 (E.D.N.Y. 2006). In particular, the court in Zyprexa noted as persuasive "[t]he large number of plaintiffs subject to the same settlement matrix approved by the court; the utilization of special masters appointed by the court to control discovery and to assist in reaching and administering a settlement; the court's order for a huge escrow fund; and other interventions by the court." Id. As a result, the court found that the settlement vas subject to the court's "imposition of fiduciary standards to ensure fair treatment to all parties and counsel regarding fees and expenses." See id.; see also In r•e Guidant Corp. Implantable Defibrillators Prods. Liab. Litig., MDL No. OS-1708, 2008 WL 682174, at * 18 (D. undercomp ens ated."). -8- Case 2:U5-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 9 of 21 Minn, Mar. 7, 2008) (characterizing amass tort proceeding as a quasi-class action and subjecting the global settlement to the court's equitable authority}, Turning to the instant case, the Court notes that there are substantial similarities between the global settlement currently before the Court and the global settlement at issue in Zyprexa. First, the court in Zyprexa found that the case could be treated as a quasi-cl<~ss action in part because of "[t]he large number of plaintiffs subject to the same settlement matrix approved by the court." In re Zyprexa, 424 F. Supp. 2d at 491. Similarly, there are approximately 50,000 eligible claimants currently enrolled in the Vioxx Settlement Program, all o:f whom are subject to the same settlement matrix for awarding points and valuating claims. Second, like the court in Zyprexa, which utilized special masters "to control discovery and to assist in reaching and administering a settlement," this Court has benefited from the efforts of special masters throughout the course of the MDL proceedings and the settlement administration. See, e.g., Order, Rec. Doc. 13228 (Jan. 14, 2008) (appointing Mr. Patrick A. Juneau to act as Special Master pursuant to the terms of the Settlement Agreement). Moreover, the 94.85 billion settlement fund in the instant case is similar to the large settlement fund held in escrow in Zyprexa. In light of these factors, the Court finds that the Vioxx global settlement may properly be analyzed as occurring in a quasi-class action, giving the Court equitable authority to review contingent fee contracts for reasonableness. 2. The Court's inherent authority to exercise ethical supervision over the parties In addition to this Court's equitable authority over the global settlement, the Court also has the inherent authority and concomitant duty to exercise ethical supervisie~n over the parties. -9- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 10 of 21 See In re Zyprexa, 424 F. Supp. 2d at 492 ("The judiciary has well-established authority to exercise ethical supervision of the bar in both individual and mass actions."); see also Karim v. Finch Shipping Co., Ltd., 233 F. Supp. 2d 807, 810 (E.D. La. 2002), aff'd, :374 F.3d 202 (5th Cir. 2004) ("Among the broad equitable powers of a federal court is its supervisory capacity over an attorney's contingent fee contracts.").12 Pursuant to the Court's supervisory authority, the Court may address the reasonableness of contingent fee contracts even if the parties have not raised the issue. See Rasquist v. Soo Line R.R., 692 F.2d 1 107, 11 l 1 (7th Cir. 1982) ("Even when the validity of the fee contract itself has not been challenged by the parties, it is. within the court's inherent power of supervision over the bar to examine the attorney's fee for conformance with the reasonable standard of the Code of Ethics."). District courts necessarily retain the authority to examine attorney fees sua sponte because the attorneys' interests in this regard are in conflict with those of their clients. See In re Guidant, 2008 WL 682174, at * 18 ("[A.]s for the representative counsel involved, Plaintiffs' counsel have abuilt-in conflict of interest that is directly opposed to that of their clients."); In re Zyprexa, 424 F. Supp. 2d at 491-92 ("[P]laintiffs' counsel have abuilt-in conflict of interest; and the defendant is buying peace and 'Z Historically, a district court's supervisory authority to examine contingent fee contracts for fairness is well-settled and has longstanding roots in a variety of different areas of law. Karim, 233 F, Supp. 2d at 810. For example, federal courts have long endeavored to protect seamen from unfair contingent fee contracts: Federal courts, particularly when sitting in admiralty, have long protected seamen when they enter into contracts with those more skilled than they. As long ago as 1823, Justice Story penned these famous words: "They (referring to seamen) are emphatically wards of the admiralty; and though not technically incapable of entering into a valid contract, they are treated in the same manner, as courts of equity are accustomed to treat young heirs dealing with their expecl:ancies, wards with their guardians, and cestuis que trust with their trustees." Id. (quoting Harden v. Gordon, 11 F.CAs. 480, 485 {1823)). -to- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 48/27/2,008 Page 11 of 21 is generally disinterested in how the fund is divided so long as it does not je;opardize the settlement."). With large corporations now seeking to achieve global peace by resolving mass tort litigations simultaneously in state and federal courts, settlement agreements such as the one currently before the Court will likely become more common. See, e.g., In re Guidant, 2008 WL 682174, at *3 (noting that the parties "contemplated a global settlement covering Plaintiffs from both the MDL and state cases, and included Plaintiffs whose cases had beers filed or transferred to the MDL, Plaintiffs whose cases were filed outside the MDL in state court proceedings, and potential Plaintiffs who had not yet filed their cases"). As these global settlements occur more frequently, however, and as the public consciousness focuses more closely on the outcome of mass tort litigations, there will also be a growing need to protect the public's trust in the judicial process. See In re Zyprexa, 424 F.2d at 494 ("Public understanding of the fairness of the judicial process in handling mass torts-and particularly those involving pharmaceuticals with potential widespread health consequences-is a significant aspect of complex nationz~l litigations involving thousands of parties."). The potential harm to the public's perception of the judicial process its especially acute in the instant case because of the large number of claimants participating in the: settlement. See id. at 493 ("The risk of excessive fees is a special concern here because of the mass nature of the case."). The approximately 50,000 plaintiffs and the $4.85 billion settlement fund have captured the public's attention, resulting in a heightened degree of public scrutiny on the settlement proceedings and the judicial process in general. Disproportionate results and inconsistent standards threaten to damage the public's faith in the judicial resolution of mass tort litigation by Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 12 of 21 creating an impression of inherent unfairness. Id. at 494 ("Litigations like the present one are an important tool for the protection of consumers in our modern corporate society, and they must be conducted so that they will not be viewed as abusive by the public; they are in fact highly beneficial. to the public when adequately controlled.").13 "These considerations are enhanced where, as here, the Judicial Panel on Multidistrict Litigation has assembled all related federal cases for coordinated or consolidated pretrial proceedings ... [to] promote the just and efficient conduct ofsuch actions."' Id. at 493 (quoting 28 U.S.C. § 1407) (emphasis added). In addition, many of the Vioxx claimants are elderly and in poor health, making it more difficult for them to negotiate fair contingent fee contracts. See id. at 49l ("'Many of the individual. plaintiffs are both mentally and physically ill and are largely witl-out power or knowledge to negotiate fair fees"); see also In re Guidant, 2008 WL 682174, at * 18 (same). )n order to qualify for the settlement, a claimant or the claimant's representative must first demonstrate that the claimant suffered a heart attack, ischemic stroke, or sudden cardiac death after taking Vioxx. As a result, all of the claimants in the global settlement have suffered life- threatening injuries. Under such circumstances, the supervisory court has an increased responsibility to ensure that the fees are both consistent and reasonable. For• these reasons, the Court finds that it has the inherent authority and responsibility to examine the individual contingent. fee contracts for fairness and consistency. is See also Contingent Fees !n Mass Tort Litigation, supra, at 125 (noting that several courts "have invoked their inherent authority to regulate lawyers to limit attorney fees in mass tort contexts.... not to correct for market failure but rather to protect clients i~rom being charged unreasonable fees"}. The Court notes that although many of the plaintiffs' attorneys in the Vioxx Iitigation have entered into contingent fee contracts for 33%3% of the claimant's net recovery, there are many other attorneys who have 40% and even 50% contingent fee contracts. -tz- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 13 of 21 3. The Court's express authority pursuant to the terms of the Settlement Agreement The terms of the Settlement Agreement in this case provide further ;support for the Court's authority to examine the reasonableness of the contingent fee contracts. The Settlement Agreement expressly grants this Court the authority to oversee various aspects of the global settlement administration. For example, the Settlement Agreement contemplates that this Court will appoint an Allocation Committee to assist in determining the appropriate amount of fees to be deposited into the Common Benefit Fund. See Settlement Agreement § !a.2.4, The Agreement also contemplates that this Court will consider the Committee's recommendations in making a final determination of common benefit fees as well as deciding haw those fees should be distributed to individual attorneys for their common benefit work. See iaC § 9.2.5. Pursuant to the teens of the Settlement Agreement, these amounts will be deducted directly from the attorneys' fees after the Court's final determination regarding the Common Benefit Fund. See id. § 9.2.1 ("Any sum paid as a common benefit fee shall be deducted from the total amount of counsel fees payable under individual plaintiffs' counsel's retainer agreement."). In addition, the Settlement Agreement also establishes that this Court has the express authority to modify any provision of the Agreement in certain limited circumstances if the Court determines that the provision "is prohibited or unenforceable to any extent or in any particular context but in some modified form would be enforceable." Id. § 16.42. To the extent that the Settlement Agreement would be unenforceable if it resulted in excessive or unreasonable attorneys' fees that threaten the public interest and reflect poorly on the courts, this Court may address thase fees in order to ensure fairness to all parties. As a result, the Court finds that it -i3- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 14 of 21 may examine the reasonableness of contingent fee contracts in order to protect the claimants and enforce the Settlement Agreement. In light of this Court's equitable authority over the settlement, its inherent authority to exercise ethical supervision over the parties, and its express authority under the terms of the Settlement Agreement, the Court finds that it has the authority to examine the contingent fee contracts in the global settlement for reasonableness, regardless of whether the claimants filed their cases in state or federal courts. See Jn re Guidant, 2008 WL b82174, at * 19 (capping contingent fees in global settlement pursuant to "the Court's general equitable powers, the Court's inherent authority to exercise ethical supervision over (the] global settlement, and the Court's inherent authority to review contingency fees for fairness"). In the interest of fairness and uniformity, it is both necessary and desirable that a single court be able to set a reasonable limitation on contingent fees in this global settlement proceeding. Having overseen not only the course of the MDL proceedings but also the administration of the Vioxx Settlement Program, this Court is uniquely situated to examine the reasonableness of attorneys' fees for claimants enrolled in the global settlement. Further, in light of the upcoming distribution of interim settlement payments, the Court finds that it is appropriate at this time to set a reasonable limitation on the contingent fees that attorneys may charge to claimants participating in the settlement. B. Applying the Court's authority to examine contingent fee contracts in the global settlement In order to determine a reasonable limitation on individual contingent fee contracts, the Court will look for guidance to comparable limitations on contingent fees. First, the Court will -14- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 15 of 21 examine state statutes and rules that cap contingent fee arrangements. Second, the Court will review the manner in which other district courts have approached the issue ~of contingent fee arrangements in the context of similar global settlements. Finally, the Court will consider the unique contours of the Vioxx global settlement in light of these comparativE; sources in order to set a reasonable limitation on individual contingent fees in this context. 1. State statutes and rules placing limitations on contingent fees Because this MDL proceeding is essentially a series of diversity jurisdiction cases, it is appropriate for the Court to consider state statutes in examining whether the; contingent fee contracts are fair or reasonable. See In re Zyprexa, 424 F. Supp. 2d at 494. New Jersey's approach to contingent fees provides considerable guidance for this Court ir- determining the appropriate contingent fees in this case. See N.J. R. Ct. 1:21-7. The Court notes that the New Jersey rule is particularly persuasive in this context because New Jersey is e~ne of the primary coordinate jurisdictions in the Vioxx litigation. In New Jersey, an attorney iin a products liability action "shall not contract for, charge, or collect a contingent fee in excess ol'the following: (1) 33%3% on the first $500,000 recovered; (2) 30% on the next $500,000 recovered; (3) 25% on the next $500,000 recovered; (4) 20% on the next $500,000 recovered." Id. The New Jersey statute further provides that counsel must apply to the court for a reasonable fee on ail amounts in excess of $2 million, and may not charge more than 25% where the amount recovered is "for the benefit of a client who was a minor or mentally incapacitated when the contingent fee arrangement was made." Id. The New Jersey rule therefore provides strong support for limiting attorneys' contingent fees to a reasonable amount in the context of the global settlement. In addition, the Court is further persuaded by similar rules in Califon.~ia and Texas, the -15- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 16 of 21 other primary coordinate jurisdictions in the Vioxx litigation, See Cal. Bus.. & Prof. Code § 6146(a) (providing a sliding scale framework for limiting contingent fees iri actions against health care providers); Tex. Lab. Code Ann. § 408.221 (limiting contingent fee arrangements in worker's compensation lawsuits to 25% of the plaintiff's net recovery). Other states have also adopted similar rules or statutes placing comparable limi#ations on contingent fee arrangements. See, e.g., Conn. Gen. Stat. Ann. § 52-251c(b} (limiting contingent fees in personal injury and wrongful death cases to 33 %3% of the first $300,000; 25% of the next $300,000; 20% of the next $300,000; 15% of the next $300,000; and 10% of any amount exceeding $1.2 million); Mich. Gen. Ct. R. 8.121 (limiting contingent fees in personal injury or wrongful desath suits to a maximum of 33'/3% of the net recovery); see also In re Zyprexa, 424 F. Sup~p. 2d at 495 (conducting a survey of the states and noting that "[tJhe trend in the states is to limit contingent fees in substantial cases to 33'/3% or less of net recovery where fees are largE:"). 2. Decisions by other courts in similar situations The instant case presents something of a matter of first impression, due in large part to the global nature of the settlement, the large number of plaintiffs participating in the settlement, and the considerable amount of money in the settlement fund. With little precedent bearing directly on the facts of the instant case, the Court finds guidance in the decisions of other district courts dealing with similar global settlements. For example, the MDL court in Guidant examined contingent fee arrangements in the context of a comparable global settlement resolving state and federal claims. See In re Guidant, 2008 WL 682174, at * 3 (noting that the global settlement covered "Plaintiffs from both the MDL and state cases, and included Plaintiffs whose cases had been filed or transferred to the MDL, Plaintiffs whose cases were filed outside the -l 6- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/20()8 Page 17 of 21 ?vIDL in state court proceedings, and potential Plaintiffs who had not yet filed their cases"}. The global settlement agreement in Guidant provided the district court with authority over the administration of the settlement proceedings, including the authority to decide the amount of fees for common benefit payment. Id. at *4. Tn determining the amount of the common benefit payment fees, the court also addressed the reasonableness of contingent fee contracts, taking into consideration the economies of scale provided by the coordinated proceedings and the global settlement. Id. at *17-19. Accordingly, the court capped all individual case contingency fees at 20%, reserving to the parties the right to petition to the special masters for an upward departure subject to certain limiting factors. Id. Pursuant to the court's limitations, however, no counsel could recover more than 33%% in contingent fees. Id." The court's approach to attorney fees in Guidant is consistent with the decisions of other courts in similar circumstances. For example, in the In re Silicone Gel Breast Implant MDL, the court recognized a settlement class and allocated 25% of the $4.2 billion settlement fund for attorneys" fees. In re Silicone Gel Breast Implant Prods. Liab. Litig., MDL No. 926, 1994 WL 114580, at *4 (N.D. Ala. 1994). Although the settlement ultimately fell through for other reasons, the court suggested that individual contingent fees should be capped a# approximately 25% of each plaintiff's net recovery because of the considerable benefits provided by the economie;s of scale unique to that litigation. See id.; see also PAUL ll. RHEINGOLD, LITIGATING MASS ToxT CASES § 7:52 {2006) (describing in detail the court's proposed framework for 14 See also Contingent Fees in Mass Tort Litigation, supra, at 116-20 (collecting cases and examining resolutions of contingent fee arrangements); PAUL D. RHEINGOLD, LITIGATING MASS ToItT CASES § 7:46 (2006) (same). Unlike the fees in the present case, the contingent fees in Guidant apparently did not include the common benefit fees. _17_ Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08!27/2008 Page 18 of 21 apportioning fees). Similarly, in Zyprexa the court addressed the issue of contingent fees by conducting a thorough analysis of the complexity of the issues of the case, the economies of scale offered by the global settlement, and the persuasive authority of several state rules and statutes. Ire re Zyprexa, 424 F. Supp. 2d at 496. Given the unique contours of that case, the court in Zyprexa capped contingent fees at 35%, reserving the right to depart upward to 37.5% or downward. to 30% based on the facts of each individual case. Id. These decisions provide helpful guidance for the Court in approaching the fee determination in the instant case. 3. Determining reasonable fees in the context of the'4/ioxx global settlement As an initial matter, the Court notes that this is essentially a products liability case, and all products liability cases pose significant challenges to plaintiffs' counsel. The risk of loss for plaintiffs' counsel in these cases is considerable. In addition, the basic challenges inherent in any products liability case were compounded in this case by a host of complex legal issues unique to the instant litigation, including (to name only a few) the learned intermediary doctrine, contributory negligence, causation, federal preemption laws, and Merck's assertion of attorney- client privilege with respect to thousands of documents in its possession. T'he risks associated with pursuing these cases became even more daunting in light of the verdicts returned by juries in this Court's bellwether trials-only one of the six trials resulted in a verdict for the plaintiff. On a single-case basis, therefore, reasonable contingent fees might range from 33% to 40% of the total .recovery for each claimant. In setting a reasonable limitation on contingent fees, the Court is also mindful of the many contributions made by plaintiffs' counsel in furtherance of the admir-istration of the global -18- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 19 of 21 settlement proceedings. Without the dedication of plaintiffs' counsel from across the nation, the approximately 50,000 claimants currently enrolled in the settlement would have faced considerable difficulties in securing and producing the appropriate records necessary to enroll in the settlement. Nevertheless, the Court must assess the reasonableness of the: contingent fees in light of the fact that the economies of scale have led to a global settlement offering considerable benefit to the attorneys. Instead of pursuing individual discovery, filing individual motions, engaging in individual settlement negotiations, or preparing individual trial plans, attorneys for eligible claimants •who wish to participate in the settlement need only enroll the claimants in the settlement and then carefully monitor their progress through the claims valuation process. These economies of scale must cut both ways. The attorneys have benefited from a uniform and highly efficient resolution procedure; the claimants should similarly benefit from fees reduced to reflect that uniformity and efficiency. Even though the unique facts of certain cases may have initially warranted. disparate contingent fee arrangements, these individual characteristics no longer control the calculus for determining reasonable fees. See In re Guidant, 2008 WL 682174, at * 18 ("Because of the mass nature of this MDL, the fact that several firms/attorneys benefited from economies of scale, and the fact that many did or should have benefited in different degrees from the coordinated discovery, motion practice, and/or global settlement negotiations, there is a high likelihood that the previously negotiated contingency fee contracts would result in excessive fees."); In re Zyprexa, 424 F. Supp. 2d at 493 ("[T]hese firms ail benefitted. from the effectiveness of coordinated discovery carried out in conjunction with the plaintiffs' steering committee and from other economies of scale, suggesting a need for reconsideration of fee -t9- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08127/20()8 Page 20 of 21 arrangements that may have been fair when the individual litigations were commenced."). In consideration of the various state rules dealing with contingent fees and the decisions of other district courts faced with comparable situations, the Court finds that the individual contingent fee arrangements for attorneys representing claimants enrolled in the Vioxx global settlement should be capped at 32% plus reasonable costs.15 In reaching thi<,; determination, the Court acknowledges the complexity and risk involved in pursuing these cases as well as the fact that any award for common benefit work will later be deducted from this sum.' b Nevertheless, in light of the large number of plaintiffs, the global settlement, the considerable settlement fund, and the unique contours of this litigation, the Court finds that this is a fair and reasonable framework for apportioning fees. Although perhaps a reduction from the standard 33`/3% to 40% contingent fee applicable on a single-case basis, this reduction will not result in a paltry award for the attorneys. With a total settlement fund of $4.85 billion, limiting attorneys' fees to 32% of the net recovery means that the attorneys in this case will receive more thar.~ $1.55 billion. IIl. CONCLUSION In consideration of the economies of scale offered by the global settlement proceedings and all of the above expressed reasons, IT IS ORDERED that contingent fete arrangements for all 's The Court notes that this percentage is the maximum that any counsel representing claimants enrolled in the Vioxx global settlement may charge in contingent fees. To the extent that any state rule or statute requires a recovery below this percentage, or to the extent that any individual parties may have agreed to a lower percentage contingent fee, this percentage acts only as a ceiling and does not supersede state rules or statutes or reasonable agreements between claimants and their attorneys. ' `' It bears repeating that under no circumstances shall any claimant pay more than 32% of their total award towards attorneys' fees (not including costs). A percentage of the individual attorneys' fees will be used to pay the Common Benefit Fund. Because only interim payments are currently being distributed, the mechanics of withholding common benefit fees will be -20- R Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 21 of 21 attorneys representing claimants in the Vioxx global settlement shall be capped at 32% plus reasonable costs. At a later date after due notice and an opportunity for all counsel to be heard, the Court will determine the appropriate sum for common benefit work. This sum will be deducted from the above amount, reducing the individual attorneys' fees across the board. New Orleans, Louisiana, this 27th day of August, 2008. (~ ~( UNITED STATES DISTRICT JUDGE finalized upon the ultimate calculation of claimants' total awards. -21- JAN 21 2009 BY: ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY SOL H. WEISS, ESQUIRE GREGORY S. SPIZER, ESQUIRE Identification Nos. 15925/82435 1710 Spruce Street Philadelphia, PA 19103 (215) 790-4578 WAYNE LOGUE, Executor of the Estate of WILLIAM RAUDENBUSH, Deceased and WAYNE LOGUE, in his own right v. MERCK & CO., INC. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Orphans Cour[ Division 2004-01120 SCHEDULING ORDER It is hereby ORDERED that a Hearing on Plaintiff s Petition to Approve Settlement and Distribution of Wrongful Death and Survival Actions is scheduled for the r~ ch ~ y ~~ da of ~~~J ~~,~~ ~""~-i1-, 2009 at ~•'brj pM. before the Honorable V ~ ` ~ ~~'~- ~+o ~ Petitioner, Wayne Logue, and his counsel are required to appear at said Hearing. n ~:> o BY THE T: 'c'; ~' .,~-,~ N _ ~ ti -..._, . t ; _~. .. r`r7 .I. Gi :_._.? CJi ORPHANS' COURT DIVISION In Re: WILLIAM RAUDENBUSH, DECECEASED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-1120 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: I/23/O9 JUDGE'S INITIALS: TIME STAMP DATE: IN RE: SCHEDULING ORDER SERVICE TO: ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY JOAN RAUDENBUSH WAYNELOGUE METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 0 ] /23/09 ENVELOPES PROVIDED BY' ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT BY: ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY SOL H. WEISS, ESQUIRE GREGORY S. SPIZER, ESQUIRE ~.., Identification Nos. 15925/82435 ~ 1710 Spruce Street ° ~ o ~ Philadelphia, PA 19103 ~ ~ ~° (215) 790-4578 Attorneys for tiff _._ , ~ ~ WAYNE LOGUE, Executor of the Estate of WILLIAM RAUDENBUSH, Deceased and WAYNE LOGUE, in his own right ~ ---, . COURT OF COMM~N PLEA CUMBERLAND COUNTY Orphans Court Division v. MERCK & CO.,1NC. 2004-01120 }- z ~_; ~, -: ; ~_~:, --~ PROP,,~OSED ORDER OF DISTRIBUTION AND NOW, this ~ ~ d y of ~~ , 2009, upon consideration of Plaintiff's Petition to Approve Settlement and Distribution of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED as follows: (1) The allocation of the 40% interim payment from the Vioxx Settlement shall be as follows: A. Wrongful Death -Joan Raudenbush (90%) B. Survival Action -Joan Raudenbush (10%) (2) The sum of $121,334.40 represents the 40% interim payment from the Vioxx Settlement. The funds shall be distributed as follows: (a) To: Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. For Attorney Fees $38, 827.01 (b) To: WRONGFUL DEATH CLAIM Joan Raudenbush $74,256.65 (c) To: SURVIVAL CLAIM Joan Raudenbush $8,250.74 TOTAL: $ 121,334.40 J. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: WAYNE LOGUE EXECUTOR OF THE ESTATE OF WILLIAM RAUDENBUSH DECEASED AND WAYNE LOGUE IN HIS OWN RIGHT CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-1120 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02-26-09 JUDGE'S INITIALS: EEG TIME STAMP DATE: IN RE: PROPOSED ORDER OF DISTRIBUTION SERVICE TO: ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY PC-ATTN AMR JOAN RAUDENBUSH WAYNE LOGUE METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 02/26/09 SERVICE TO: ENVELOPES PROVIDED BY: ® PETITIONER SUPPLIED ENVELOPE I MADE MISTAKE AND CREATED ENVELOPES OFF OF THE ONES PROVIDED ^ JUDGE ® CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Depu Clerk of Orphans' Court 1505607121 REV-1500 E X PA Department of Revenue (D6-D5, OFFICIAL USE ONLY Bureau of Individual Taxes Po Box 2aosol County Code Year File Number INHERITANCE TAX RETURN Harrisbur , PA 17126-0601 RESIDENT DECEDENT 2 ~' 0 4 1 1 2 0 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 2 1 1 2 6 7 4 0 0 0 1 0 4 2 0 0 3 0 8 0 2 1 9 3 4 Decedent's Last Name Suffix Decedent's First Name R A U D E N B U S H MI J R W I L L I A M E (If Applicable) Enter Surviving Spouse's Info rmation Below Spouse's Last Name Suffix Spouse's First Name R A U D E N B U S H MI J O A N Spouse's Social Security Number L THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return O 2. Supplemental Return 3. Remainder Return (date of death 4. Limited Estate ~ prior to 12-13-82) 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Return Required ^ 6. Decedent Died Testate ~ death after 12-12-82) 7. Decedent Maintained a Livin Trust 9 8 T (Attach Copy of Will) 9 Liti ati P . otal Number of Safe Deposit Boxes (Attach Copy of Trust) . g on roceeds Received ~ 10. Spousal Poverty Credit (date of death ~ 11. Election to tax under Sec 9113(A) b . etween 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD N ame BE DIRECTED T0: Daytime Telephone Number H E A T H E R D R O Y E R E S Q 7 1 7 2 3 4 2 4 0 1 Firm Name (If Applicable) S M I G E L A N D E R S O N 8 First line of address 4 4 3 1 N O R T H F R O N T Second line of address 3 R D F L O O R City or Post Office H A R R I S B U R G Correspondent's a-mail address: HROYER(u,SASLLP.COM S A C K S S T . State ZIP Code P A ~I REGISTER OF WILLS USE ONLY ti c~ ~, j ,n ~ ~ `k. ' ) ,, ~ i. ' r~ W D DATEFILE -- ~ .__ _-. __ f ' _. ~ ._. u .. 1 7 1 1 0 w w Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and I it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF+~PN ~PON FOR FILING RETURN U DATE ADDRESS L~/~C ~~ ? 1 ~ U DRIVE MARYSVILLE 'REPARE~~'DgMIER THAN REEK€SFNr4nvc P A ]' 7O 4431 N• FRONT ST•, 3RD FL HARRISBURG / PI PLEASE USE ORIGINAL FORM ONLY Side 1 L 1505607121 1505607121 .J ~p~,~~ ~~a~~~~~ i~~~ 'C22L095052 ~.~~ ~ ~ ~ ~ ~ • ~ p 0 '0 ~ 0 ~ o a •o h L 'o s 2 e h L 'a s 2 e ~ h G ~ '0 5 ~ 2 6 h L' 0 5 2 Q Z aP!S 'C22L09505'C 1N3WAtld2J3n0 NV d0 ONfld321 tl ~JNI1S3f10321 321tl (lOA dl ~tln0 3H1 NI -Illd 'OZ ...................................... an0 xel'6L 6L g L' X alai le~alelloo le BL ~ ~ ~ algexel bL aul'1;o lunowtl 'gl ZL~ X ales 6wig15 la ~LL ~ ~ ~ algexel bL aul~;o lunowy ZL -0_ X ales leaup 1e 9l Q ~ ~ algexel 4L aul~;o lunowy '9L p~X (Z'L)(e) 'SL h Z. ~ S 2 Q gL L6 ~oag iapun sia;sues; ~o 'alai xel lasnods ayl le algexel bL aul~;o lunowy 'SL S31tl2i 3l8tlOllddtl 210d SNOIlOn211SN1 33S - NOI1tl1f1dW00 Xtll .bL .................. (£L aul~ snulw Zl aul'I) xel of loafgng amen laN 'bL .................. (~ alnpayoS) aPew uaaq lou seU xel of uogaala ue £L yolym ~o; slsnil £ l L6 oaSlslsanbag Ieluawwano0 pue algelPeyO ~£ L ........... (l L aul~ snulw 9 aul~) a1e153 3o amen laN ZL ............. ZL .......................... (0 L 8 6 saul~ lelol) suoRonpaO lelol ' L l LL ........... (I alnPa4oS) sual'I '8 'sall9lge!l a6e6UOW 'luapaoa0 to slga0 ~OL OL ............ (H alnpayoS) slso0 angeASrylwpy ~ sasuadx3 leiaund '6 6 ... ... (L-L saw'1 lelol) slassy ssoi0 lelol ~9 . ..... ... ....... ..... 8 (O alnPa4oS) palsanbaa 6ulll!9 aleiedag L 6padad alegad-uoN snoauellaoslW'g sia;sued sonln-iaNl 'L ...... palsanbay 6ulll!8 ale~edag ~ (d alnPa4oS) Ruadad PaumO Rllulop 'g g .S - ~ ~ ~ ~ ~ ~ (3 alnpayoS) ,(padad leuoslad snoauepaoslW g spsoda0 >Iueg 'ysep 'g ................. ... (O alnPa4oS) algenlaoay saloN 9 sa6e61roW 'b b . (O alnpayoS) dlyslolaudad-aloS io dlysiaul~ed'uogelod~o0 plaH ,(Iaso10 '£ £ ' • ................................ (g alnPa4oS) epuo9 Pue sXOOIS 'Z Z • ................................ (y a!npa4oS) alelsa leab ~ L L • NOlltllf111dtl0321 '21P `HSf19N3Qflda '3 WVI~IIm .aweN s;uapaoap O O h L 9 2 T 'C 2 xa oos L-naa iagwnN Flunoag lepog s,luaPaoaO `C22L09505'C REV-1500'EX Page 3 File Number Decedent's Complete Address: zI oa I Izo D CEDENT'S NAME WILLIAM E. RAUDENBUSH,__JR_ . -._- -- STREETADDRESS - - - - -- - - __ - -__ -- ]305 KINGSLEY ROAD - _ - __ CITY _- _.. _- - _ _ __. _ -. _ - _. - _..-_ CAMP FALL ~ sTATE PA Tax Payments and Credits: 1~ Tax Due (Page 2 Line 19) 2. Credits/Payments A, Spousal Poverty Credit B. Prior Payments C. Discount 3. Interesf/Penalty if applicable Total Credits (A + B +C ) D. Interest E Penalty 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.Total Interest/Penalty (D +E ) Fill in oval on Page 2, Line 10 to request a refund. 5, If Line 1 +Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. ZIP _- -.. _. L7011 0 (2) 0 00 (3) n nn (4) 0 00 (5) 0 00 (5A) B. Enter the fatal of Line 5 +5A. This is the BALANCE DUE. (5B) 0 00 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE Bl nrrrc 1. Did decedent make a transfer and: a, retain the use or income of the properly transferred : .............. Yes No b. retain the right to designate who shall use the property transferred or its income : ....................... ~ . ~~~~~ c. retainareversionaryinterest;or ............... ^ a d. receive the promise for life of either payments, benefits or care? ............ ..................................... ^ ...... 2. If death occu«ed after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............... 3 " ^ . Did decedent own an in trust for" or payable upon death bank account or security al his or her death? ... 4 ^ 0 . Did decedent own an Individual Retirement Account, annuity, or other non-probate property which ..... contains a beneficiary designation? ............................................................................................. ..... ^ O IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent (72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent (72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July t, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years or age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)J. The tax rate imposed on (he net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [/2 P.S. §9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of (he decedent's siblings is twelve (12) percent (72 P.S. §9116(a)(1.3)]. Asibling isdefined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1808~EX + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT FILE NUMBER -- WILLIAM E. RAUDENBUSH, JR. 21 04 1120 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE 7. ESTATE OF WILLIAM E. RAllDENBUSH, JR. SURVIVAL CLAIM -SUPERIOR OF DEATH COURT OF NEW JERSEY NO. ATL-L-0068-05. PARTIAL DISBURSEMENT - 8,250.74 ADDITIONAL DISBURSEMENT EXPECTED BY MID 2009 AND A SUPPLEMENTAL RETURN WILL BE FILED TO REPORT SAME. TOTAL (Also enter on line 5, Recapitulation) space is needed, insert additional sheets of the same size) REV-1513 EX + (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES WILLIAM E. RAUUENBUSH, JR. FILE NUMBER 21 04 1120 NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE 1 TAXABLE DISTRIBUTIONS (include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. JOAN RAUDENBUSH Lineal 1302 KINGSLEY ROAD 8,250.74 CAMP H[LL PA 17011 DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET 1Ydpl C lllcroioi iT,n.,n. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OFPART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET I $ (If more space Is needed, Insert addltlonal sheets of the same size) .~ Ana of Schwartz p A T T O R N E Y S A T L A W Gregory S. Spizer, Esquire 1710 Spruce Street Philadelphia PA 19103 g Spizer@anapolschwartz. com (215) 790-4578 Direct Dial (215) 875-7722 Direct Fax ~ D~ ~~`~ ;% \; ~,. ya(, ~~ ~, ~i March 3, 2009 VIA CEKTIFI1Jll MAIL Ms. Debra Logue 1302 Kingsley Road Camp Hill, PA 17011 Re: Vioxx Case of William Raudenbush Dear Debra: It was nice meeting you and Wayne last week. 1710 Spruce Street I ~ Philadelphia, PA 19103 1040 Kings Highway North Suite 30a Cherry Hill, NJ Od034 252 Boas Street Harrisburg, PA 17102 146 North 6th Street Reading, PA 19601 230 North Monroe Street Media, PA 19063 8912'^ Street Wheeling, WV26003 866-735-2792 Toll Free www.AnapolSchwa rtz.com Now that the Court has approved the disbursement of funds, I enclose two checks. One check in the amount of $74,256.65 is made payable to your mom, Joan Raudeubush. This check represents the wrongful death claim proceeds. In addition, I am enclosing a check in the amount of $8,250.74 made payable to the Estate of William Raudenbush. This represents the survival claim proceeds. Please contact me if you have any questions. Thank you. Very truly yours, ~.. GREGORY S. SPIZER GSS:pm cc: C. Lee Anderson, Esquire ..a Anapol, Schwartz, Weiss, Cahan, Feldman 8 Smalley, P.C. SMIGEL, ANDERSON HEATHER D. ROYER, ESQUIRE & SACKSLLP PHONE: (717)234-2401 ATTORNEYS AT LAW TOLL FREE: 1-800-822-9767 FACSIMILE (717) 234-3611 EMAIL: hroyerGsasllp.com wwwsasllp.com File No. 7932-2-Sa March 27, 2009 c~ '~' -~ ~' _~ _:r -r .-~, Register of Wills -~ ~`' Cumberland County Courthouse 1 Courthouse Squaze ,~, ~'-= Cazlisle, PA 17013-3387 u ~~~--' •• ca Re: Estate of William E. Raudenbush a/k/a William E . Raudenbush Jr No. 2004-01120 , . Dear Sir or Madam: Enclosed please find for filing in the above-referenced Estate an original and two copies of the Supplemental Inheritance Tax Return, along with our check in the amount of $15.00 for processing same. Please timestamp the copies and return them to our office in the enclosed self-addressed, stamped envelope. Thank you for your attention to this matter. Very truly yours, /alh ~~ ` ~~~ Amy L. Haines, Paralegal Enclosures to Heather D. Royer cc: Wayne Logue, Executor (w/out encl.) 4431 North Front Street Harrisbur Penns lvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP N O O O W e~ C ~ O I ~ ~ N I~ 0 e~ O LLf W 4 o d Q 6 0 ee AA N ~ ~ O LL ~ d V rb o .- v w ~n O J V 0311Nf1 0 o F ^ N ,~,w~ Y/ ^~ a J J Nl V a J N O ~ LA m ~ c W ~ Q Z Q J W ~_ N 0 d~ d~ N~ C _ O T lL L ~ r a 0 Z ~ M ~ o a c `-' m x W = O -_ _ - ~ - ~ O~a^o Q M ~ ' =~Z c~ -~=~o - O =~Uw~ OZ~d O 'W 2'F'J =HW~fn -_ ~_ m ~ J - ~ ~ ~ ~ -w~UQ _~U~U n ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY ``'-~ G7 ~ zt BY: GREGORY S. SPIZER, ESQUIRE - --`-' c ~ `? ~? AMBER RACINE, ESQUIRE _ '> ~ ;~ rv :,~_' Identification Nos. 82435/208575 -.. ' `^ ~ c° ~ -'" - 1710 Spruce Street !'~~ ~? ~ , - ' Philadelphia, PA 19103 .y rv ~ (215) 790-4564 Attorneys fah' Plaintiff , ~ ''"? , ua WAYNE LOGUE, Executor of the Estate of COURT OF COMMON PLEAS WILLIAM RAUDENBUSH, Deceased and CUMBERLAND COUNTY WAYNE LOGUE, in his own right Orphans Court Division v. MERCK & CO., INC. 2004-01120 PETITION TO APPROVE SETTLEMENT AND DISTRIBUTION OF WRONGFUL DEATH AND SURVIVAL ACTIONS TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Wayne Logue, as Administrator of the Estate of William Raudenbush, Deceased, by and through his attorney, Gregory S. Spizer, Esquire, respectfully represents 1. Petitioner is Wayne Logue, who is the Administrator of the Estate of William Raudenbush. On December 27, 2004, Petitioner filed the above-captioned wrongful death and survival action on behalf of the Estate of William Raudenbush in the Superior Court of New Jersey, Atlantic County. The suit alleged that Defendant failed to wazn physicians and consumers of the risks associated with the prescription drug Vioxx and, as a consequence, caused Decedent's death. A copy of the time-stamped Complaint is attached hereto as Exhibit "A". 2. The Decedent, William Raudenbush, (Date of Birth: August 2, 1934; Social Security Number: 211-26-7400) died from hypertensive cazdiovasculaz disease on January 4, 2003, caused by his ingestion of the prescription drug Vioxx. Decedent's death certificate is attached hereto as Exhibit "B". 3. Petitioner was granted Letters of Administration by the Register of Wills in Cumberland County on December 8, 2004. A copy of the Short Certificate is attached hereto and mazked as Exhibit "C". 4. Decedent executed a Will on February 19, 1999. The Will devised Decedent's entire estate to his wife, Joan L. Raudenbush and named Petitioner as Executor. A copy of Decedent's Will is attached hereto and mazked as Exhibit "D". 5. At the time of his death, Decedent had been married to Mrs. Raudenbush for more than forty-five (45) yeazs. The lawsuit filed by Petitioner asserted a Loss of Consortium claim on behalf of Mrs. Raudenbush. See Complaint attached as Exhibit "A". 6. Petitioner filed suit based upon counsel's thorough review of voluminous medical records. 7. Beginning in eazly 2005, the pazties engaged in discovery. Plaintiff completed a Fact Sheet which is used in lieu of interrogatories in Mass Tort cases. Counsel also reviewed millions of pages of Merck & Co., Inc. documents. In addition, numerous Merck employees were deposed regarding their knowledge of the science, marketing and regulatory decisions regazding Vioxx. 8. Further, Plaintiff's counsel engaged various medical and epidemiology experts to support the theory of "general liability", establishing a link between Vioxx and heart attacks/death. 9. After extensive litigation, on November 9, 2007, the various State and Federal Courts that have overseen the coordinated Vioxx proceedings (Federal MDL, New Jersey, Texas and California) approved a settlement, which was available to all plaintiffs who suffered a myocardial infazction, ischemic stroke or sudden cazdiac death. The settlement allowed Petitioner to submit a claim form to the Vioxx Claims Administrator along with other documentation, including medical records, prescription records, the death certificate and letters of administration, which evidenced the basis of Petitioner's claims. 10. On January 7, 2008, Petitioner advised his counsel that he agreed to enroll in the National Vioxx Settlement Program. 11. On January 31, 2008, Petitioner signed the Release, which Plaintiffs counsel submitted to the Claims Administrator. The submission of Petitioner's release officially enrolled this claim in the Vioxx Settlement Program. The signed Release is attached hereto and marked as Exhibit "E". 12. On June 19, 2008, Petitioner's Counsel submitted the medical documents and death certificate referenced in Pazagraph 9 to the Settlement's Claims Administrator. 13. On, December 12, 2008, Petitioner's claim was assigned the following points awazd under the settlement: 158.40. ~ t Per the terms of the Vioxx Settlement, a point total is assigned to each Claimant who qualifies for an award. Presently, each point is worth $1865.01. As such, Petitioner's total award equals $295,417.58 of which he previously received a gross payment of $121,334.40 via the interim payment. Petitioner's remaining gross balance is therefore $174,083.18. -2- 14. Counsel was of the professional opinion that the proposed award was reasonable and fair given Mr. Raudenbush's age, pre-existing medical conditions and cazdiovasculaz risk factors. 15. On December 15, 2008, Petitioner was advised of the proposed monetazy settlement. Petitioner was also advised of the alternative options available, including appealing the Claims Administrator's awazd. Petitioner was of the opinion that, given all of the factual and legal circumstances, the proposed settlement was reasonable and advised Counsel to immediately accept the proposed awazd. 16. On December 15, 2008, Counsel accepted the proposed settlement on behalf of Petitioner. 17. As Petitioner agreed to the points total awazded, an interim payment of 40% of the total award was paid in December 2008. 18. On January 20, 2009, Petitioner filed a Petition to Allocate Distribution of the interim payment. This Honorable Court granted said Petition on February 26, 2009. The Court's Order is attached as Exhibit "F". Thereafter, Counsel distributed the net funds of the interim awazd to Petitioner. 19. The gross balance of $174,083.18 was awazded to Petitioner by the Vioxx Claims Administrator in eazly October 2009. 20. As of today's date, Counsel has incurred expenses in the amount of $745.47 for which reimbursement is sought. (See cost sheet attached as Exhibit "G".) These expenses will be deducted from Petitioner's 60% balance awazd. Counsel is also seeking the reimbursement of general litigation costs in the amount of $57.96 (a flat fee for general costs, shared amongst all Counsel's clients). Counsel has come to an agreement with Petitioner to discount said costs by $150.00. Therefore, Petitioner's total costs, for which reimbursement is sought, aze $653.432. 21. On August 27, 2008 United Stated District Court Judge Fallon limited the individual attorneys' fees for all Counsel representing claimants enrolled in the Vioxx Settlement Program to 32%. The original Contingent Fee Agreement signed by Petitioner and the August 27, 2008 Order of the Court are attached hereto as Exhibit "H". 22. With the Court's permission, Counsel deducted attorney fees of 32% from the interim award. At this time, Counsel intends to deduct attorney fees of 32% from this balance (60%) awazd, for total attorney fees of 32%. At this time, Counsel respectfully requests $55,497.52 which is 32% of the balance (60%) awazd, after costs. The stated costs do not include any costs associated with the Filing of the instant Petition. Petitioner is aware that the Cost Sheet attached hereto will be amended to include costs associated with this filing. -3- 23. On September 23, 2009, United Stated District Court Judge Fallon issued an Order calling for an assessment of 1% of each claimant's gross award. A copy of the September 23, 2009 Order of the Court is attached hereto as Exhibit "I". 24. Petitioner's 1 % assessment totals: $2,954.18. 25. In addition, at the time of his death, Decedent was a Medicaze recipient. A Medicare lien in the amount of $143.27 has been assessed against Petitioner's awazd. 26. Therefore, the net amount Petitioner will receive, on behalf of the Estate of William Raudenbush, is $114,834.78. 27. Petitioner requests allocation of the net proceeds of the settlement after deduction of costs and attorney fees in the same allocation approved by the Court's February 26, 2009 Order, referenced above in Pazagraph 18, as follows: a. Wrongful Death Claim (90%) b. Survival Claim (10%) 28. The reasons for the requested allocation aze as follows: Mrs. Joan Raudenbush survived Decedent at the time of his death. Any proceeds from this matter, per Decedent's will, aze to be distributed to Mrs. Raudenbush. 29. Pursuant to the Wrongful Death and Survival Action Statutes (42 Pa.C.S. §8301 and §8302) the beneficiary of the Wrongful Death Claim and Survival Action is as follows: NAME Mrs. Joan Raudenbush (Widow/Sole Beneficiary) $114,834.78 30. Counsel further notes that attached to this Petition is the verification of Wayne Logue, the Executor of the Estate, who approves of the distribution of funds as set forth herein. Petitioner's Counsel served a copy of this Petition on the following interested parties: NAME ADDRESS Joan Raudenbush 1302 Kingsley Road Camp Hill, PA 17011 Wayne Logue 1302 Kingsley Road Camp Hill, PA 17011 -4- VERIFICATION I, Wayne Logue, Administrator of the Estate of William Raudenbush, Deceased, hereby state that I am the Petitioner in this action and verify that the statements contained in the foregoing Petition to Approve Settlement and Distribution of Wrongful Death and Survival Actions, are true and correct to the best of my knowledge, information and belief. I understand that the statements in said Petition aze made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. t Wayn o ,Administrator of the Estate of William Raudenbush, Deceased Date: '1' tk -7- ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY, P.C. BY: DAVID JACOBY, ESQUIRE & GREGORY S. SPIZ,ER, ESQUIRE 402 Park Boulevard Cheny Hill, NJ 08002 (856) 427-9229 Attorneys for Plaintiffs WAYNE LOGUE, Executor of the Estate of WILLIAM RAUDENBUSH, Deceased and WAYNE LOGUE, in his own right SUPERIOR COURT OF NEW JERSEY LAW DMSION ATLANTIC COUNTY PLAINTIFF(S) v. CIVIL ACTION No:. ATL-L-0068-OS MERCK & CO., INC., Defendant VIOXX LITIGATION SUMMONS The State of New Jersey, to the Above Named Defendant(s): YOUARE HEREBYSUMONED in a Civil Action in the Superior Court of New Jersey, instituted by the above named plaint{)j(s), and required to serve upon the attorney(s) for the plainttjf(s), whose name and office address appears above, an answer to the annexed complaint within 35 days after the service of the summons and complaint upon you, exclusive of the day of service. Ifyou fail to answer, judgment by default may be rendered against you for the relief demanded in the complaint. You shall promptly file your answer and proof of service thereojin duplicate with the Superior Court of New Jersey, Law Division, Atlantic County, New Jersey, in accordance with the rules of civil practice and procedure. Ijyou cannot a„~'ord to pay an attorney, call a Legal Services O, fjice. An individual not eligible for free legal assistance may obtain a referral to an attorney by calling a county lawyer referral service. These numbers may be listed in the yellow pages of your phone book The phone numbers for the county in which this"action is pending are: Lawyer Referral Service, (609)345-3444 and the Legal Services OfJtce: (856)964-2010. Dated: January 25, 2005 ~Ofltl~~: ~C~11 Clerk of the Superior Court Name ojdefendant to be served: Merck & Co., Inc. One Merck Drive White House Station, New Jersey 08889 "For direct filing, add address for County Clerk and strike "in duplicate. " For Trenton filing add CN-971, Trenton, NJ 08625 w ~ ~ v ~ >. ~ , , ~ w ~a ~4 w ~ C F1 O W a W N U 0 N F x N F m 6G N o 2 ? 00 y 4.0~ pppp NZO T. .N] 4 pp1 0M0 >HH eG NNOa .E WF2 x ~ m N4tN o ~ N x c p W F oN~o N ~ w U .3o yu F ~ „ ~' N m O ¢ ppp~ CNFO 6 F~yHp H Y~ o ~ oXO 0 o g C FF n q a µ' p p p~O 4 . i to ~' ~ V ~ pp W ~ ~ o x C ~~F~F a a yy ~~ NoF H m °0 f[q~ W ~ p 1 e~S .Ni u ID u4iy IG ~ a$ °~ N~a ~ ~ ~° m N M a ~ ~~~ N o p~~ 4f7l!~ N~ N m ~" 4. ~ ~ N N FN o = gS mf ~+ a FqN {p ll ~ £ p NHF y ~ ( ~ F ~0~ UU ~ My ' i {Op NM'Nr~ 0 ~ ~ U' yqq ~v pp N OW~v (Y ~ U HOq'H pm4111 f^ OS 4' Q~ j[T'F j~ T 5 Nq NE! C VM1 M W ~ F y QRR YYY E HW H „WK 4Fn .~iR uu ~c CIVIL CASE INFORMATION STATEMENT PAYMENTTYPE: CK CG CA ~~ ~C'S~ OOn 00 CHG /CK N0. Uae for initial Law Division -Civil Part pleadin s (not AMOUNT g tnotbns) under Rule 4:51. Pleading will be rejected for filing, under Rule 1:6$(c) (riENPAYMEM: , H IMortnation above the black bar hs not completed or Kattorney's signature is not affixed. eATCNNUMeER: ATrnRNEY/PRO6ENAME T3EPfgrENUMBER CWNTYCF VENUE David Jacoby, Esq. & Gregory S. Spizer, Esq. (g56 )482-1600 Adantic County FIRM NAME (r stgsosW) NUMBER (Y JR O svYYb) Anapol, Schwartz, Weias, Cohan, Feldman & Smalley, P.C. o F ' ^ p '~ L, ~Y O - (~ ~~ P CEAOCrras 1040 Kings Highway North Suite 304 WCUTAENT TYPE , Cherry Hill, NI 08034 Complaint NRY CEMAJn ® YES ^ NO NAME OF PARTY (N Join nos. PMlntlal nAPTKMJ Wayne Lague, Executor of the Estate of Raudenbush v. Merck & Co, Inc. William E. Raudenbu6h, Deceased and Wayne C.ogue, In His Own Right fiwaETYPEMIIABER (( ~ slLa Ni TNaiAPAOFE6ansNL MAU%N(,'rICE CASEi ^Y6 ®NO 619 IFYnUNiYEpEfJQ;DYES.'6EE NJ.SA7A514.9ANe CA6EUw REC>AFDINO YOUR OBLIRATInN Tb FILE AN AFFlDAVR CF MERI T. RElAT31CA8E5 IFYES.USTnOGfET. ~N~ NIM/BER& ^~ ®~ nOYQJAMIdMTEAneaiiANV NAME OF CEFENpANi'3 PRIMARY INSURANCE CpAPANY, IF KNpNM mmlEaf^worlla..ns ^ YES ®NO aMa a r mormn~oly ^ NDNE ®UNKNONN (VIBE ()NRICtaltlarlCa FOR FURPiD9E8 aF nEr9tMINMn i (:AhE ISAPPROPRATE FOR MEdAT(N1 A nn W1RIIE8INYEAnURRENT. WYE9, ai TNT ~T REIATUN6MP ^EMFl.OYal-Ij.IPLCYEE ^FRIEND/NEttiBCR ^oTNERIsI@ISLI) RaATlars ^~ ®~ ^ ~~ ^ elANE6$ B. n0EB T1E BfATUfE t1DVERMNn TW6 GASF PROVBIE FOR PAYMENT 6 FFcS !r `I_~. USE1Na6PACETOALERfT1EC0URTT)ANr SPH7ALCAS,ECINRACrERL5NCS TNTYAY W V IRiW rINnIYIgJAL MMIIREAENf ORAOCELERATEn paPOaTK]N: RECEIVED and } n0Y000RYgat CUEfJr NEW ANY / im nNi~91.RYACQ7hagnATKala9 IFYES. PtEASEInENTaYTNE v " ^ Y6 ®NC REnUESTEDACCOMM06ffKJN: N1LLAN aJTERPREIER BE NEEOEnY ^Y~ ®Np IF YE6, FOFt VNNT LANnUAGE: ATT]WtYSKaN TURE ~ f ~ uw Drn to R.vY..,l„Y 200,E --~ CIVIL CASE INFORMATION STATEMENT ao ~ (CIS) Use for 1ni0a1 pleadings (not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) Track 7 - 160 days' dscovery 151 NAME CHANGE 175 FORFERIJRE 302 TENANCY 398 REAL PROPERTY 502 BOOKACCOUNT 503 COMMERCULLTRANSACnON 505 OTHERINSURANCE CLAIM(INCLUDING DECLARATORYJWGMENTACTIONS) 505 PIP COVERAGE 510 UM Or UMA CLAIM 571 ACTION ON NEGOTWBLE INSTRUMENT 698 CONTRACT 801 SUMMARYACTION Track II - SOO days' discovery 305 CONSrRUCT10N 509 EMPLOYMENi(o0larthen CEPAwLAD) 802 ASSAULTAND BATTERY 803 AUTONEGLX;rTlCE-PERSONALINJURY 805 PERSONAL INJURY 610 AUTO NEGLKiENCE-PROPERTY DAMAGE 899 TORT-OTHER Treek tll - 450 days' discovery 005 CMLRIGHTS 301 CONDEMNATKX4 804 MEDICAL MALPRACTICE 808 PRODUCT LIABILITY 807 PROFESSIONAL MALPRACTICE 80B TOXICTORr fKIB OEFAMATX]N 818 WHISTLEBLOWER/CONSCIENTIOUS EMPLOYEE PROTECTIONACT(CEPA)CASES 817 INVERSE CONDEMNATION 818 LAWAGAINSTDISCRIMINATk)N (lAD)CASES Treck N - Acdve Case ManagemaM by Individual Judga /460 days' dscovery 15b tlvVlhOlvMEIV iALWVERNGc Ln7(iAIIOIV 234 FRTPLYWOOD LITIGATION 245 ACTIONS UNDERFEDERALY2KACT 303 MT. L411RP1 505 COMPLEX COMMERCl4L 813 REPETRIVESTRESS SYNDROME 701 ACTIONS IN UEU OF PREROGATNE WRIT Mass Tort (Treck M 240 DIET DRUG 241 TOBACCO 243 LATEX 246 RE2lAJN 801 ASBESTOS 611 BREAST IMPLANT CASES 812 BLOODCLOTnNG SERUM 999 orHER(eaeaydeaalbanaa,reaacaon) if you belkve this case requires a track other than that provided above, please Indicate the reason on Side 1, In the space under "Case Chareeterlstlp." ANAPOL, SCHWARTZ, WEISS, COHAN, RECEIVED and FELDMAN & SMALLEY, P.C. BY: SOL H. WEISS, ESQUIRE FlLED DAVID JACOBY, ESQUIRE DEC 2 q 2004 GREGORY S. SPIZER, ESQUIItE 1040 Kings Highway North A~NnC COUNTY Suite 304 Cherry Hill, NJ 08034 ~W ~810N (856) 4821600; Fax (856) 4821911 Attorneys for Plaintiffs IN THE SUPERIOR COURT OF NEW JERSEY LAW DIVISION, ATLANTIC COUNTY WAYNE LOGUE, Executor of MAY; ~j ,{, • ~ - (~j M I the Estate of WILLIAM E. . RAUDENBUSH, Deceased and WAYNE LOGUE, Ia His Owu Right, Case Code Number: 619 Plaintiff(s) vs. ABBREVIATED SHORT FORM MERCK & CO., INC., COMPLAINT FOR VIOXX LTTIGATION Defendant JURY TRIAL DEMANDED 1. Plaintiff for his/her claim against the Defendant states and alleges as follows and incorporates by reference the relevant portions of the Master Complaint on file entitled: In Re: Vioxx Litigation Case Code Number 619, now pending in the Superior Court of New Jersey, Law Division, Atlantic County before the Honorable Carol E. Higbee, J.S.C. Plaintiff selects and indicates by checking off the appropriate boxes, those claims that aze specific to his or her case. Where claims require, pursuant to New Jersey law, specific pleading or case specific facts and individual information, plaintiff shall add and include them herein. • i 2. Plaintiff, Wavne Lo¢ue (hereinafter referred to as "Plaintiff'), is the duly appointed Executor of the Estate of William E. Raudenbush (hereinafter referred to as "Decedent"). Decedent was an individual who resided at 1302 ICingslev Road. Camn Hill, in the State of Penns ]vania. 2A. On or about January 4. 2003 (date), PlaintifJ's Decedent suffered the following injury(ies) as a result of ingesting Vioxx: 2B. Plaintiff brings this action: X on behalf of himself or herself. X as the representative of William E. Raudenbush. as the parent and natural guazdian ad litem of a minor bom on X as Executor of the Estate of Plaintiff' William E. Raudenbush (hereinafter "Decedent", see Letters of Administration annexed hereto as Exhibit A), who died on January 4.2003. 2C. Plaintiff claims damages as a result of: ._ X Wrongful Death X Survival Action X Loss of Consortium (per quod) X Loss of Services X Economic Loss Y Plaintiff asserts the following additional theories of recovery against Merck & Co.,1nc.: * If you include additional claims against entity(ies) other than Merck & Co., Inc., the facts supporting this count must be specifically pled by the plaintiff and the defendants against who they are alleged must be identified on a separate sheet of paper attached to the Complaint. * If you ha0e included any additional theories of recovery, to the extent they require specificity in pleadings, the specific facts and allegations supporting these theories must be pleaded by the plaintiff in a manner complying with the requirements of the New Jersey Rules of Court. DEMAND FOR JURY TRIAL Demand is hereby made for a trial by jury. `~S~ ,~.,. DAVID JACOBY, ESQUIRE GREGORY S. SPT7F.Ry ESQUIItE Dated: _ ~ 3 V ccu/~ doe ~{ CERTIFICATION PURSUANT TO RULE 4.5-I Plaintiff upon information and belief is not awaze of any pending or contemplated action. Further, upon information and belief, sheJhe is not aware of any other party who should be joined in this action. SOL H. ISS, ESQUIItE DAVID JACOBY, ESQUIRE GREGORY S. SPTZER, ESQUIRE Dated: ~ 3 yK~ ~~/ DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, Sol H. Weiss, Esquire, David Jacoby, Esquire, and Gregory S. Spizer, Esquire, aze hereby designated as trial counsel in this matter. `,,,z f ~ SOL H. WEISS, ESQUIRE DAVID JACOBY, ESQUIItE GREGORY S. SPIZER, ESQUIRE Dated: a3 0 ~~ CERTIFICATION OF NOTICE purFitant }n rr (.c.A_. «•g_?p. Piain.;4T;~ r++.^; r,.,,. ~ ..,,,.,. oftw;^ r-_._,_:-.. ,..., Jury Demand to the Office of Attorney General, Cn-006, Trenton, New Jersey, within (10) days of the filing of this Complaint and Jury Demand. `iii l~ L/~ SOL H. ISS, ESQUIRE DAVID JACOBY, ESQUIRE GREGORY S. SPIZER, ESQUIRE Dated: aJ Dew aoo ~ STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA EARNER STR,4SBAUGH Register for the Probate of Willa and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 8th day of December, Two Thousand and Four, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of W/LLIAMERAUDENBUSH late of LOWER ALLENTOWNSH/P /F rt, M.OJN, 4af1 ~ a/k/a W/LL/AMERAUDENBUSH/R in said county, deceased, to WA YNELOGUE ~,4 Mmr., v:p and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 8th day of December Two Thousand and Four. File No. 2004-01120 PA File No. 21-04- 1120 Date of Death 1/04/2003 S.S. # 211-26-7400 ---Aaa,~re. ~ ups ~.r- ` ` \ A I A LJ ~ epury NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL HIOSJD)HC LLN.l0Ya9) This h to certify that this is a tole copy of the record which is oa file in the Pennsylvanu Division of Vital Records in accordaaa with Act 66, P.L. 304. approved by the General Assembly, June 29. 1953. WARNING: R Is Illegal to duplicate this copy by photostat or photogre/p//h. ~• /ya..~..~.,. Chazles Hardester State Registrar M~ s 0333054 ~ > > ~ No. Date a,q.l«ar. un coanatlwrAt7x of reaanwx111.oaMalsattrorHaatrn.vtnu.gaooaos ,...,,,.,r cEnr ~oF oeATe -0 02 5 5 7 ~~ nnwar,aw auwlml r. r. ~'~ - HSlllas. ~8. -Raudanbueh,-~ Jr. - ~- ~-^ala '~-'-211 - 26 - 7400 ~~~ January 4, 2003 68 s A1934t 2 Twer Ci[y, PA •ir..Q au++,M® .oo1Q. - ~ ^ ,w+r.,^ a°e:+,t^ qY r Mw _ ~ ® - .. I)aupk¢n.:. ':.-Ftpt'riahsg 17arrieiasg Ibspital. IiTN..wNr^N'r~,«r'0"tl"" white www.rge~N •rtM rw~X « "'~ w^ - ederel Gavarvnent ut- w. 1 ifarried Jcan Huth i arYp awww,a-mur s ,n Penac7 vanla m : ,w.®w..rrr 1.oWL Allen ' ~ 1302 [1uHbley AOnd ,w'°I",., r„ - ~ ~ ;~ , w' ~ H111,: PA 17011. N""0~ ,n 4twbnrlauld `..rr, ~~ s 'Alia E.. Haudenbuah, ' Sn.' - a Stn zt mn ' - lNbra J. Lo a ..4716 -Br Charlae Road, llac dbur , PA :.17050 6u m~^ i«.nrNw^ orrN ~ o„„I,r. •. ,~ '. ~"eirp r ^ anuar2 8, 2003 Cata df'lleavw Ceaetaq- per A11en, 1rrp:, PA 17055 FD 13 60 L are ao a' d Yx~37070-0431 rNNY,Nar ~ retZl ru.r,a«rr 41,1 . - nfr w . N r. 2:30 a.m. - - Jatntary 4, 2003 ~ ri0 ~ - - I.C1; ; .: u..a..r..ww rr,«wwrwr«rrMw.r~..~r.. rrtrrNlr r ,raw . aaramrpN . .rr ..,'°~„_. Hypertensive cardiovascular dismse - AIOIINA .. U1t - e~ ~ K uF n'P N~~'nlniLi MiaR IVY rApIN~ aawnl ~ar6 sgn a«+ 0 «.+r ^ w ^ w^ ~ .O' a.D ~i.^ w O ... ^itl0i° ^ r.+w++.w.s, ^ w. rwr`+.a+ec w.. ^ mrrrrr.rr O ..w.« ' r: aw ra fM«a1MVeY~tl6wN.wlrpA,kYU«yrsmrMw,q.lrlYwq _ . r: ' •. . w«rNgww„y41.\p,~r,rr«~,Ii1M~rnwr~,L ...................:...................:.......... O '~gXWYnNOm111YY0,MYama/IY,,.MOI~Pe.+..YOmM1~.1s~MObawlYr, J 6 2003 wwrrNgw+~w.ra«w~,rr««..rr.rw..wwr«,~.ror...e...w .......................... ^ - _ m wr q.« "OALf"""O°10A'" ~ q ~ e a m S. -Hetrlak Cororer -b11YrYMWwWYr~m"YM."rIN~+„~.arl~arwtlr«qW!„4 w,Mr.NYY«aN,IMM ~. t;r , rrara .... ,...... ......... ..:................... .. a.i271 S. 28th St., Ilarrisirn'g, PA 17111 -. ~ - ZL1 l~t I . _ .7 2eo3 ~ u ~ V STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 8th day of December, Two Thousand and Four, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of W/LL/AMERAUDENBUSH late of LOWER ALLENTOWNSH/P IFiG. MMRa ear! a/k/a W/LLIAM E RAUDENBUSH /R in said county, deceased, to WA YNELOGUE lR'R M;daa. [wq and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 8th day of December Two Thousand and Four. File No. 2004-01120 PA File No. 21- 04- 1120 Date of Death 1/04/2003 S.S. # 211-26-7400 -A'eg~sta a s n ~~.~ eputy NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL I, RILLI711[ i. RaODEHBD88, of the Borough of Camp Aill, Cumberland County, Pennsylvania, declare this to be my Last hill, hereby revoking all prior wills and Codicils. FiRST: I direct that the expenges of my last illness and funeral bs paid out o! my estate as soon after my death as is convenient and expeditious in the judgment of my 8xecutor, hereinafter named. SECONDz I give, devise and bequeath my entire estate to my beloved wile, Joan L. Raudenbush, provided she survive ms by a period of thirty days. THIRD: Should my wife, Joan L. Raudenbush, predecease me or die on or before the thirtieth day following my death, then and in that event, I give, I;' devise and bequeath my entire estate as follows: ii a. one-seventh (i/7) to my daughter, Debra J. ~' Logue. b. One-seventh (1/7) to my son-in-law, Wayne ,: Logue, on condition he is married; with no divorce pending, to my, daughter Debra J. Logue. c. One-seventh (1/7) to my granddaughter, ' Nicolette Logue. e. One-seventh (1/7) to my granddaughter, Joni ~ .. Logue. .. ~ f. One-seventh (1/7) to my daughter, Darlene Sisenhuth. q. One-seventh (1/7) to my son-in-law, Shane Eisenhuth, on condition he ie married, with no divorce pending, to my daughter, Darlene Efsenhuth. h. one-seventh (1/7) to my granddaughter, Victoria Dewalt. ~i FOLtRTH: All estate, inheritance and other death c**wv~e~ ~i taxes, together with any interest and penalties payable ""N Of~"' iii with respect to property or interests therein subject to •~ M ~i taxation by reason of my death and whether passing under ,iwu PA It020 {~ ~ aai a•~. ..vUS ..a. uv CM I31 IY1 pYOY ~) l l' 1~ :; :~ i~ ~~ .' ~! nmmci~nn nernnao my will or any codicil thereto, or otherwise, including jointly held and other non-testamentary property shall be paid out of the principal of my residuary estate without apportiotlment. FIFTH: I hereby nominate, constitute and appoint my son-in-law, Wayne Logue, Executor of this my Last will. Should my son-in-law, Mayne Logue, be unable to so serve for any rsason whatsoever, then and in that event, I nominate, constitute and appoint my daughter, Debra ~. Logue, Executrix o! this my Last Will. I further direct that they shall not be required to post any bond to secure the faithful performance of their duties in the Commonwealth of Pennsylvania or in any other jurisdiction. IH WITN88S WHBREOF, I have hereunto set my hand and seal to this my Last Will, which consists of two (2) sheets of paper, dated this ~q~ day of February, 1999. ~A/~ ~( C~~~~(SEAL) 1 lies 8. 8su snbush The writing contained on this and the one preceding page was signed and sealed by *iilliam a. xaudanbush and by him published and declared as him Last Will, in the presence of us, who hays hereunto subscribed our names as witnesses at his request, in his presence, and in the presence of each other / (. i ~ ua a srortr ow+aa Ar.err at l+. s a Mriw sr. P.4 O~aINr 1!f D~nosrR M 17010 ~.. .~. rv... a.a-..v a~m ~i~ Dui ovou AaGrtl1.lLLr EACItCJJ IQJ U4 ,; i. i~ 0. lOD7T 171AM0t Allearey at tar l i Mertif St -.0. CrTrv IS9 Ornem~ PA 1703A COI4MONWEALTH OF PENNSYLVANIl1) )SS COUNTY OF PERRY j I, lliliiaa s. aaudssbush, testator, whose name 1s signsd to the attached or foregoing instruaent, having been duly qualified according to law, do hereby acknowledge that I signed and executed the inatru>oent as mY Last Will; that I signed it willingly; anfl that i signed it as my free and voluntary act for the purposes therein expressed. ~~~~~~ SWORN or affirmed to and acknowledged before ne by, 1-iliias E. Raudeabush, testator, this/4* day of February, 1999. r-loralw. sEAt '~ Rural EtEM+01t oUNixuNt hktary PubRt Dunaonnai lore. Pony Counly, PA ~' IAY Cenedr/oe Eyi4a May 1B, 3001 .. __. _,.. ___. ~_. _.. ..... .r. ...r .. ~..v ^-„a r..nn asraaau COrOtONwEALTR OF PENNSYLVANIA) )SS COUNTY OF PERRY ) witnesses w ose names are s geed to the attac e ~~ the foregoing lnstrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as hie Last Will; that 111111am E. Baude22bash signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. SWORtI or affirms to and ubscribed to before me b ~, . and ,witnesses, this ~+ day of F ruary, 1999. r ParAau sEu !UM EIEAMOp O{RfiYUM,. Newry PLbOc Oumm~nee aro, Prey CauMy, PA Nyr Geeewlrfon 6~ee Ma/ 1!, 2001 0. SODT~ QlAMBI NMny a< Lnr 5 S. Msket Sf. 1.Q Owwer tie Wmnnap M f7010 1~ V ~ I RELEASE OF ALL CLAIMS I CLAIMANP Name pmt Middle l.mt William E. Raudenbush (deceased) Suit Address 1302 Kingsley Rd. City Stale Zip Camp Hill Pennsylvania 17011 1 / 9 / 2008 Social Security Number 21 I-26-7400 Date (month) (dey) (yer) DERIVATIVE CLAIl~IANTS (If none, check here: a) pirst Middle Lasl Name Wayne Logue Suit Address l20 Lae Dr. City State Zip M ville P lvania 17053 1 / 9 / 2008 Social Security Number 189114-0882 Date (month) (daY) b~) ~~ CLAIMANT'S COUNSEL Law Firm Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C Raudenbush (deceased), William E. 1063314 215537 RELEASE OF ALL CLAIMS I, the undersigned Reloesoy am a pla'vrtitfor tolling agreamerd claimant in the Merck & Co., Inc., a New Jersey corporation ("Merek'~, Prodtxxs Liability Litigation. 1 have enrolled to participate in the program (the "PL91Q4II!'7 set forth in fire Settlement Agreemem (the "t'~ dated as of November 9, 2007. I understand that the forms of the Agrtxmad govern the resolution of my claim. I Rather understand that, in order to submit my claim into the Progrem under the Agreement, I am requhed to submit a release of any and all claims I and the other Releasing Parties (as defined urtda" 1Re aeaes° below) have, or may have in the fintve, against the Released Parties (as defined untkr" Ito ~ se "below) concerning and/or connoc7od with VIOXX (sometimes refened ro as "Vioxx" a "rofecoxib'~ ("VIOXX"1 and/or with any injury I (ar~/or arty other Releasing Party) have ever claimed, or may at any lima in the future claim, V[OXX catered in whole a in part. Accordingly, in comiderotion for Merck's agroemem to establish the Program, the significant expenses being incurred by Merck in camrection with the Program, Merck's waiver of defenses (except as mfiected in the Program criteria themselves) solely in the context of the application of the Program, aad the opportunity to submit my claim iMO the Program, I hereby give and make the following releases, waivers, echrowledgemonts and agroonrems for the benefit of the Released Parties (this "jtelease'~. This Release is also entered imo by airy Derivative Claimmt (as defined under "Relr~" below) who executes a signature page hereto, in which case the agreement of such Derivative Claimazrt set forth on its sigrrattne page is in~rporated in, and is part of, this Release. By signing this Release, both t and any such Derivative Claimant understand and knowledge that there is no assurance as to the amount, if any, of payment to be made to any claimant under the Program, and this fact shall in rte way affect flu validity or effect of this Release. 1. Releases (a) On my own behalf and on behalf of each other Rokasing Party, I hereby knowingly and voluntarily release, remise, acquit and forever discharge the Released Parties from (i) arry and all rights, remedies, actions, claims, demands, causes of action, suite at law or inequity, verdicts, suits of judgmerrts and/or Liens (as defined under "~ng and Other Third-Party Paver Claims" below), of any kind whatsoever ("Claims', which I or arty other Releasing Party may have evv had, may now have or at any time hereafter may have against any Released Party and (ii) any and all debts, liabilities, obligations, covenants, promises, contracts, agreements and/or obligations, of any kind whatsoever ("frjabilities,~, which any Released Party rosy have ever had, may now have or at any time hereafter may have tome or any other Releasing Party, in the case of clause (i) and clatrae (ii), to any extent, or in any way, arising out of, relating to, resulting from and/or connected with VIOXX and/or with any injury 1(and/or any other Rekasitrg Party) have aver clahned, or may at any time hereafter claim, V[OXX caused in whole or in part. These Gaims and Liabilities are tfie "Released Claims and ' iii' " (b) The term "Released Parties" means all the parties, past, present and/or future, in any way and/or at arty time connected with VIOXX and/or with any injury T (or any other Releasing Party) have ever claimed, or hereafter claim, VIOXX caused in whole or in part, including, but not limited to, Merck, all named defendants in any pending action corxxaning VIOXX and/or any such injury to Raudenbush (deceased), William E. 1063314 21SS37 which I am (and/or any other Releasing Party is) a party, end all those who may have acted in concert with Merck, together with their respective insurers. These parties, past, present and/or future, in any way and/or at any time connected with VIOXX and/or with arty iry'ury [ (or any other Releasing Party) Nava ever claimed, or hereafter claim, V[OXX cat>.sed in whole m in part, also includq but era rat limited to, manufacturers; suppliers of materials; distn'butors; other petrans involved in development, design, maratfacture, formulation, tasting, distn'Mrtioty marketing, labeling, regulatory submissions, advertising and/or sale of any product; physicians, pharmacists and other healthcare providers; sales representatives; pharmacies, hospitals and other medical facilities; advertisers; manufacnuers of other products that I used beforq while or after taking VIO3IX; the respective past, preserd, and/or firture parents, subsidiaries, divisions, affiliates, joint venturers, predecessors, successors, assigns, and transferees of the parties referred to in this paragraph; and the respective past, present md/or future shareholders (or the equivalent therero), directors (or the equivalent thereto), officers (or the equivalent thereto), rumagars, Principals, employees, consultants, advisors, attorneys, aganb, servants, representatives, heirs, trustees, executors, estate administrators and personal representatives (or the equivalem theteto) of the parties roferted to in this paragraph. (c) The term "Releasina Parties" ntesns (i) myself and (ii) any and ail persona who have or assert the right to'sue Merok or any other Released Party, independently, derivatively or otherwise, by reason of their personal relationship with me, and/or otherwise by, through or under, or otherwise in relation to, me ("Aerivative Claimants'7. Derivative Claimants include, but are not limited to, my heirs, benofaiaries, surviving spouse (including, but not limited tq a putative or common law spouse), surviving domestic partner and/or r~rct of kin, if any. (d) I acknowledge thaz I (artd/or arty other Releasing Patty) may in the fumro team of additional and/or different Cacts as they relate to VIOXX, the Released Parties' activities as they relate to VIO3tX, and/or any injury I (and/or any other Releasing Party) have ever claimed, or may at any time in the future claim, VIOXX caused in whole or in part. 1 understand and acknowledge the significance and consequences of releasing all of the Ralonaed Claims and Liabilities and hereby (on my own behalf and on behalf of each otlrer Releasing Party) assume tall risk and responsibility for any and all such additional and/or different tluxs and any and all Reieasal Claims and Liabilities that I (and/or arty other Releasing Party) may Ixtainatter incur or discover. To the extent that any law, statute, ordinance, rule, regulation, case or other legal provision or authority (each, a"I~w'7 may at any time purport to preserve my and/or any other Releasing Party's right to hereinafter assert arty such unlmown and/or unanticipated Claims and/or Liabilities, I hereby (on my own bchalf and on behalf of each other Releasing Party) specifically and expressly waive (to the fullest extort permitted by applicable Law) each Releasing Patty's rights under such Law. 1 further acknowledge having had an opportunity to obtain advice of counsel of my choosing regardmg this waiver, and having disatased it with such counsel to my satisfaction. (e) On my own behalf and on behalf of each other Releasing Party, I acknowledge and agree that the re}eases set forth in this Release are irrevocable and unconditional, inure to the benefit of each Released Party, and are intended to be as broad as can possibly be created. IINpNN~II~~INNINr~I~II~NIMIN~~NN Raudenbush (deaaxA), William E. 1063314 215537 (f) WITHOUT LIMITATION OF THE FOREGOING, THIS RELEASE IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT I3 ALLEGED, CHARGED OR PROVED THAT SOME OR ALL OF THE RELEASED CLAIMS AND LIABILITIES ARE CAUSED DY WHOLE OR IN PART BY THE NEGLIGENCE, NEGLIGENCE PER SE, GROSS NEGLIGENCE, BREACH OF WARRANTY, VIOLATION OF LAW, DEFECTIVE PRODUCT, MALICE, AND/OR CONDUCT OF ANY TYPE BY MERCK, ANY OF THE OTHER RELEASED PARTIES, ANY RELEASING PARTY AND/OR ANY OTHER PERSON. THIS RELEASE IS SPECIFICALLY INTENDED TO AND DOES INCLUDE, BUT IS NOT LIMITED TO, A RELEASE OF, AND COVENANT NOT TO SUE FO& ANY WRONGFUL DEATH CLAIM THAT MAY BE BROUGHT AT ANY TIME BY OR ON BEHALF OF ANY OF THE RELEASING PARTIES IN CONNECTION WITH ANY OF THE FACTS, EVENTS AND/OR INCH)ENTS THAT GAVE RISE TO ANY OF THE RELEASED CLAIMS AND LIAB[L[TIES. 2. At[onevs' Fees: Divbioa of Anv Settlement Pavmoat I understand that the Released Parties are not responsible for arty attorneys' fees or costs I have incurred or may at any time incur, including, but not limited t0. entering into this Release and any other documents. [understand that, with respect to arty payment that may be made to me under the Program (a "Settlement Pavmant'~, any division of such Settlement Payment between mq any Derivative Claimant executing this Release and our respective counsel (if atry) executing a Certification of Counsel attached to this Release shall be determined by me and such other person(s), and such division, or any dispute in relation m such division, shallln rp way affxt the validity of this Release. 3. Parsalt of Certain Chh tZs. I agree that I will never (i) take any legal or other action to initiate, pursue or maintain, or otherwise attempt to execute upon, collect or otherwise enforce, any of the Released Claims atxl Liabilities of or against any Released Party, (ii) institute or participate in any aw legal action against any Released Party to any extettt, or in any way, arising out o>y relating to, resulting from ardor connected with VIOXX and/or with any injury I (and/or any other Releasing Party) have ever claimed, ~ may at any time hereafter claim, VIOXX caused in whole or in part or (tin atterttpt>b exacuto or collect on, or otherwise enforce, any judgment that may be entered against any Released Petty in any legal action described in clause (ii) or my pending legal action against Merck. 4. Lkns and Other Third-Party Pavor Claims. (a) I agree that prior to the first time, if arty, that a Settlement Payment is made to me, I shall identify to Merck and to the Lien Resoluton Administrator for the Program all govert»netttal authorities that are Third Party Providers/Payors (as defined below) known to me [o hold or assert arty lien, pledge, charge, security iMerost, assigrtmem, encumbrance, subrogation right, third-party interest or other adverse claim of any nature whatsoever (" ien'~ pursuant to any applicable statute with respect to arty SatdemeM Paytrtent (and/or the right to receive such Settlement Payment), through procedures and protocols to be established by the Lien Resolution Administrator, subject to approval by the Claims Administrator for the Program. Raudenbush (doaased), William E. 1063314 215537 (b) A `"third Partv Provider/Pavor" is atry provider or payor (public or private) of (i) health, hospital, modical, physician, healttrcare and/or pharmaceutical services, produGS or expenses and/or (ii) arty other forth of compensation, including, but not limited to, tkderal and state govanmemal authorities (or orbs persons) providing Medicare and/or Medicaid services or benefits. (c) I understand and acknowledge that satisfaction a~ discharge of arty end all Lions with respect to any Settlamem Paymem (and/or the right to receive airy Settlement Payment) is the solo responsibility of me, any Derivative Clalmam executing this Release and our respective counsel (if any) executing a Certification of Counsel attached to this Reieese end must, in relation to all governmental autlrorities that are'ilrird Party Providers/Payors who told or assert any Liens pursuant to airy applicable statute, be establiahod to the seasthction of tiro Claims Administrator and Merck before any Settlement Payment (if any) can be disbursed to me. (d) Prior to the fast time, if any, ttret a Settlemem Payment is made to me, I shall, jourtly and severally with arty Derivative Clairrumt exaxrdng this Release (end with our respective coureal (if any) oxacudng a Cartifiauion of Counsel attached to this Release), represent and warrsm that arty and all Liao with respect to any and all Settianem Paymenu (and/or the right to receive arty and all Settlement Payments) have ban satisfied and discharged. Furthermore, upon request to the Lion Resolution Administrator, Merck shall be eatitlad to proof of satisfaction and discharge of arty or all such Liens. pursuem to any applicable statute in relation to all governnwmal authorities drat ere Third Party Providers/Payors. (e) In addition to and without limitation of the foregoing, I hereby agreo, jointly and severally with any Derivative Claimarn executing this 1Zelease (and with our respective counsel (if any) executing a Certification of Counsel attached to this Release), to indemnify and hold harmless the Merck Released Parties (as defined below) from end against (i) any and all Claims made or asserted at any time against erry Merck Released Party by (x) any Third Party Provider/Payor in relation 10, (y) arty parson ar arty dmo raiding or asserting arty Lien in relation to and/or (z) any other parson ar arty time claiming by, through or under, me or any Derivettve Claimam executing rids Relaesa, with respect to ar4' finding payment by or for the account of Mack wrier tlw Program ardor any Settlement Payment (and/or the right ro raeive any such Seabmant Payment) and (ii) airy end all damages, losses, costs, expenses (including, but not limited t0. legal foal and expenses) and~a Liabilities incurted or suffasd by, or imposed on, any Mack Relasad Pariy in tonrwction with, arising out of or resulting from any Claim dexritwd in clause (i) of this sentence (including, but not limited to, any amount paid or to be paid in sadsfircdon of any such Claim). (t) The tarn "Mack Released Pmtiea" means (i) Merok end (ii) ell other Released Parties, past, present and/or firlure, in arty way and/or any time related to Mack, including, but not limited to, Merck's past, presort and/or furore parents, subsidiaries, divisions, affiliates and joim vamurers; the respective past, presam and/or fimue predecessors, suceessors, assigns and iransfarces of the parries referred to in this paragraph; and the respective past, presem and/or fimue insurers, shareholders (or the equivalert thereto), directors (or the equivalent theroto), officers (or the equivaart dwreto), managers, Principals, employees, consultarrts, advisors, attorrroys, agents, servants, represamatives, twin, trustees, executors, estate administrators and personal raprosentativos (or the equivalent thereto) of the parses reforred to inpt~his paragraph pp (~~~~~~~~~pp~~~~~IN Reudcnbush (deaaud), Wi3liem E. 1063314 215537 5. Indemni8ca8om for Released Claims sad I.iabtlitiea. (a) I hereby agree, jointly and severally with any Derivative Claimant exewdng this Release, ib indemnify and hold harmless each Released Party from and against (i) any and sll Claims that may be asserted, made or maintained at arty time against any Released Party by, on behalf of or for the benefit ot; or otherwise through or under, any Releasing Party with respect to any of the Raloasad Claims and Liabilities and (ii) any and all damages, losses, costs, expenses (including, but not limited to, legal foes and expenses) and/or Liabilities incurred or suffered by, or imposed on, any Releexd Party in connection with, arising out of or resulting from any Claim described in clause (i) of this sentence (including, but not limited to, any amount paid m to be paid in satisfaction of arty such Claim) and/or, without limitation of the foregoing, arty breach by me (or arty Derivative Claimannt executing this Release) of any of the terms of this Release. (b) Without limitation of the foregoing paragraph, I further agree, jointly and severally with any Derivative Claiman[ executing this Release, tD indemnify and hold harmless the Mack Released Parties from and against (i) anry and all Claims made or asserted (prior to, on or after the date of my claim under the Program) against any Merck Released Party by any Released Party that is not an Merck Released Party (a "Non-Merck Released Partv'~ arising out of any Claim made a asserted at any time by me and/or any other Releasing Party against any Non-Merck Released Party to any extent, or in any wey, arising out of, relating to, resulting from and/or connected with VIOXX and/or any injury I (and/or any other Releasing Parry) have ever claimed, or may at any time hereafter claim, VIOXX caused in whole or in part and (ii) any and all damages, losses, costs, expenses (including, but not limited to, legal fees and expenses) and/or Liabilities incurred or suffered by, or imposed on, any Merck Released Party in connection with, arising out of or resulting from arty Claim described in clause (i) of this sentence (including, but not limited to, any amount paid or tb be paid in satisfaction of any such Claim). (c) Merck has the right to setoff all or arty portion of arty amoum payable to any Merck Released Party pursuant to the indemnification provisions of the Release against an equal amount of any SeWement Payment. 6. Coa/ldemtisiity. I agree to maintain in confidence, and shall not disclose to any person, the amount of any Seffianent Payment (if arty), except as may be required by applicable Law; Qrovided. that I understand that [may disclose such informaton to my immediate family members and to my counsel, accountants and/or financial advisors, if any (each of whom I shall, upon such disclosure, insnuct to maintain and honor the cenfidemielity of such information). I agree that if 1 breach this confidentiality provision, money damages would not be a sufficient remedy and, accordingly, without limitation of arty other remedies that may be available at law or in equity, Merck shall be entitled to specific performance and injunctive or other equitable relief as remedies for such breach. 7. Medical DocameataNon AathorL9atbm. I have author'ved my conmsel to obtain and supply (or if I am rat represented by counsel, I will obtain and supply) [o Merok, the Claims Administrator, the Lien Resolution Administrator, the Special Master (and arty Deputy Special Reudenbush (deceased), William E. 1063314 215537 Master) for the Program, the Chief Administrator for the Program, members of the Gate Committee for the Program, all other persons provided for under the terms of the Agreement to consider claims, and their teapectlve attorneys, agents, servants, employees and independent auditors and others deemed necessary by each to assist them, file medical or other documentation roquired for approval of an award under the Program along with any and all authorimtions for the release of medical records required'm my P.nrollmerrt Form under the Program or that may be requirod by a provider of such documentation, including, but not limited to, a spocific authorization required by a particular hospital, pharmacy, physician or any other source of documentation. [ agree m cooperate fully in providing any authorization for the release of records requested in tfie Program. I also authorize the foregoing parsons to have access to my medical and other documentation available in arty electronic depository through which Merck delivers medical records it collects by way of authorization or subpoena to cotmsel for plaimiffs in the VIOXX litigation. g, ~+* ~'r+r`P*s~*rr 7F COMPREHENSION• NO GUARANTEE OF PAYMENT. I AM ENTERING HVTO TH[9 RELEASE FREELY AND VOLUNTARILY, WTfHOUT BEING INDUCED, PRESSURED OR INFLUENCED BY, AND WITHOUT RELYING ON ANY REPRESENTATION OR OTHER STATEMENT MADE BY OR ON BEHALF OF, MERCK OR ANX OTHER PERSON. I UNDERSTAND AND ACKNOWLEDGE THE NATURE, VALUE AND SUFFICIENCY OF THE CONSIDERATION DESCRD3ED IN THE SECOND PARAGRAPH OF THIS RELEASE. I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE AND THE AGREEMENT, AND I HAVE HAD AN OPPORTUNITY TO OBTAIN ADVICE FROM, AND ASK QUESTIONS OF, COUNSEL OF MY CHOOSING REGARDING THE TERMS AND LEGAL EFFECT OF THESE DOCUMENTS AND MY DECISION TO ENROLL TO PARTICIPATE IN THE PROGRAM. I FURTHER ACKNOWLEDGE THAT I HAVE DLSCUSSED ALL THESE MATTERS WITH THE COUNSEL TO ME EXECUTING A "CERTIFICATION OF COUNSEL^ ATTACHED TO THIS RELEASE, AND SUCH COUNSEL HAS ANSWERED ALL MY QUESTIONS TO MY SATISFACTION. 1 FURTHER ACKNOWLEDGE THAT I UNDERSTAND THLS RELEASE AND THE AGREEMENT AND THAT THERE [S NO GUARANTEE THAT I WH.L RECEIVE ANY SETTLEMENT PAYMENT OR, IF ANY SETTLEMENT PAYMENT IS MADE, THE AMOUNT THEREOF. 9. Waiver of Certa±n Provisbna R~ardias Timine of Aav Pgvme°ts°ts. If I have any civil action pending in any Jurisdiction firer has mected, promulgatod or otherwise adopted any Law containing provisions that establish specific time periods within which aettlemem funds, if any, must be paid to me in conrectlon with the settlement of such evil action and/or impose sanctions, penalties or similar obligations against the paying party if the settlement funds era not paid within such time periods ars!!or invalidate or otherwise effect the terns of the settlemem of such civil action (including, but not limited to, Pennsylvenla Rulo of Civil Procedure 229.1), I hereby (i) specifically and expressly waive (to the fullest extent permitted by applicable Law) my rights under any such provisions and (ii) agree that paymem of any Settlement Payment shall be made solely in accordance with the temts and conditions of the Program. 10. No Admission of Fault. I tmderstarrd and agree that Merck has entered into this Release and the Agreement solely by way of compromise and settlement. These documents are not, and shall Raudenbush (deceaxd), William E. 1063314 215537 not be construed at any time to be, an admission of liability, responsibility or fault of or by Memk or any other Released Party. 11. Reorneotatloas aad Warraatks [hereby ropresatlt and warrant that: I have full power, authority and capacity to Omar into this Release, which is enforceablo in accerdance with its toms. F,rccept ea set forth in the second aemence under "p`ttomevs' Fees: Division of Anv Settlement Payment" above, I have the sole right to receive any and all Settlemem Paymalts, if arty, with respect to my claim under the Program. Neither I nor any other Releasing Parry has sold, assigned, tmnsfi:rred or otherwise disposed o~ or pledged or otherwise etwumbered, any of the Released Claims and Liabilitlas in whole or in part. 12. GOVERNIlVG LAW. THIS RELEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF NEW YORK, WITHOUT REGARD TO ANY CHOICE-OF-LAW RULES THAT WOULD REQUIRE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. 13. ;~yenbWty, I agree that if any provision of this Release is edjudicatod to be invalid, illegal or unenforceable in any jurisdiction, the rolevam provision shall be deemed modified to the extern necessary to make it enforceable in such jurisdiction and, if it cannot be so modified, this Release shall be deemed amended to delete herofirom lira invalid or unenforceable provision, and this Release shall be in fttll force and etfad es so modified. Any such modification or amendment in any event shall apply only with respect to the operation of this Release In the particular jurisdiction in which such adjudication was made and shall not affect such provision in arty other jurisdiction. To the fiillest extent pemtitted by applicable Law, I hereby (on my own behalf and on behalf of each other Releasing Party) specifically and expressly waive any provision of Law that renders arty provision of this Release invalid, illegal or unenforceable in any rasped. 14. Le¢si ReorxsentatWes. If I am signing this Release as a legal representative of a VIOXX user, then (i) all roferencea in this Releaso to my use of, or injury from, V[OXX shall also mean the uae of; or injury from, VIOXX by or of such VIOXX user, all roferulces in this Release to any person claiming by, through or under, or in rotation to, me shall also mean arty person claiming by, through or under, or in relation to, such VIOXX user, and all references to ma in the definition of I)aivative Claimam shall also mean such VIOXX user, (ii) if such VfOXX user is not doceasod, he or sho shall also ba a "Releasing Party", (ih) if such VIOXX user is deceased, I am executing this Release both individually and on behalf of the estate of such VIOXX user, and (iv) prior td the first lima, if any, that a Settlement Payment is made to me, t will obtain judicial approval of this Release to the extant required under applicable Law. ['fhe remainder of this page is intentionally left blank] ~~~~~~~~~~~M~~~~IW~11 Raudenbush (decaau~, William E. 1063314 215537 IN WITNESS WFtF.REOF, l have executed this Release effective as ofthe date set forth under my name below: RELEASOR: By ~yru ~.r O-t -..{~Aa /F o><W ~iwt ~Qiu~i.~b..a b ~ Nam : William E. Raudenbush (deceased) AOorwrsiYoh~ Title: OF £S/w-!'a-. Social Security No.: 211-26-7400 Dated: ~-3 /-a8 NOTARiZATiON OF RELEASOR'S SIGNATURE STATE OF 1 (E.f' Y~I A COUNTY OF ~ A1v, (~~)Lth6`- S"S.: ~ ~ ~ I hereby certify that on ,)c, w. ~ ,"„) 3 I , 200d_, u.`~i1~ 1C~ ~~ aa>..d-~ n ~h personally came before me and acknowledged under oath to my satisfaction that this person: (a) is named and personally signed this documem; and (b) signed, sealed and deliver this documern as his or her act and deed. / t_ Notary Pub is of S o` f~~~Z.SI 2~P ~ PENNSY ygN1A ~P ~W~ ~ ~ ~4 2009 d Notarise t~.,s.., ~.. _.. ... I~~~M®1~111~I~I~I~~p~INNNIII Reudenbmh (deaaae~, William E. 1063314 215537 OF COUNSEL (COUNSEL FOR RELEASOR) I, , heroby roprosent and declare that ("jteleasor'~ has at all rolevant limas beon roproaental by the undersigned counsel. I have provided Releasor a copy of iha Release to which this Certiftwtion of Counsel is attached and have made available to Raleasor a copy of the Settlemalt Agroamont roforrod to in the Raloase (which copies include all attachments). I discussed with Releasor the temu and legal effect of aII of the foregoing documems and Releasor's decision to enroll to participebe in the Program (as defined in the Release), and I answered any and all questions Releasor may have had. I hereby certify that, having had a ftt11 opportunity ro read, understand, end Inquire of counsel about the terms and conditions of tfie forogoing doclmlellis, Releasor does not have, and I do not have, any objection to the teens of this Release or ally of the other foregoing documents. I further agree to be bound by the "Confidentiality" section in this Release oral my joint and several obligations to provide representations and warranties regarding the sadsfacdon of, and indomrdfication with respect to, I.im>s set forth under "Liens end Other Third-Party Payor Claims". BY COUNSEL FOR RELEASOR; By Name: Title: Dated: ~~~~~~~~~~~~~~~ to Raudenbush (deceased), William E. 1063314 215537 SIGNATURE PAGE AND AGREEMENT BY DERIVATIVE CLAIMANT I am a person having or asserting the right to sue Merck by reason of my relationship with Releasor (or, if Releasor is a legal representative of a VIOXX user, such VIO7IX user). I hereby enter irto the Raleeso to which this signatrne page is attached and agree to be board by all of its tornrs (and, without limitation, heroby give and make all releases, waivers, acknowladgomonts, agreemams, representations and warranties therein) on the same basis as Release set forth therein (including, but trot limited to, all joint and several indemnification obligations sot forth therein), This agreement is effective as of the date set forth beneath my Harm below. DERIVATIVE CLAIMANT: By Name: Way~i Logrre Title: Social Security No.: 189-04-0882 Dated: r - ~ 1- e 8 NOTARIZATION OF DERIVATIVE CLAIMANT'S SIGNATURE STATE OF tCar~c~yAtii~ ,COUNTY OFI.I.~~~~~" SS.: I hereby certify that on (~(.sh-Ltf..ry 'JJ ~ , 21M~ o ~Q personally came before me and acknowledged under oath to my satisfaction that this perm: (a) is named and personally signed this document; and (b) signed, sealed and deliver this document as his or her act and deed. ~ ,~~^~~' tary Public ofthe of ~ ~r 1t?A~ L'; ; , :. ~. t3reaeyO.Padce,tVgaryp~ i: t~ "~ . QarpFYBuo,q„,~talld v i .,, ~ ~~ ~ MYOclmsaslan BgpYeaAAr 52008 - a yyE f ~ - .' • ~ ~ Ma"~. ~aaftvama Aaedaacn 01 NogdN ..~ v l -n+~a.am..., c ..w.r. w...~n ~es ....... .... .......... ~~ .y .. r I~I~~I~~I~NN~~I~~M~II~IRI~ 11 Raudenbush (deceased), William E?. ]0633]4 215537 CERTIFICATION OF COUNSEL (COUNSEL FOR DERIVATIVE CLAIMANT) I, hereby represent and declare that ("Derivafive Claimartt'7 has at all relevant limas been represarrted by the undersigned counsel. I have provided Derivative Claimant a copy of the Release to which this Certification of Counsel is attached and have made available to Derivative Claimazlt a copy of the Settlement Agreement referred to in the Release (which copies include all attachrrrents). I have discussed with Derivative Claimam the terms and legal effect of alI of the foregoing documents and I answered any and all questions Derivative Claimant may have ham. 1 hereby certify that, having had a full opportunity m read, understand, end inquire of counsel about the terms and conditions of the foregoing documents, Derivative Claimant does not have, and 1 do not have, any objection to the terms of this Release or arty of the other foregoing documents. I fltrdlar agree to be bound by the "Confidemiality" section of this Release and my joint and several obligations to provide representations and warranties regarding the satisfaction of, and itulemnificationwIth respect to, Liens sd forth under "Liens and Other Third-Party Pavor ". BY COUNSEL FOR DERIVATIVE CLAIMANT: By Name: Title: Dated: ~~~~~~~~~~~~~pN~N~ 1z Rwdrnbush (deceme~, Willimn B. !063314 215537 Pal~nt fear First Middle Name Raadenbush (deceased) WiWam E Date of Birth 8 / 2 / 1934 Social Security 211-26-7400 (MooW/Day/Yaar) Number Litlgatloa Records Provide s) 1. I hcroby arrtharize the Records Provider(s) identified above m release all existing medical records regarding the abovo-named person's medical care, treatment, physical condition, and/or medical expmrses to BrownCfreer PLC, its agents, servants, employees and independent auditors, the medical or other documentation required to consider claims in the setdemem Program under the Settlemem Agraemem dated November 9, 2007 (the "Program"). These records shall be used or disclosed solaty in connection with the currorrtly pending Vioxx litigation or iha Program involving the parson named above. This Arrtlrorization shall cease to be effective as of the date on which the above-named person's Vioxx litigation or claim concludes. The Receiving Parties shall tenon or destroy the prdected health information hrclud' all oo ies made at the end of the above-named taco's liti ation or claim. 2. I understand that the health information being used/diaclosed may include information relating to the diagnosis and treatmem of Human Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS), sexualty transmitted disease and drug and alcohol disorders. 3. This Authorization also may include xtay reports, CT scan reports, MRI scans, EEGs, EKGs, sonograms, arteriograms, discharge summaries, photographs, surgery consent forms, admission and discharge records,. operation records, doctor and nurses notes ,(excluding psychotherapy notes maintained separately from the individual's medical record that document or analyze the contents of conversation during a private counseling session or a group, joint, or family counseling session by referring to something other than medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment famished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatrnent Plan, symptoms, progrrosis and Progress), prescriptions, medical bills, brvoices, histories, diagnoses, narratives, and any cortospondence/memornrrda and billing information. It also includes, to the extent such records cummiy exist arxl are in your possession, insurance rxords, including Medicare/Medicaid and other public assistance claims, Forms, statements, eligibility material, claims or claim disputes, resolutions and payments, medical records provided as evidence of services provided, end any other documents or things pertaining to services furnished under Title XVII of the Social Security Act or other forms of public assistance (federal, state, local, etc.). This listing is not meard to be exclusive. 4• I understand that inforrnafion disclosed purnrant to this Authorization may be subject to re-discl~ure by BrownGreer PLC to the Courts presiding over the Program, Merck & Ce., lac., the Special Master (and any Deputy Special Master), the Chief Administrator, members of the Gate Committce, and the Lien Resolution AdminisnaWr for the Progmm and all other persons provided for under the temis of the Agreement to coreider claims in the Program, and their respective attorneys, agems, employces, consultents, independent auditors, and experts (the "Receiving Parties', and others deemed necessary by the Roceivirrg Parties to assist in this litigation or claim and rosy no longer be protected by HIPAA. This will further authorize you to provide updated medical records, x-rays, reports or copies thereof to the above Receiving Parties until the cotrclusion of the litigation or claim. I understand that [have the right to revoke in writing my consent m this disclosure at any time, except to the extent thaz the above-named facility or provider already has ~~~~11~®~~~OO~MIIO~AI~III~11 Raudeabush (deceased), William E. 1063314 215537 Page I oft taken action in reliance upon this Authorization, or if this Authorization was obtained as a condkion of obtaining insurance coverage. I further understand that the above-named facility or provider cannot condition the provision of treatmem, payment, enrollment in a health plan or eligibility for benefits on my provision of this Authoriratlon. I further reserve the right to request the return or redaction of sensitive or ambartassing information, not emuure to the litigation or claim that is disclosed to the Receiv' Parties. 5. Any photostatic cropy of this documem shall have the same authority as the original, and may be substituted in its place. Copies of these materials are to be provided at the expense of the party sending you this Authorization. Date ~ ~ Signature (MoatfvDaynear) VV"" ~A OR RF.PRFSENTATIVE] Print Name It you are signing this Authorization as a representative on behalf of the patient identified at the top of this Form, describe your relationship to the patient and your authority to act on his/her behalf: You mast attach proper documentation (e.g., Power of Attorney, Letters of Administration authorizing you to act in this representative capacity. Raudeabush (deceased), William E. 11163314 215537 Page 2 of 2 Employee's Last Fiat Middle Name Raedeubash (deceased) William E, Date of Birth 8 ! 2 / 1934 Social Security 211-26-7400 (MoathlDay/Year) Namber --- Litigadon Case No. Records Provider(s) t. I hereby authorize dre Records Provider(s) idadified above to roleese all existing records end information in its possession regarding the above-named parson's employment, irtcwno and education to BrownGreer PLC, its agems, savants, employees and independent auditors, consider claims in the settlement Program under the Settlement Agreement dated November 9, 2007 (the "Program'. These records shall be used or disclosed solely in connection with the currerrtly pending Vioxx litigation or claim involving the person named above. This Authwiration shall cease to be affective as of the date on which the above-named 's Vioxx liti orlon w claim corrchdes. 2. [ understand that [iris Authorization includes the above-named person's complete employment personnel file (including attendance reports, performance reports, Wei forms, W-2 forms, medical reports, workers' compensation claims), and also includes all other records rotating to employment, past and present, all records related to claims for disability, and ell educational records (including those relating to courses taken, degrees obtained, and attendance records). This listing is not meant to be exclusive. 3, AnY Photostatic copy of this documem shall have the same authority as the original, and may be substituted in its place. Copies of these materials ere to be provided at the expense of the party sending you this Authorization. q, I understand that information disclosed pursuant to this Authorization may be subject to re-disclosure by BrownGreer PLC to the Courts presiding over the Program, Merck & Co., [ttc., the Special Master (and arty Deputy Special Master), the Chief Administrator, members of the Gate Committee, and the Lien Resolution Administrator for rho Prograrrr and all other persons provided for under the temrs of the Agreement to consider claims in the Program, and thaw rospxrove anomeys, agents, employees, consultatus, independent auditors, and experts (the "Receiving Parties', and others deemed necessary by the Receiving Patties to assist in this IiGgation or claim. Date ! ! Siguature (MoafilDaylYear) lPLO RREPR&SENTATIVE] Print Name If you are signing this Authorization as a representative on behalf of the employee identified at the top of this Form, describe your relationship to the employee and your authority to act on his/her behalf: You must attach proper documentation (e.g., Power of Attorney, Letters of Administration) authorhing you to act in this representative capacity. Raudenbush (deceased), William E. 1063314 215537 Page 1 of I ..~-~' BY: ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLEY SOL H. WEISS, ESQUIRE GREGORY S. SPIZER, ESQUIRE Identification Nos. 1.5925/82435 1710 Spruce Street Philadelphia, PA 19103 (215)790-4578 WAYNE LOGUE, Executor of the Estate of WILLIAM RAUDENBUSH, Deceased and WAYNE LOGUE, in his own right v. MERCK & CO., INC. 4 ~~~~ a~~ a~ ~ .~: ~~~9. F~ a~ a` Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Orphans Court Division 2004-01120 PROP,,~OSED ORDER~OF~DISTRIBUTION AND NOW, this ~` d y of i~~~'~t7"' 2009, upon consideration of Plaintiffs Petition to Approve Settlement and Distribution of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED as follows: (1) The allocation of the 40% interim payment from the Vioxx Settlement shall be as follows: A. Wrongful Death -Joan Raudenbush (90%) B. Survival Action -Joan Raudenbush (10%) (2) The sum of $121,334.40 represents the 40% interim payment from the Vioxx Settlement. The funds shall be distributed as follows: (a) To: Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. For Attorney Fees $38, 827.01 3 I~ (b) To: WRONGFUL DEATH CLAIM Joan Raudenbush $74,256.65 (c) To: SURVIVAL CLAIM Joan Raudenbush $8,250.74 TOTAL: $ 121,334.40 J. Debra Logue 1302 Kingsley Road Camp Hill PA 17011 Altn: 1-2-2005 RAUDENBUSH, WILLIAM vs. VIOXX Photocopies Total Expenses Page:1 September 29, 2009 Axount No: 215537-00 Statement No: 9257 Draft BIII 4.00 4.00 12/27/2004 FILING -ATLANTIC CTY CRTHSE 200.00 01/10/2005 COURIER SERVICE - (724) FEDERAL EXPRESS CORP. 7-936-58510 1-4-05 TO DEBRA LOGUE/SUE 12.43 01/102005 COURIER SERVICE - (724) FEDERAL EXPRESS CORP. 7-936-565101-05 TO ATLANTIC CTY CTHS/SUE 10.66 01/24/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL MERCK-MEDCO RX SERVICE 28.48 01Y27%2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL DR GEORGE HARHIGH 78.48 0210 8/2 0 0 5 FILING - (5938) FIRST CHOICE COURIER, INC. 130.00 02/14/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL HARRISBURG HOSP 85.77 02/17/2005 MEDICAL RECORDS - (11785) ZEROP MEDICAL CVS PHARMACY 26.48 08/03/2005 FILING - (12190) LEXISNEXIS COURTLINK, INC. 2-3-05/AMBER 12.00 10/29/2008 COURIER SERVICE - (724) FEDERAL EXPRESS CORP. / 8!14/08 -PAM TO WAYNE LOGUE IN CAMP HILL, PA 18.06 1 111 8/2 0 0 8 FILING - (2488) REGISTER OF WILLS 8.00 01/15/2009 PROTHONOTARY (10603) PROTHONOTARY OF CUMBERLAND 15.00 01/15!2009 INVESTIGATION - (8210) CHARLES JONES, LLC 10.00 03/12/2009 TRANSPORTATION - (10182) GREGORY SPIZER /2128/09 - PHILA TO CUMBERLAND CTY 6 BACK FOR CONFERENCE 120.09 09/22/2009 INVESTIGATION - (8210) CHARLES JONES, LLC 10.00 Tote! Advances 741.47 Total Current Work 745.47 Balance Due $745.47 Anapot, 9ckwattiz, VVeiaa, Cohen, )Feldman 4 Smalley, P.C. 40E Puk Boakvstd cherry Hel, New Jetxry o>tom ~g ~ A liII1DIN0 T at=°t- DOCUN~N'f, gEAD Cl' CARfiFiJLI,Y BEFORE YOU SIGN IT, AND KEEP A COPY FOR YOUR RECORDS. Due: 12-o4-a S~ >~e t ~~, ~ ~ ~~ Kevin Marciano, 9~f9te law tlttn of Attgrol, 8chwutz, Weise, Cohan, Fddmaa dt Stttalley, P.C., to proseatte a claim against Merck (Name ofDafmdaett). ~ ~~anypeGC~ ~ William Ratrdettbussltindrhe cause of action tQOSe o0 01-04-03 Glue). LWe ttxagrize dte fact that AnapoL Sehwatttt, ~~, Cohety Feldeun & 9ma11ey. P-G, has agreed, at atr mquesy m accept this employment as our attarneyc in this speaifio oLim without payment of any re[ainar &e and without paymmd of as hourly tee for dte iavntigadetne sad legal wale they will perfottn. l/VJe further retrofit,;+. the fiet that eouasel may not zecdve suy canpansation uAtatsoaver, and that ernmsel may be required m wait a ooasidetsble palod of titer m recdve any payment. l/We hereby' ~ thu art of whatever Bums an obteincd, dther by seltlemem or verdict' m pay ehe experrac of suit' indudiag, bet not limited to, Sung fees, Does to obttdn ttxrords, deposi~oa ooeu, itr~eadgatlon fees, coats of wItnsesd, cnd export witnesses (if sny). From We set balaneo reataitti ng, l/We agreed m pay mylots sttasneys as their fee the t'nllowing: 33 ]/3% of the first 5500,000,00; 3056 of the next 5500.000.00: 25y6 of the twet 5500,000.00; 2096 of rho next 5500,000.00; and Over SZ toillion. J»dga dtroetle. Ptttsuattt to this agtteement, sdd atrotneys shall tttpreaeat ttta/us and may irudtute suit on my/eur behalf when, and if, fey believe wit tohmtld be ittsehuted. Tf this agreement is signed on behalf of an infest or ea incompetmy the 1ega1 fact wil] be reduced to 2596 of the fret raeavery i£this matter is settled wiQtout trial. The law Smt has offered to reproamt yon and charge you legal Seen which you will be zsquired to pay evert if you recover m money. You Nava rejected Chic and have, inatetd, agreed m pay the eontingertt Iles, as set forth in [his agreanent. The law Sent may ask thu the Court xgttire you m pay a greater tee, if the agreed ttpoa fa u too low is light of the time and effort wltich the law frmt exerts oa your baha~ The Cotrt would then decide whether or not m Increase the 1ega1 feet. LWe are at+•ere that . Esquire, will receive 33 1 /3% of dte total attorneys ±be timn Anapol, 9ohwarta, Weiss, Colun. Fetdtnan & SttuUoy, P.C. for smug a cvoperatittg wtmsel, UWe tmdaannd that for pspwanti of the cooperadng eottasel fte dos sot amrease or aSbct the mtd oontingeat fee Arid by menu. UWe do mt ob)ea to this tlivuion of foes. UGVe eoltnewledga that nty/our attotaaya have advised tttdus that the relationship of attorney and client is baud opoa m»tual tttut sad twn8dence and that thty will endeavor m keep mmue advised of inrporuad developments in theh representation of tttehu. 'Ytwy have fmt6er advlad mdtu that Uwe are iiee m communicate with them tend ask them questions from time to tiara as approptiaar. It is finttter understood rnd agreed that upon nottflcsaien m maws (cettiPled, regisured or re~3lar U.S. mate add attorneys tusy wttlsdraw u cotmrd in-the event of my/our l4ihue m oooperatr a [ftltey ootschtde in ffiidr solo judgttuan that the cldm carrot be sucow5iliy proseurted by thew. In the evem rho attoruoys.vldtdraw as my/ottr eouaeel, thty agree that IJave wiU na be obligated m pay them >br say puroRedoad anrvioes they hive rendered. UWe thither sgtae that the ttotiEeatbn to mr'!us shall be considered m tako plane upon marling of sdd noti9catioa to the lest sddms for manta ]mown m the anomeys is a ptbpaid envelope deposited with the U.9. mait. UWe htxebtir attthoriu said attaaeys to pay medical bills on tttyloiu behalf directly m the physielaa(s) or hosl~ltai(s~ eoueaned. l/We furthrr agroe that should Ywe discharge said attoroeys. Uwe shall be Jisble m pay them the lirir vales of aIl ~ aervica teaderad by them prior m receipt of a vrrittm notice of discharge. UWe Earths aSrce that if Uwe shall reimburse them Lbr all experdittnss they have made is ttnthesa:te~e ofthe invesdgatton std ptweotttltm of the claim. The obligadon to teimburae Attapol, Schwartr, Weiss, Cohan, Fatdman k Smalley, P.C.1br attorney's fees sad cods shall be paydae immediately altar dtrcltarge. UWe hereby selmowledge that a~opy of this doetttnent hubeengiven m tne/us sad that Uwe have been advised m reptR it bt mylout poessaaion, attd But Uwe have read cad understood the contents to this daautaent before Uwe dSuusd k. SHOULD NO MO.VSY BB HECOVERBD BY SUTT OR SET'T[.fiMEN`i', BAID ATTORNEYS ARE TO HAVE NO CLAIM OF ANY 1Z1ND AGAINST MFJfJS FOA ANY PROFESSDDNAL S VICT.4 EA1~. 1ltipy„~ (nGUt:.. (S' ame) (9igaatta+e/Natae) za C~C~ Ka/,c /"'+/Ly~t/~~~~ ~'q I X053 (Addrew 7!"7-q7S -020~.- 2 Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MDL NO. I657 [N RE: VIOXX PRODUCTS LIABILITY LITIGATION SECTION: L Page JUDGE FALCON of ~ ,fir w~ 5' b~ 2726]]56 E~3'FNV~~~ Aup 212006 6WPM • MAG.JUDGEKNOWLES THIS DOCUMENT RELATES TO: ALL CASES ORDER & REASONS With interim settlement payments scheduled to begin on August 28, 2008, the Court finds that it is appropriate at this time to address the issue of individual attorneys' fees. For the reasons listed below, the Court orders that individual attorneys' fees for all counsel representing claimants enrolled in the Vioxx Settlement Program will be capped at 32% plus reasonable costs. At a later date, after giving the parties due notice and an opportunity to be heard, the Court will determine the amount of fees and costs to be awarded ro those attorneys who performed common benefit work. Pursuant to the terms of the Settlement Agreement, these latter amounts will be deducted from the individnaf plaintiffs' attorneys' fees. ~ Given the nature of the interim payment schedule, it bears emphasizing that no claimant shall pay more than 32% of their total award towards attorneys' fees, and any future award of -t- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 2 of 21 I. BACKGROUND To put this matter in perspective, a brief review of this litigation is appropriate. This multidistrict products liability litigation involves the prescription drug Vioxx, known generically as Rofecoxib. Merck, a New Jersey corporation, researched, designed, manufactured, marketed, and distributed Vioxx to relieve pain and inflammation resulting from osteoarthritis, rheumatoid arthritis, menstrual pain, and migraine headaches. On May 20, 1999, the Food and Drug Administration approved Vioxx for sale in the United States. Vioxx remained publicly available until September 30, 2004, when Merck withdrew it from the market after data from a clinical trial known as APPROVe indicated that the use of Vioxx increased the risk of cardiovascular thrombotic events such as myocardial infarctions (heart attacks) and ischemic strokes. Thereafter, thousands of individual suits and numerous class actions were filed against Merck in state and federal courts throughout the country alleging various products liability, tort, fraud, and warranty claims. It is estimated that (OS million prescriptions for Vioxx were written in the United States between May 20, 1999 and September 30, 2004. Based on this estimate, it is thought that approximately 20 million patients have taken Vioxx in the United Statea.2 On February I6, 2005, the Judicial Panel on Multidistrict Litigation conferred multidistrict litigation status on Vioxx lawsuits filed in federal court and transferred aft such cases to this Court [o coordinate discovery and to consolidate pretrial matters pursuant to 28 common benefit fees wilt come from the individual aaorneys' shares of their claimants' awards. Because at the present time only interim payments are being distributed, the mechanics of withholding any common benefit fee charge will be finalized upon the ultimate calculation of claimants' total awards. 2For a mote detailed factual background describing the events that took place before the inception of this Multidistrict Litigation, see fn re Yioxx Prods. Liab. Litig., 401 F. Supp. 2d 565 -z- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 3 of 21 U.S.C. § 1407. See In re Vioxx Prods. Liab. Litig., 360 F. Supp. 2d 1352 (J.P.M.L. 2005). One month later, on March l8, 2005, this Court held dte fiat staNa conference in the Vioxx MDL to consider strategies for moving forward with the proceedings. Shortly thereafter, the Court appointed committees of counsel to represent the patties and to mat with the Court once every month to review the staNS of the litigations One of this Court's first priorities was to assist the parties in selecting and preparing certain test cases to proceed as bellwether trials. In total, this Court conducted six Vioxx bellwether trials. The first of the bellwether trials took place in Houston, Texas, while this Court was displaced following Hurricane [Catrina. The five subsequent bellwether trials took place in New Orleans, Louisiana. Only one of the trials resulted in a verdict for the plaintiff. Of the five remaining trials, one resulted in a hung jury and four resulted in verdicts for the defendant. During the same period that Utis Court conducted its six bellwether trials, approximately thirteen additional Vioxx-related cases were tried before juries in the state courts of Texas, New Jersey, California, Alabama, Illinois, and Florida. With the benefit of experience from these bellwether trials, as well as the encouragement of the several coordinated courts, the (E.D. La. 2005) (resolving Dauber[ challenges to a number of expert witnesses). rThe Court appointed twelve attomeys to acrve on the Phtintiffs' Steering Cotnmittce ("PSC'7, sae Prettial Order No. 6 (Apr. 8, 2005), and five attorneys to serve on the Defendant's Steering Committee, see Pretrial Order No. 7 (Apr. 8, 2005). See Plunkett v. Merck & Co., No. OS-4046 (E.D. La. filed Aug. 23, 2005) (comprising both the first and second bellwether trials, as the first trial resulted is a hung jury); Barnett v. Merck & Co., No. 06-485 (E.D. La. filed Jan. 31, 2006) (thud bellwether trial); Smith v. Merck & Co., No. OS-4379 (E.D. La. filed Sept. 29, 2005) (fourth bellwether trial); Mason v. Merck & Co., No. 06-0810 (E.D. La. filed Feb. 16, 2006) (fifth bellwether triaQ; Dedrlck v Merck & Co., No. OS-2524 (E.D. La. filed June 21, 2005) (sixth bcllwether trial). -~- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27!2008 Page 4 of 2i parties soon began settlement discussions in eamesLr On November 9, 2007, Merck and the NPC formally announced that they bad reached a Settlement Agreement. See Settlement Agreement, /n re Vioxx Prods. Liab. Litig., MDL 1657 (E.D. La. Nov. 9, 2007) ("Settlement Agreement"), available a! http://www.browngreer.cottJvioxxsettlement.b The private Settlement Agreement establishes a pre-funded program for resolving pending or tolled state and federal Vioxx claims against Merck as of the date of the settlement, involving claims of heart attack ("M["), ischemic stroke ("IS"), and sudden cardiac death ("SCD"), for an overell amount of 54.85 billion. !d. § "Rxitals".' The Settlement Agreement expressly contemplates that this Court shall oversee various aspects of the administration of settlement proceedings, including appointing a Fee Allocation Committee, allocating a percentage of the settlement proceeds to a Common Benefit Fund, and modifying any provisions of the Settlement Agreement that are otherwise unenforoeable.s Accordingly, this 'In their efforts to develop a comprehensive, joint settlement agreement, counsel for Merck and the Negotiating Plaintiffs' Counsel ("NPC") mot together more than fifty times and held several hundred telephone conferences. Although the parties met and negotiated independently, they kept this Cotut-as well as the coordinate state courts of Texas, New Jersey, and California-informed of their progress in settlement discussions. 6When the parties formally announced the settlement agreement, Vioxx-related discovery had beam moving forward in the coordinate jurisdictions for more than six years. Over 50 million pages of documents had been produced and reviewed, mote than 2,000 depositions had been taken, and counsel for both aides had filed thousands of modoms and consulted with hundreds of experts in the fields of cardiology, pharuraoology, and neurology. For a mom detailed factual background ofthe vadoua mechanics of the Sertlement Agreement, including the provisions for the mandatory resolution of governmental liens, see In re f~foxx Prods. Ltab. Litig., 2008 WL 3285912 (E.D. La. Aug. 7, 2008) (denyimg motions to enjoin disbursement of interim settlement payments), s See, e.g., Settlement Agreement, § 9.2.4 (establishing thatthe Court shall appoint a Fee Allocation Committee); § 9.2.5 (establishing that the Court shall "provide appropriate notices governing the procedure by which [it] shell determine common benefit attorneys' fees and reimbursement of common benefit expenses'; § 16.4.2 (establishing that the Court may modify -4- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 5 of 21 Court has consistently exercised its inherent authority over the MDL proceedings in coordination with its express authority under the terms of the Settlement Agreement to ensure that the settlement proceedings move forward in a uniform and efficient manner.9 The Settlement Agreement provides a schedule for the disbursement of interim payments to certain eligible claimants. !d. § 4.1. In order to qualify for interim payments, eligible claimants must fulfill specific registration and filing obligations. /d Pursuant to the terms of the Settlement Agreement, eligible Ml claimants who timely fulfill all of their Fling obligations may qualify to receive interim payments beginning on August, 1, 2008, or the date on which the Claims Administrator has detemuned pre-review points awards for at least 2,500 MI claimants, whichever is later. Id. The schedule for distributing interim payments to claimants is conditioned on Merck's decision to waive its walk away privileges. Id On July l7, 2008, Merck formally announced that it was satisfied that the thresholds necessary to trigger funding of the Vioxx Settlement Program would be met. See mule Entry, July /7, 1008, Rec. Doc. 15362 (July 17, 2008). Merck further advised that it intended to waive its walk away privilegas and that it would commence fimding the Vioxx Settlement Program by depositing an initial sum of 5500 million into the settlement fund, clearing the way for any provision of the Agroemeat under certain limited circumstances if the Court determines that the provision "is prohibited or unenforceable to any extent or in any particular content but iri some modified form would ba eoforceablo"). See, e.g., Pretrial Order No. 32, Rec. Doc. 13007 (Nov. 20, 2007) (exercising the Court's "inherent authority over this multidistrict litigation" as well as its express authority under Paragraph 9.2.4 of the Settlement Agreement to appoint a Fee Allocation Committee; reserving the right to "issue subsequent Orders governing the procedure by which the Allocarien Committee shall carry out its function"; and providing that members appointed to the committee may not be substituted by otherattomeys "except with the prior approval of the Court"). -s- Case 2:05-md-01657-EEF-DEK Document 15722 Flled 08/27/2008 Page 6 of 21 distribution of interim payments to eligible claimants. fd On August 20, 2008, the Claims Administrator reported to the Court that it had successfully reviewed approximately 2,750 claims for interim payments. See Minute Entry, August 10, 2008, Rec. Doc. 15674 (Aug. 20, 2008). The Claims Administrator further advised that interim payments were scheduled to begin as early as August 28, 2008. !d. [n light of the upcoming disbursement of interim settlement payments, it is appropriate et this time to address the issue of individual attorneys' fees. iI. LAW&ANALYSIS As an initial matter, the Court notes that addressing the issue of attorneys' fees in the context of the Vioxx global settlement will require atwo-step process. The fits[ step involves examining the reasonableness of all the contingent fee contracts in the global settlement and setting an appropriate limitation on the amount of fees that attorneys may charge claimants. The second step of the process will involve allocating a pereantage of those foes for the Common Benefit Fund to be distributed to those who perfo~medcoratnon benefit work. After notifying the panics end all counsel and offering them an opportunity to be heard; the Court will issue a separate order addressing the Common Benefit Fund. At this time, the Court will only address the reasonableness of contingent fee contracts in the context of the global settlement. The Court will begin its analysis by reviewing the basis of its authority for examining the contingent fee contracts in this setting. After briefly reviewing the basis of its authority, the Court will then examine the contingent fee contracts and set a reasonable limitation on the amount that individual attorneys may charge claimants enrolled in the global settlement, regardless of whether their cases were filed in state or federal worts. -6- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27!2008 Page 7 of 21 A. The basis of this Court's authority to review contingent fee contracts for reasonableness Contingent fee contracts have long been accepted in the United Statcs because "thcy provide many litigants with the only practical means by which they can secure legal services to enforce their claims." Cappel v. Adams, 434 F.2d 1278, 1280 (5th Cir. 1970).10 Nevertheless, "[c]ontingent fees may be disallowed as between attorney and client in spite of contingent fee retainer agreements, where the amount becomes large enough to be out of all proportion to the value of the professional services rendered." Gair v. Peck, 160 N.E. 2d 43, 48 (N.Y. 1959). In addressing contingent fees, the Court is mindful that tort litigation--and particularly mass tort litigation-has a dual role in our society: (!) to compensate people who are harmed; and (2) to prevent future injuries by deterring harmful conduct. See Contingent Fees in Mass Tort Litigation, 42 TORTTRtAL & Ital. PRgC. L.J. 105, 109-10 (2006). These are laudable goals and ones which should be encouraged. Undercompensating attorneys who handle such litigation would result in too few meritorious private suits being brought and less competent representation in the cases that are brought. Id. Overcompensating attorneys, however, would also be harmful, as it would encourage frivolous lawsuits and result in unfair recovery for injured litigants. Id. The courts must, therefore, endeavor to strike a fair balance between these two opposing policy concerns. ~ ~ 10 For a detailed analysis of the history of contingent fee arrangements in mass tort litigation as well as the effects that these arrangements might have on the future of mass tort actions, see Contingent Fees in Mass ToK Litigation, 42 TORT TR[AL & iNS. PRAC. L.J. 105 (2006). ~ ~ See id. at I I 1 ("It is thus crucial to calibrate compensation fot lawyers who prosecute mass tort cases to provide enough incentive for them to be brought (to serve the deterrence and compensation functions) but not so much that nonmeritorioua cases are brought or victitrrs are -~- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 8 of 21 Before examining the contingent fee contracts in the context of the global settlement, it is first necessary to determine whether this Court has authority to inquire into the reasonableness of contingent fee agreements between the claimants and their attorneys. This detemrination requires an analysis of the Court's equitable powers, its inherent supervisory authority, and its express authority under the terms of the Settlement Agreement. Each of these will be discussed in turn. 1. The Court's equitable authority to oversee administration of the global settlement 'fhe Federal Rules of Civil Procedure expressly provide that district worts may require reasonable fees in class actions. See Fed. R. Civ. P. 23(g)(1xC)(iii); Fed. R. Civ. P. 23(h); see also MAMJAL FOR COMPLEX LITIGATION (FOUxhtt) § 22.927 (2004). In the Zyprexa MDL, the wort found that several factors wunseled in favor of treating the case as aquasi-class action, subjecting the settlement program to review under the wart's general equitable powers. See In re Zyprexa Prods. Liab. Litig., 424 F. Sapp. 2d 488, 49l (B.D.N.Y. 2006). In particular, the wort in Zyprexa noted as persuasive "[t)he largo number of plaintiffs subject to the same settlement matrix approved by fire wort; the utilization of special masters appointed by the wort to wntrol discovery and to assist in reaching and administeriag a settlement; the wart's order for a huge escrow fund; end other interventions by the wort." Id. As a result, the court found that the settlement was subject to the wart's "imposition of fiduciary standards to ensure fair treatment to all parties and wuasel regarding fees end expenses." See id.; see also !n re Gutdant Corp. Implantable Defibrillators Prods. Liab. Li[ig., MDL No. OS-1708, 2008 WL 682174, at • l8 (D. underwmpensated."). -(+- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 9 of 21 Minn. Mar. 7, 2008) (characterizing amass tort proceeding as aquasi-class action and subjecting the global settlement to the court's equitable authority). Turning to the instant case, the Court notes that there are substantial similarities between the global settlement currently before the Court and the global settlement at issue in Zypreza. First, the court in Zyprexa found that the case could be treated as a quasi-class action in paR because of "[t]he large number of plaintiffs subject to the same settlement matrix approved by the wort." Jn re Zyprexa, 424 F. Supp. 2d at 491. Similarly, thore are approximately 50,000 eligible claimants currently enrolled in the Vioxx Settlement Program, all of whom are subject to the same settlement matrix for awarding points and valuating claims. Second, like the court in Zyprexa, which utilized special masters "to control discovery and to assist in reaching and administering a settlement," this CouR has benefited from the efforts of special masters throughout the worse of the MDL proceedings and the settlement administration. See, e.g., Order, Rec. Doc. 13228 (Jan. 14, 2008) (appointing Mr. Patrick A. Juneau to act as Special Master pursuant to the terms of the Settlement Agreement). Moreover, the $4.85 billion settlement fund in the instant case is similar to the large settlement fund held in escrow in Zypreza. In light of these factors, the Court fmds that the Vioxx global settlement may properly be analyzed as occurring in a quasi-class action, giving the Court equitable authority to review contingent fee wntracts for reasonableness. 2. The CourNs inherent authority to exercise ethical supervision over the parries In addition to this Court's equitable authority over the global settlement, the Court also has the inherent authority and wnwmitant duty to exercise ethical supervision over the parties. .g_ Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 10 of 21 See In re Zyprexa, 424 F. Supp. 2d at 492 ("The judiciary has well-established authority to exercise ethical supervision of the bar in both individual and mass actions."); see also Karim v. Finch Shipping Co., Ltd., 233 F. Supp. 2d 807, 8 t0 (E.D. La. 2002), ajJ"d, 374 F.3d 202 (5th Cir. 2004) ("Among the broad equitable powers of a federal court is its supervisory capacity over an attorney's contingent fee contracts.").~~ Pursuant to the Court's supervisory authority, the Court may address the reasonableness of contingent fee contracts even if the parties have not raised the issue. See Rosquist v. Soo Line R.R., 692 F.2d 1107, 1 I 1 I (7th Cir. 1982) ("Even when the validity of the fee contract itself has not been challenged by the parties, it is within the court's inherent power of supervision over the bar to examine the attorney's fee for conformance with the reasonable standard of the Code of Ethics."). District courts necessarily retain the authority to examine attorney fees s>Aa sponte because the attorneys' interests in this regard are in conflict with those of their clients. See In re Gurdant, 2008 WL 682174, at "18 ("[A]s for the representative counsel involved, Plaintiffs' counsel have abuilt-in conflict of interest that is directly opposed to that of their clients."); In re Zyprexa, 424 F. Supp. 2d at 49l -92 ("[P]laintiffs' counsel have abuilt-in conflict otinteresq and the defendant is buying peace and tr Historically, a district court's supervisory authority to examine contingent fee contracts for fairness is well~ettled and has longstanding roots in a variety of different areas of law. Karim, 233 F, Supp. 2d at 810. For example, federal worts have long endeavored to protect seamen from unfair contingent fee contraots: Federal couRa, particularly when sitting is admiralty, have long protected seamen when Utey ertter into contracts with those more skilled than they. As long ago as 1823, Justice Story pennod these famous words: "'['hey (referring to seamen) are emphatically wards of the admiralty; and though not technically incapable of entering into a valid contract, they are treated in the same manner, as courts of equity are accustomed to treat young heirs dealing with their expectancies, wards with their guardians, and cestuis qua trust with their trustees." Id. (quoting Harden v. Gordon, I 1 F.CAs. 480, 485 (1823)). to Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Paget 1 of 21 is generally disinterested in how the fund is divided so long as it does not jeopardize the settlement."). With large corporations now seeking to achieve global peace by resolving mass tort litigations simultaneously in state and federal courts, settlement agreements such as the one currently before the Court will likely become more common. See, e.g., !n re Guidanl, 2008 WL ti82174, at *3 (noting that the parties "contemplated a global settlement covering Plaintiffs from both the MDL and state cases, and included Plaintiffs whose cases had been filed or transferred to the MDL, Plaintiffs whose cases were filed outside the MDL in state court proceedings, and potential Plaintiffs who had not yet filed their cases"). As these global settlements occur more frequently, however, and as the public consciousness focuses more closely on the outcome of mass tort litigations, there will also be a growing need to protect the public's trust in the judicial process. See In re Zyprexa, 424 F.2d at 494 ("Public understanding of the fairness of the judicial process in handling mass torts-and particularly those involving pharmaceuticals with potential widespread health consequences-is a significant aspect of complex national litigations involving thousands of parties."). The potential harm to the public's perception of the judicial process is especially acute in the instant case because of the large number of claimants participating in the settlement. See rd. at 493 ("Tlte risk of excessive fees is a special concern here because of dte [Hess nature of the case.'. The approximately SO,tN10 plaintiffs end the 54.85 billion settlement fund have captured the public's attention, resulting in a heightened degree of public scmtiny on the settlement proceedings and the judicial process in general. Disproportionate results and inconsistent standards threaten to damage the public's faith in the judicial resolution of mass tort litigation by Case 205-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 12 of 21 creating an impression of inherent unfairness. Id at 494 ("Litigations like the present one are an important tool for the protection of consumers in our modem corporate society, and they must be conducted so that they will not be viewed as abusive by [he public; they are in fact highly beneficial to the public when adequately controlled.")." "These considerations are enhanced where, as here, the Judicial Panel on Multidistrict Litigation has assembled all related federal cases for coordinated or consolidated pretrial proceedings ... [to] promote the just and eJjicienr conduct ojsuch actions."' !d. at 493 (quoting 28 U.S.C. § 1407) (emphasis added). In addition, many of the Vioxx claimants are elderly and in poor health, making it more difficult for them to negotiate_fair contingent fee contracts. See id. at 491 ("Many of the individual plaintiffs are both mentally and physically ill and are largely without power or knowledge to negotiate fair fees"); see also In re Guidon[, 2008 W L 682174, at * 18 (same). In order to qualify for the settlement, a claimant or the claimant's representative must fits[ demonsnate that the claimant suffered a heart attack, isehemic stroke, or sudden cardiac death after taking Vioxx. As a result, all of the claimants in the global settlement have suffered life- threatening injuries. Under such circumstances, the supervisory court has an increased responsibility to ensure that the fees are both consistent and troasonable. For these reasons, the Court finds that it has the'inherent authority and responsibility to examine the individual contingent fee contracts for fairness and consistency. ~~ See also Contingent Fees in Mass Tor[ Litigation, supra, at ! 25 (noting that several courts' have invoked their inherent authority to regulate lawyers to limit attorney fees in mass tort contexts.... not to correct for market failure but rather to protact clients firom being charged unreasonable fees"). The Court notes that although many of the plaintiffs' attorneys in the Vioxx litigation have entered into contingent foe contracts for 33'/,% of the claimant's net recovery, there are many other attorneys who have 40% and even 50% contingent fee contracts. _tZ_ Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 13 of 21 3. The Court's express authority pursuant to the terms of the Settlement Agreement The terms of the Settlement Agreement in this case provide further support for the Court's authority to examine the reasonableness of the contingent fee contracts. The Settlement Agreement expressly grants this Court the authority to oversee various aspects of the global settlement administration. For example, the Settlement Agreement contemplates that this Court will appoint an Allocation Committee to assist in determining the appropriate amount of fees to be deposited into the Common Benefit Fund. See Settlement Agreement § 9.2.4. The Agreement also contemplates that this Court will consider the Committee's recommendations in making a final determination of common benefit fees as well as deciding how those fees should be distributed to individual attomeys for [heir common benefit work. See id. § 9.2.5. Pursuant to the tcnns of the Settlement Agreement, these amounts will be deducted directly from the attomeys' fees after the Court's final determination regarding the Common Bcnetit Fund. See id. § 9.2.I ("Any sum paid as a common benefit fee shall be deducted from the total amount of counsel fees payable under individual plaintiffs' counsel's retainer agreement."). In addition, the Settlement Agreement also establishes that this Court has the express authority to modify any provision of the Agreement in certain limited circumstances if the Court determines that the provision "is prohibited or unenforceable to any extent or in any particular context but in some modl5ed farm would be eaforcoable." Id. § 16.42. To the extent that the Settlement Agreement would be unenforceable if it resulted in excessive or unreasonable attorneys' fees that threaten the public interest and reflect poorly on the courts, this Court may address those fees in order to ensure fairness W all paRies. As a result, the Court finds that it -13- Case 2'05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 14 of 21 may examine the reasonableness of contingent fee contracts in order to protect the claimants and enforce the Settlement Agreement. [n light of this Court's equitable authority over the settlement, its inherent authority to exercise ethical supervision aver the parties, and its express authority under the terms of the Settlement Agreement, the Court finds that it has the authority to cxamine the contingent fee contracts in the global settlement for reasonableness, regardless of whether the claimants filed their cases in state or federal courts. See In re Gurdant, 2008 WL 682174, at * 19 (capping wntingent fees in global settlement pursuant to "the Court's general equitable powers, the Court's inheront authority to exercise ethical supervision over (the) global settlement, and the Court's inherent authority to review contingency fees for fairness"). In the interest of fairness and uniformity, it is both necessary and desirable that a single court be able to set a reasonable limitation on contingent fees in this global settlement proceeding. Having overseen not only the course of the MDL proceedings but also the administration of the Vioxx Settlement Program, this Court is uniquely situated to examine the reasonableaess of attorneys' fees for claimants enrolled in the global settlement. Further, in light of tha upcoming distribution of interim settlement payments, the Court finds that it is appropriate at this time to set a reasonable limitation on the contingent fees that attorneys may charge to claimants participating in the settlement. B. Applying the Court's authority to examine twatingent tee contracts In the global settlement In order to determine a reasonable limiwtion on individual contingent fee contracts, the Court will look for guidance to comparable limitations on contingent fees. First, the Court will _tq- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 15 of 21 examine state statutes and rules that cap contingent fee arrangements. Second, the Court will review the manner in which other district courts have approached the issue of contingent fee arrangements in the context of similar global settlements. Finally, the Court will consider the unique contours of the Vioxx global settlement in light of these comparative sources in order to set a reasonable limitation on individual contingent fees in this context. 1. State statutes and rules placing Ilmitationa on conttngent fees Because this MDL proceeding is essentially a series of diversity jurisdiction cases, it is appropriate for the Court to consider state statutes in examining whether the contingent fee contracts are fair or reasonable. See In re Zyprexa, 424 F. Supp. 2d at 494. New Jersey's approach to contingent fees provides considerable guidance for this Court in determining the appropriate contingent fees in this case. See N.J. R. Ct. 1:21-7. The Court notes [hat the New Jersey rule is particularly persuasive in this context because New Jersey is one of the primary coordinatejurisdictions in the Vioxx litigation, In New Jersey, an attorney in a products liability action "shall not contract for, charge, or collect a contingent fee in excess of the following: (I) ' 33%% on the first $500,000 recovered; (2) 30% on the next SS00,000 recovered; (3) 2S% on the next 5500,000 recovett:d; (4) 20% on the next $500,000 recovered." Id. The New Jetsey statute further provides that counsel must apply to the court for a reasonable fee on all amounts in excess of $2 million, and may not charge more than 2S% where the amount recovered is "for the benefit of a client who was a minor or meatally incapacitated when the contingent fee arrangement was made." Id. The New Jersey mle therefore provides strong support for limiting attorneys' contingent fees to a reasonable amount in the context of the global settlement. In addition, the Court is further persuaded by similar rules in California and Texas, the ts- Case 2:05-rod-01657-EEF-DEK Document 15722 Filed 06/27/2008 Page 16 of 21 other primary coordinate jurisdictions in the Vioxx litigation. See Cal. Bus. & Prof. Code § ti l46(a) (providing a sliding scalp framework for limiting contingent fees in actions against health care providers); Tex. Lab. Code Ann. § 408.22( (limiting contingent fee arrangements in worker's compensation lawsuits to 25% of the plaintiffs net recovery). Other states have also adopted similar roles or statutes placing comparable limitations on contingent fee arrangements. See, e.g., Conn. Gen. Slat. Ann. § 52-251c(b) (limiting contingent fees in personal injury and wrongful death cases to 33'/,% of the fvst 5300,000; 25% of the next $300,000; 20% of the nett $300,000; 15% of the next S300,000; and l0% of any amount exceeding $1.2 million); Mich. Gen. Ct. R. 8.121 (limiting contingent fees in personal injury or wrongful death suits to a maximum of 33'/x% of the net recovery); see also In re Zyprezo, 424 F. Supp. 2d at 495 (conducting a survey of the states and noting that "(t]he trend in the states is to limit contingent fees in substantial casts to 33'h% or less of net recovery where fees are large'. 2. Det:isions by other courts to similar situatlona The instant case presents something of a matter of first impression, due in large part to the global nature of the settlement, the large number of plaintiffs participating in rho settlement, and the considerable amount of money in the settlement fund. With little precedent bearing dirrxtly on the facts of the instant case, the Court finds guidance in the decisions of other district courts dealing with similar global set0ements. For example, the MDL court in Gtridanr examined oontingent fee arrangements in the context of a comparable global settlement resolving state and federal claims. See In re Gutdanr, 2008 WL 682174, at " 3 (noting that the global settlement covered "Plaintiffs from both the MDL and state cases, and included Plaintiffs whose cases had been filed or transferred to the MDL, Plaintiffs whose cases were filed outside the -16- Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 17 of 21 MDL in state court proceedings, and potential Plaintiffs who had not yet filed their cases"). The global settlement agreement in Guidant provided the district court with authority over the administration oC the settlement proceedings, including the authority to decide the amount of fees far common benefit payment. /d. at'4. [n determining the amount of the common benefit payment fees, the court also addressed the reasonableness of contingwt fce contracts, taking into consideration the economics of scale provided by the coordinated proceedings and the global settlement. !d. at •17-19. Accordingly, the court capped all individual case contingency fees at 20%, reserving to the parties the right to petition to the special masters for an upward departure subject to certain limiting factors. /d. Pursuant to the court's limitations, however, no counsel could recover more than 33'/,% in contingent fees. Id.1 ° The court's approach to attorney fees in Guddan[ is consistent with the decisions of other courts in similar circumstances. For example, in the /n re Silicone Gel Breast Implan! MDL, the court recognized a settlement class and allocated 25% of the $4.2 billion settlement Cund for attorneys' fees. In re Silicone Gel Breast Implant Prods. Liab. L![lg., MDL No. 926, 1994 W L 114580, at •4 (N.D. Ala. 1994). Although the settlement ultimately fell through for other reasons, the court suggested that individual contingent foes should be capped at approximately 25% of each plaintiffs net recovery because of the considerable benefits provided by the economies of scale unique to that litigatioa See fd.; see also PAUL D. RxEINaoLD, LITtGATINQ MASS TORT CASES § 7:52 (2006) (describing in detail the court's proposed fiamework for t ° See also Contingent Fees in Mass Tort LIliga[ion, supra, at l 16-20 (collecting cases and examining resolutions of contingent fce arrangements); PAUL D. RHEMGOLD, LITtOATINd MASS Toar CASES § 7:46 (2006) (same). Unlike the fees in the present case, the contingent fees in Guidant apparently did not include the common benefit fees. -t~_ Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 18 of 2t apportioning fees). Similarly, in Zyprexa the court addressed the issue of contingent fees by conducting s thorough analysis of the complexity of the issues of the case, the economies of scale offered by the global settlement, and the persuasive authority of several state rules and statutes. /n re Zyprexa, 424 F. Supp. 2d at 496. Given the unique contours oCthat case, t(te court in Zyprexa capped contingent fees at 35%, reserving the right to depart upward to 37.5% or downward to 30% based on the facts of each individual case. !d. These decisions provide helpful guidance for the Court in approaching the fee determination in the instant case. 3. Determining reasonable fees in the context of the Vio:x global settlement As en initial matter, the Court notes that this is essentially a products liability case, and all products liability cases pose significant challenges to plaintiffs' counsel. The risk of loss for plaintiffs' counsel in these cases is considerable. In addition, the basic challenges inherent in any products liability case were compounded in this case by a host of complex legal issues unique to the instant litigation, including (to name only a few) the learned intermediary doctrine, contributory negligence, causation, federal preemption taws, and Merck's assertion of attomey- client privilege with respect to dtousands of documents in its possession. The risks associated with pursuing these cases became even more daunting in light of the verdicts returned by juries in this Court's bellwether trials-only one of the six trials resulted in a verdict for the plaintiff. On a single-case basis, therefore, reasonable wntingent fees might range from 33% to 40% of the total recovery for each claimant. In setting a reasonable limitation on contingent fees, the Court is also mindful of the many contributions made by plaintiff's' counsel in furtherance of the adminishation of the global _tg_ Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 19 of 21 settlement proceedings. Without the dedication of plaintiffs' counsel from across the nation, the approximately 50,000 claimants currently enrolled in the settlement would have faced considerable difficulties in securing and producing the appropriate records necessary to enroll in the settlement. Nevertheless, the Court must assess the reasonableness of the contingent fees in light of the fact that the economies of scale have led to a global settlement offering considerable benefit to the attorneys. Instead of pursuing individual discovery, filing individual motions, engaging in individual settlement negotiations, or preparing individual trial plena, attomeya for eligible claimants who wish to participate in the settlement need ooly enroll the claimants in the settlement and then carefully monitor their progress through the claims valuation process. These economies of scale must cut both ways. The attorneys have benefited from a uniform and highly efficient resolution procedure; the claimants should similarly benefit from fees reduced to reflect that uniformity aad efficiency. Even though the unique foots of certain cases may have initially warranted disparate contingent fee arrangements, these individual characteristics no longer wntrol the calculus for determining reasonable CEOS. See In re Guidanr, 2008 WL 682174, at • 18 ("Because of the mass nahrre of this MDL, the fact that several firms/attomays benefited from economies of scale, and the Lacs that many did or should have benefited in different degrees from the wordinated discovery, motion practice, and/or global settlement negotiations, them is a high likelihood that the previously negotiated contingency fee contracts would result in excessive fees."); !n re Zyprera, 424 F. Supp. 2d at 493 ("(T)hese firms all benefitted from the effectiveness of wordinated discovery carried out in conjunction with the plaintiffs' steering committce and Crom other economies of scale, suggesting a need for reconsideration of fee 19- -. Case 2:05-rod-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 20 of 21 arrangements that may have been fair when the individual litigations were commenced."). In consideration of the various state rules dealing with contingent fees and the decisions of other district courts faced with comparable situations, the CouR finds that the individual contingent fee arrangements for attorneys representing claimants enrolled in the Vioxx global settlement should be capped at 32% plus reasonable costs.~s [n reaching this determination, the Court acknowledges the complexity and risk involved in pun;uing these cases as well as the fact that any award for common benofit work will later be deducted from this sum.1B Nevertheless, in light of the large number of plaintiffs, the global settlement, the considerable settlement fund, and the unique contours of this litigation, the Court finds that this is a fair and reasonable framework for apportioning fees. Although perhaps a reduction from the standard 33Y% to 40% contingent fce applicable on a single-case basis, this reduction will not result in a paltry award for the attorneys. With a total settlement fund of $4.85 billion, limiting attomeys' fees to 32% of the net rewvery means that the attomeys in this case will receive more than $1.55 billion. III. CONCLUSION [n consideration of the economies of scale offered by the global settlement proceedings and alt of the above expressed reasons, [T IS ORDERED that contingent fce arrangements for all ~ s The Court notes that this percentage is the maximum that any counsol representing claimants enrolled in the Vioxx global settlement may charge in contingatt fees. To the extent that any state rule or statute requires a recovery below this pert:attage, or to the extent that any individual parties may have agreed to a lower percentage contingent fee, this percentage acts only as a ceiling and does not supersede state roles or statutes or reasonable agreements balwcen claimants and their attomeys. is It bears repeating that under no circumstances shall any claimant pay more than 32% of their total award towards attomeys' fees (not including costs). A percentage of the individual attomeys' foes will be used to pay the Common Benefit Fund. Because only interim payments are currently being distributed, the mechanics of withholding common bene£t foes will be -zo- 1 Case 2:05-md-01657-EEF-DEK Document 15722 Filed 08/27/2008 Page 21 of 21 at[omeys representing claimants in the Vioxx global settlement shall be capped at 32% plus reasonable costs. At a later date after due notice and an opportunity for all counsel to be heard, the Court will determine the appropriate sum for common benefit work. This sum will be deducted from the above amount, reducing the individual attameys' fees across the board. New Orleans, Louisiana, this 27th aay of August, 2008. UNCfED STATES DISTRICT JUDGE finalized upon the ultimate calculation of claimants' total awards. -21- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA In Re: VIOXX MDL Docket NO. 1657 PRODUCTS LIABILITY LITIGATION SECTION L This document relates to ALL ACTIONS : JUDGE FALCON MAG. JUDGE KNOWLES Pretrial Order No. 51 DISBURSEMENT OF COSTS The Court has before it the Motion for Award of Plaintiffs' Common Benefit Counsel Fees and Reimbursement of Expenses [Doc. 17642] and Plaintiffs' Liaison Counsel's Supplemental Memorandum in Support of Reimbursement of Common Benefit Expenses [Doc. 21543]. Section 9.2.2 of the Settlement Agreement provides that "Common Benefit Attomeys shall [also] be entitled to reimbursement of their reasonable common benefit expenses" and that "Reimbursement of these expenses shall be deducted from the client's net recovery." The Ccurt recognized that it was necessary to put in place some procedure for verifying cost submissions. Towards this end, at the outset of these proceedings, the Court appointed a CPA to collect and verify the expense submissions of Common Benefit Attorneys. Further, after the settlement agreement was perfected, the Court appointed a committee to meet, confer with counsel submitting cost reimbursement claims, and take evidence regarding the validity of these expense submissions. Together, the CPA and the committee attempted to reach a consensus regarding the appropriate amounts that Common Benefit Attomeys should be reimbursed for their expenses. Through this process, many of the disputes regarding reimbursement of expenses were successfully resolved. Having considered that the PLC has submitted to this Court and the Claims Administrator the above motions and supporting materials, including the audited common benefit expenses of Common Benefit Attorneys; IT IS ORDERED BY THE COURT that pursuant to Section 9.2.2 of the Settlement Program, as set forth in the Settlement Agreement between Memk & Co., Inc. and the Plaintiffs' Negotiating Committee, dated November 9, 2007, reasonable common benefit expenses equal to one percent (1 %) of the settlement amount, or $48.5 million, shall be set aside as the Common Benefit Expense Fund. IT IS FURTHER ORDERED BY THE COURT that the following reimbursements of common benefit expenses are hereby awarded and should be made now from the Common Benefit Expense Fund: Law Firm Total to be Reimbursed 1 Alex Alvarez $ 2,763.89 2 Alley Clark $ 197,945.81 3 Anapol Schwartz $ 579,749.50 4 Anastopoulo & Clore $ 80,373.47 5 Andrews Thornton $ 388,500.11 6 Ashcroft & Gerel $ 549,437.40 7 Audet & Partners $ 243,687.26 8 Aylstock Witkin & Sasser $ - 9 Balkin & Eisbrouch $ 2,000.00 10 Barnow $ - 11 Barrios, Kingsdorf & Castex, L.L.P. $ 20,403.98 12 Bartimus Frickelton $ 486.95 13 Beasley Allen $ 3,935,230.05 14 eencomo $ 14,055.27 15 Blizzard McCarthy $ 1,001,218.43 16 Bossier & Associates $ - 17 Branch $ 406,059.86 18 Brian K. Balser $ 12,357.19 19 Brown & Crouppen $ - • ~. 20 Bruce C. Dean $ - 21 Burg Simpson $ 20,321.56 22 Lafferty Faucher $ 1,441.62 23 Capshaw Goss $ 2,306.50 24 Carey & Danis $ 98,725.28 25 Charfoos $ 4,561.00 26 Childers Buck $ 27 Cohen Milstein $ 5,699.56 28 Cohen Placitella $ 112,452.57 29 Cuneo Gilbert $ 210,843.97 30 Daniel E. Becnel, Jr. $ 143,518.37 31 Davis Champ $ - 32 Decision Quest $ 1,947,440.14 33 Dugan & Browne $ 198.10 34 Engstrom Lipscomb $ - 35 Erlc H. Weinberg $ 144,768.90 36 Escobedo Tippit $ 444,938.71 37 Fayard & Honeycutt $ - 38 Fibich Hampton $ 80,640.50 39 Freese & Goss $ 7,198.39 40 Friedman $ - 41 Gainsburgh Benjamin $ 370,208.64 42 Gancedo & Nieves $ 146,983.76 43 Gianni-Petoyan $ 86,308.50 44 Girardi & Keese $ 1,260,020.01 45 Hagens Berman $ - 46 Heins Mills $ 128.91 47 Heninger Garrison $ 269,578.55 48 Herman Herman Katz & Cotlar $ 539,493.75 49 Hovde Dassow $ 217,569.13 50 Irpino $ 16,937.78 51 Jacobs Burns $ - 52 John Hornbeck $ ' 53 Johnson & Perkinson $ 8,774.86 54 Jones Verras $ 1,639.13 55 Kasowitz Benson $ 47,471.72 56 Keller Rohrback $ 1,933.63 57 Kerpsack $ 58 Kline & Specter $ 544,318.33 59 Labaton Sucharow $ 1,979.33 60 Langston $ - 61 Lanier $ 8,521,265.35 62 Levin Papantonio $ 732,471.47 63 Levin Simes $ 3,855.42 64 Levin, Fishbein, Sedran & Berman $ 791,435.89 65 Lewis & Roberts $ 144,458.90 66 Lieff Cabraser $ 1,363,233.96 67 Lodcridge, Grindal, Nauen, PLLP $ 52,452.97 68 Locks $ 355,301.06 69 Lopez, Hodes, Restaino, Milman $ 60,571.03 70 Lundy & Davis $ 19,387.68 71 Martin & Jones $ 114,842.86 72 Matthews & Associates $ 962,802.74 73 Mithoff $ 67,703.21 74 Morelli Ratner $ 79,398.97 75 Motley Rice $ 311,447.25 76 Murray Law Flrm $ 27,032.58 77 Neblett, Beard & Arsenault $ 430,257.15 78 New Jersey Litigation Fund $ 393,785.50 79 Panish Shea $ 460,662.64 80 Price Waicukauski $ 3,811.97 81 Provost Umphrey $ - 82 Ranier Gayle $ 542,768.05 83 Rebecca A. Cunard $ 17,005.57 84 Richardson Patrick $ 6,844.33 85 Robert J. DeBry $ 958.07 86 Robert M. Becnel $ 1,275.58 87 Robins Kaplan $ 48,522.82 88 Robinson, Calcagnie & Robinson $ 3,503,013.77 89 RodaNast $ 5,635.95 90 Sanders Viener $ - 91 Sanford Pinedo $ 436,371.36 92 Seeger Weiss $ 3,619,310.80 93 Sheller Ludwig $ 11,691.00 94 Silverman Fodera $ 11,323.27 95 Singleton $ 10,531.75 96 Snapka $ 107,264.03 97 Ted Kanner $ - 98 Terrell Hogan $ 14,186.93 99 The Brandi Law Firm $ 340,355.44 100 The Gallagher Law Firm $ - 101 The Holman Law Firm $ - 102 The Kaiser Finn $ - 103 The Whitehead Law Firm $ 11,318.83 104 Ury & Moskow $ - 105 Watts Law Firm $ 466,196.90 r 106 Weitz & Luxenberg $ 907,403.51 107 White Meany & Wetherall $ 41,682.61 108 Williams Kherkner $ 870,345.22 109 Williamson & Williams $ 851.33 110 Wold $ 41.25 111 Zimmerman Reed $ 6,200.82 112 Zink, Diane K. $ - AII Firms $ 40,049,748.16 IT IS FURTHER ORDERED BY THE COURT that any firm with experses under review or in dispute as set forth in Exhibit B to the Supplemental Affidavit of Philip Garrett, CPA, shall continue discussions with Philip Gamtt and the members of the Court Appointed Fee Allocation Committee who have been appointed to address common benefit expenses, and that upon resolution of such questioned items, shall present the matters to the Court and the Claims Administrator. Following the submission, the Court will either approve of payment of an agreed upon amount from the Common Benefit Expense Fund or establish a procedure for resolution of any disputed amount claimed to be owed as reimbursement. IT IS FURTHER ORDERED BY THE COURT that Plaintiffs' Liaison Counsel shall be provided a distribution of Five Hundred Thousand ($500,000.00) Dollars, to be utilized as payment for additional common benefit shared expenses in this matter, which expenses shall be documented as ordered in Pte-Trial Order No. 6 or reimbursed to the Cornmon Benefit Expense Fund. IT IS FURTHER ORDERED BY THE COURT that Philip Garrett, CPA, shall continue to provide monthly reports to the Court of all time and expense in this matter pursuant to PTO 6. IT IS FURTHER ORDERED BY THE COURT that prior to any firm (not including Decision Quest) receiving reimbursement expenses, they shall provide to Plaintiffs' Liaison Counsel an Affidavit, in the form attached hereto, attesting that none of the funds they are seeking to be M reimbursed or receiving reimbursement have been paid for or will be paid for by any clients or other third party. IT IS FURTHER ORDERED BY THE COURT that if at the conclusion of the Settlement Program and after reimbursement of all common benefit expenses to attorneys seeking reimbursement of expenses pursuant to Pre-Trial Order No. 6 there are any funds remaining in the Common Benefit Expense Fund, then such remaining funds shall be reimbursed to the Vioxx claimants. New Orleans, Louisiana, this 23rd day of Septe7m~be~r, 2009 Eldon E. Fallon United States District Court Judge N BY: ANAPOL, SCHWARTZ, WEISS, COHAN, FELDMAN & SMALLI~'~ o GREGORY S. SPIZER, ESQUIRE AMBER RACINE, ESQUIRE ~ `-' -' ~rl N Identification Nos. 82435/208575 " ~ 1710 Spruce Street Philadelphia, PA 19103 (215) 790-4578 WAYNE LOGUE, Executor of the Estate of WILLIAM RAUDENBUSH, Deceased and WAYNE LOGUE, in his own right v. MERCK & CO., INC. ~ .' zs i -; ~ ,c_ _ Attorneys fo3"'Plaintiffo m COURT OF COMMON PLEAS CUMBERLAND COUNTY Orphans Court Division 2004-01120 PRgOPOSED ORD~ E~RyOF DISTRIBUTION AND NOW, this t~Q~a y of ~u~^+~ , 2009, upon consideration of Plaintiffs Petition to Approve Settlement and Distribution of Wrongful Death and Survival Actions, it is hereby ORDERED and DECREED as follows: (1) The allocation of the 60% final payment from the Vioxx Settlement shall be as follows: A~ Wrongful Death -Joan Raudenbush (90%) 13. Survival Action -Joan Raudenbush (10%) (2) The sum of $174,083.18 represents the 60% final payment from the Vioxx Settlement. The funds shall be distributed as follows: (a) To: Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. For Total Costs $ 653.43 Petitioner is awaze that these costs do not include the costs associated with filing the instant Petition. Petitioner is aware that the net amount due to be received by Mrs. Raudenbush may decrease slightly as a result of cost associated with filing the instant Petition. f-r c, c,~~ C1 F. ~ ~,~ - ,~~ ~~> ~.... (b) To: Anapol, Schwartz, Weiss, Cohan, Feldman & Sma]le , For Attorney gees Y P. C. (c) TO' Common Benefit Expense Funds $55,497.52 1 °~ Assessment (d) TO~ Medicare $2,954.18 For Satisfaction of Assessed Lien (e) TO~ WRONGFULD $143.27 Joan Raudenbush ATH CLAIM (Widow/Sole Beneficiary) (fl To; $103,351.30 SURVIVAL CLAIM Joan Raudenbush (Widow/Sole Beneficiary) $11,483.48 TOTAL: $174,083.18 ORPHANS'COURTDIVISION In Re: WILLIAM RAUDENBUSH ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-1120 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: im~oino JUDGE'S INITIALS: EEG TIME STAMP DATE: 10/29/09 ~ ~~ ORDER SERVICE TO: WAtiTiR r nrirc METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 10/29/09 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^USPS ^ RRR ^ HAND DELIVERED ^ OTHER ENVELOPES PROVIDED BY MAILED: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Cumberland County - Register Of wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 12/09/2009 SKOFF STEVEN CARL ESQUIRE SMIGEL ANDERSON & SACKS LLP 4431 N FRONT STREET HARRISBURG, PA 17110 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: C1 N b o Ya i ~ ~ i ~~ T n - n :~r r- T 1 E:~ E'ri ~ L cnX ~ -s. :_7 _ ~ .,~.~, ~'~ r,a t_.a O t0 This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET N0. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wi11s a Status Report of completed or uncompleted administration. This filing is due by: 1/04/2010 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, i~~ tit~.2~L7LZt./ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 Date: 12/09/2009 LOGUE WAYNE 120 LEE DRIVE MARYSVILLE, PA 17053 RE: Estate of RAUDENBUSH WILLIAM E File Number: 2004-01120 Dear Sir/Madam: o c `O - ~r .~ ~n v n i -. c r ~ ~ ~ ~ ~ i y~x --T> ~ f~ r i 3 ~ a --1 ~ _:~ r'r-j y ~ c. a° C_> '' This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, N0. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 1/04/2010 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, / l ~~ Ill ~~ i' i~/I~ t e t l Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel 1505607121 J REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue County Code Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN Po Box 28oso1 2 1 0 4 1 1 2 0 Harrisbur , PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 2 1 1 2 6 7 4 0 0 0 1 0 4 2 0 0 3 0 8 0 2 1 9 3 4 Decedent's Last Name Suffix Decedent's First Name MI R A U D E N B U S H J R W I L L I A M E (If Applicable) Enter Surviving Spouse's Information Below MI Spouse's Last Name Suffix Spouse's First Name R A U D E N B U S H J O A N L Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 2. Supplemental Return ^ 4a. Future Interest Compromise (date of ^ death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death ^ between 12-31-91 and 1-1-95) 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required ^ 1. Original Return ^X ^ 4. Limited Estate ^ ^ 6. Decedent Died Testate ^ (Attach Copy of Will) a 9. Litigation Proceeds Received ^ CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number H E A T H E R D- R O Y E R E S Q? 1 7 2 3 4 2 4 0 1 __ - ---------- -- Firm Name (If Applicable) REGISTER OF WILLS USE ONLY S M I G E L A N D E R S O N & S A C K S First line of address 4 4 3 1 N O R T H F R O N T S T- ~ ~~ Second line of address ~ `~' ~ ~ r =~ '--- ,- ~ ~ c~ c-~ ~ , 3 R D F L O O R L~~ DAT~-fF#~[7~~ N ' ' City or Post Office State ZIP Code - - - - - -~- '~ ~ A H A R R I S B U R G P A 1 7 1 1 0 ~' ~~''~~ ~' C~7 -~- ~. .. .`~~wj Correspondent's a-mail address: HROYER(c~SASLLP COM -~ w ° Y , Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and bel , it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNA~F~ OF PERSO RESP IBLE FOR FILING RETURN DATE 11 /z- .O ADDRESS i,~n I FE DRIVE _ MARYSVILLE _ PA 1,7053 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE ADDRESS 441, N. FRONT ST-, 3RD FL _HARRISBURG PA 17110 8. Total Number of Safe Deposit Boxes 11. Election to tax under Sec. 9113(A) (Attach Sch. O) PLEASE USE ORIGINAL FORM ONLY L 1505607121 Side 1 1505607121 J `. r '[22L09S054 'C22L0950S'[ Z aP!S 1N3WJldda3A0 NH ~O aNf1~321 d JNI1S3flb3a 321b f1OJl ~I ldnO 3Hl NI llld 'OZ 0 0 '0 .6~ ................................................ and Xel'66 0 0 . 0 .8 ~ 0 0. 0 5 ~' X a~e~ lea}elloo ~e algexe~ b~ aull ~o ~unouay •g~ 0 0 ' 0 ~L ~ 0 0. 0 z 6' X a~e~ 6ullgls ~e algexe~ {~ ~ au!l }o ~unouay •L ~ 0 0 0 'gL 0 0 0 0• X a}e~ leauy ~e algexe; ~,~ aul~ ~o l,unouay ~g~ 0 0 ' 0 'S t. Q h' E g h 'I 2 0' x (z' ~)(e) gl. 66 'oaS ~apun s~a~sue~~ ~o 'a~e~ xe~ lesnods aye ~e algexe~ ~~ aul~ ~o ~unouay 'S6 S31V?! 319d~llddd 21Od SNOI1~f1211SN1 33S - NOI1V1f1dW0~ XVl Q fi • E Q fi T 2 'b6 .... ... ........... (£L aull snulua Z6 aul~) xel o~ ~oafgng anleA 3aN 'b6 • ~£ ~ " " " " " " " " " (t• alnpayog) apeua uaaq you sey xe~ o~ uol~oala ue y~!ynn ao~ s~sn~l £ l L6 oaS/s}sanba8 le~uauau~anoO pue alge}l~ey~ .£ ~ Q fi • E ~ h 'C 2 'Z6 .... ... .................. (L L aul~ snulua g aull) a~e~s3 ~o anlen ~aN 'Z6 • ' L L .... ... .................... (0 L '8 6 scull le~o~) suol;onpaa le;ol ' L L • '0 ~ ' ' ' ' ' ' ' ' • • • ~ (l alnpayog) suall ~ `sal~lllgell a6e6~olN ';uapaoad ~o s~gaa 'p ~ • '6 ~ ~ • ~ ~ ~ ~ ~ ~ ' ' • ~ ~ ~ ' (H alnpayog) s~so~ anl~e~~sluluapy'S sasuadx3 leaaun~ 'g Q h •E S h 2 'C .8 .................::_~ ....... (L-~ scull le~o}) sassy sso,~O le~ol '8 • .L ....... pa~sanba~ 6ulill8 a~e~edaS ~ (O alnpayoS) ~(~adad a~ego~d-uoN snoauellaoslUV '8 saa~sue~l sonln-~a~ul 'L •g ~ • ~ ~ ~ ~ ~ pa~sanba~l 6u!II!8 a~eaedaS ~ (d alnpayoS) ~(~ado~d paunnp ~l~ulof 'g Q ~ . E Q fi I I 'S ' ' ' ' ~ ~ ~ (3 alnpayoS) ~(}~adoad leuos~ad snoauellaoslw ~ s~lsodad ~lue8 'yse~ .5 • .~ ........................ (4 alnpayoS) algenlaoab sa~oN +g sa6e6~olN ~~, • .£ ' ' ~ ~ ~ (~ alnpayoS) dlys~o~audo~d-clog ~o dlys~au~ed `uoll,e~od~o~ plaH ~(lasol~ 'E .Z .................................. (8 alnpayoS) spuo8 pue s~loo~S 'Z • ' L (d alnpayoS) a~e~sa leab ~ ~ NOllylf111dy~32! O O h Z 9 2 2 2 2 ~! f `' H S fl 8 N 3 Q f111 ~' 3 W d I 11 I m :aw~N s,luapa~aa aaquanN ~(~lanoaS lelooS s,~uapaoaa X3 005 ~-n3b 'C22L09S052 1 File Number k~EV-1500 EX Page 3 Decedent's Complete Address: 21 04 1120 DECEDENT'S NAME WILLIAM E. RAUDENBUSH, JR. - - - _ _ - - -_ STREET ADDRESS 1305 KINGSLEY ROAD -_ _ __-- -_._-_ --_--_ --_--_------ _ ___-- --- CITY I STATE Z CAMP HILL PA 17011 Tax Payments and Credits: ~. Tax Due (Page 2 Line 19) (1) 0.00 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits (A + B + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 0.00 If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. 4 . Fill in oval on Page 2, Line 20 to request a refund. (4) 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) 0.00 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes ^ No X ...................................... .......................... a. retain the use or income of the property transferred; ...... ^ X ^ b. retain the right to designate who shall use the property transferred or its income; ......................... ...... ^ X ....................................... ................................................... c. retain a reversionary interest; or ...... ^ X ^ d, receive the promise for life of either payments, benefits or care? ................................................. ...... 2. If death occurred after December 12,1982, did decedent transfer property within one year of death ^ X .. ................................~ ...... ...................................... . without receiving adequate consideration? h ...... ^ ^ n . ... 3. Did decedent own an m trust for or payable upon death bank account or security at his or her deat ...... Did decedent own an Individual Retirement Account, annuity, or other non-probate property which 4 . contains a beneficiary designation? ............................................................................................ ...... ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. .REV-1508 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER WILLIAM E. RAUDENBUSH, JR. 21 04 1120 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. VALUE AT DATE ITEM OF DEATH NUMBER DESCRIPTION ~, ESTATE OF WILLIAM E. RAUDENBUSH, JR. SURVIVAL CLAIM -SUPERIOR 11,483.48 COURT OF NEW JERSEY NO. ATL-L-0068-05. FINAL DISBURSEMENT. SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY TOTAL (Also enter on line 5, Recapitulation) I $ 11,483.48 (If more space is needed, insert additional sheets of the same size) ~tEV-1513 EX + (9-~0) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ESTATE OF WILLIAM E. RAUDENBUSH, JR. 21 04 1120 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE j TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1, JOAN RAUDENBUSH Spousal 11,483.48 1302 KINGSLEY ROAD CAMP HILL PA 17011 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET jj, NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET I $ (If more space is needed, insert additional sheets of the same size) 1710 Spruce Street PA 191 U3 l hi Phil d y a of Schwa rtz An R~CE~VED a, a e p "~ ~ 1040 Kings Highway North Suite 304 A T T O R N E Y S A T L A W ~9~?~ ._ / ,r,., Q Cherry Nill, NJ 08034 Q 25Z Boas Street Amber M. Racine, Esquire Harrisburg, PA 17102 1710 Spruce Street 148 North 8th Street Philadelphia PA 19103 Reading, PA 19601 aracine@anapolschwartz.com 230 North Monroe Street Media, PA 19063 {215) 790-4564 Direct Dial 8912'"Street (215) 875-7740 Direct Fax whaeiing,lNV 26003 866.735-2792 Toll Free November 12, 2009 www.AnapolSchwartz.com 'VIA CERTIFIED MAIL Mr. Wayne Logue 1302 Kingsley Road Camp Hill, PA 17011 Re: Estate of William Raudenbush Vioxx Claim Dear Mr. Logue: I am pleased to inform you that the Court has approved the disbursement of your settlement funds. A copy of the Court's Order is enclosed for your records. In accordance with the Court's Order, I enclose two checks. Check No. 293340, in the amount of $103,336.30 is made payable to your mother-in-law, Mrs. Joan Raudenbush. This check represents the wrongful death claim proceeds. Please note, the cost of filing the Petition to Allocate was deducted from the wrongful death proceeds. A copy of the receipt for filing the Petition is enclosed for your reference. Also enclosed. is Check No. 293341 in the amount of $11,43.48, made payable to the Estate of William Raudenbush. This represents the .survival claim proceeds. As you know, you are responsible, in your capacity as Executor, for disbursing the survival claim proceeds to Mrs. Joan Raudenbush in accordance with the Court Order. Please be sure to contact an estate attorney to assist you with any estate administration issues. Please contact me if you have any questions. Thank you. V y truly yours, --. .r" -• ,w,,,,,,,.....,.»....--~--- ~~ E AMR:jac cc: C. Lee Anderson, Esq. K .vin Mar .iann._ F.fin. Anapai, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. ~N ~~ ~ o ~~ ~o .cx~ ~P~ ~o ~ ~a~°`~ SMIGEL,ANDERSON & SACKS~~P EMAIL: hroyer@sasllp.com www.sasllp.com December 16, 2009 Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 raF'ile No. 7 2-~' ~; ~ :A ~..:' ",i __ . _, .. ,. ~ N ~. r,' ~ C ~ ' s , - -~ . ~ ~ ; ~ ~ ,,,o _ c.::.~ ~ : c~ i ;~ ~'~ ~ ~..~ ~ , -~- ~ Re: Estate of William E. Raudenbush a/k/a William E. Raudenbush, Jr. No. 2004-01120 Dear Sir or Madam: Enclosed please find for filing in the above-referenced Estate: 1. Three copies of the Supplemental Inheritance Tax Return along with our check in the amount of $15.00 for filing same; and 2. Three copies of 6.12 Status Report. Please timestamp the copies and return them to our office, along with the receipt, in the self- addressed, stamped envelope provided. Thank you for your attention to this matter. Very truly yours, C, /alh A y L. aines, Paralegal Enclosures to Heather D. Royer HEATHER D. ROPER, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9767 FACSIMILE (717) 234-3611 4431 North Front Street Harrisburg Pennsvlvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF ~UMBERI-AND COUNTY, PENNSYLVANIA Name of Decedent: WILLIAM E. RAUDENBUSH JR. Date of Death: 1/4/2003 File Number: 21 04 1120 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :........................ Q Yes ^ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court?......... ^ Yes Q No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ...................................... 0 Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: c'7 Q c _:~ r ; ., . r- ... N .._.. ~ 1 c_ . t i N ~ -' .; ,_._ ~ ~~: C ~ s_j - W ~ C` C~ . ,.. ~. ~.. +~ ~ c,.s Signature of Person Filing this Form Capacity: ^ Personal Representative ~ Counsel HEATHER D ROYER ESQ Name of Person Filing this Form 4431 N. FRONT ST. 3RD FLOOR Address HARRISBURG PA 17110 717-234-2401 Telephone Form RW-10 rev. 10.!3.06 NOTICE OF INHERITANCE TAX pennsy van~a ~ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION APP-Rn4ri:56M.ENT}-„Ei#~~tNCE ;~OR DISALLOWANCE DEPARTMENT OF REVENUE - ~ t s q OF_,`_D~DU~TIO~±I~S,'; D ASSESSMENT OF TAX REY-1547 EX AFP C12-04) PO 80X 280601 ~; ~ ,_f , ~+. ii_ ~ .~ - HARRISBURG PA 17128-0601 ~~ll~ ~~Y ~S P ~ ~ ~ S ESTATE OF RAUDENBUSH WILLIAM E DATE OF DEATH 01-04-2003 CLERK C~ FILE NUMBER 21 04-1120 O~RPH~N`S'~OURT COUNTY CUMBERLAND HEATHER D ROYER ESQ (~~~~,~~? /~~<<~ (~;(l.r ~'~1, ACN 502 SMIGEL ETAL APPEAL DATE: 07-23-2010 4 4 31 N F R O N T S T 3RD F (See reverse side under Objections HARRISBURG PA 17110 Amount Remitted -~ MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 17013 ~ R_ETA_IN LOWER POR_TION_ FOR CUT ALONG THIS LINE YOUR RECORDS ~ __ _______________ _ REY-1547 EX AFP C12-09~ NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF: RAUDENBUSH WILLIAM EFILE N0.:21 04-1120 ACN: 502 DATE: 05-24-2010 TAX RETURN WAS: CX) ACCEPTED AS FILED C ) CHANGED APPRAISED VALUE OF RETURN BASED ON: LITIGATION RETURN 1. Real Estate (Schedule A) (1) .0 0 NOTE: To ensure proper C2) .0 0 credit to your account, 2. Stocks and Bonds (Schedule B) submit the upper portion 3. Closely Held Stock/Partnership Interest (Schedule C) C3) .0 0 of this form with your 4. Mortgages/Notes Receivable (Schedule D) (4) .0 0 tax payment. 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5) 11,483.48 6. Jointly Owned Property (Schedule F) (6) .0 0 7. Transfers (Schedule G) (7) .0 0 8. Total Assets CS) 11 , 483.48 APPROV ED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Gosts/Misc. Expenses (Schedule H) t9) .0 0 10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) .0 0 11. Total Deductions (11) .0 0 11,483.48 12. Net Value of Tax Return C12) 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) C13) •0 ~ 14. Net Value of Estate Subject to Tax (14) 11 , 483.48 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns asses sed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate C15) 11,483.48 X 00 - .00 16. Amount of Line 14 taxable at Lineal/Class A rate C16) .0 0 x 0 4 5 = .0 0 17. Amount of Line 14 at Sibling rate C17) .0 0 X 12 = .0 0 18. Amount of Line 14 taxable at Collateral/Class B rate C18) •0 0 X 1 5 = .0 0 19. Principal Tax Due C19)' .0 0 TAY f'RFi1TTS PAYMENT DATE RECEIPT NUMBER DISCOUNT C+) INTEREST/PEN PAID C-) AMOUNT PAID TOTAL TAX PAYMENT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. C.~ ~