Foley & Small Files Motion on Payment Delay

Foley & Small and attorneys from other states, all representing individuals suffering injuries as a result of receiving contaminated epidural injections manufactured by NECC, have filed a motion seeking a delay in the payment of fees and expenses to attorneys, located primarily in Massachusetts, working on the Plaintiffs Steering Committee. Click here to see a copy of the motion and click here to see a copy of the response memorandum to the fee payment request.

The great majority of injured claimants have not received payment nor have they received, in most cases, letters on resolving their Medicare or health insurance liens. Processing of the lien letters is first required before payments can be made. There has been an inordinate delay the processing of the lien letters and in issuing settlement payments from the NECC Tort Trust. The motion states that as of November 1, less than 4% of the Tort Trust funds had been distributed and less than 14% of approved claimants had received their initial payments.
The motion asserts that it would be unwise, for several reasons, to pay the PSC lawyers before injured claimants receive their first payment. Paying the PSC attorneys before innocent victims receive their payments would offend those victims, would undermine public confidence in the NECC proceedings and it would remove the financial incentive to the PSC attorneys to speed up and complete the issuing of payments. Removing the financial incentive to the PSC attorneys would further retard the already lethargic pace of settlement payments.
There is a status conference set for December 8, it is contemplated that the judge in the MDL proceedings will take up the motion and address the delay in payment situation at that time.

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