The Fund and the Refund

At a Lake Tahoe conference in September 1991, all attorneys representing clients who were seeking damages for using l-tryptophan agreed that: "upon receiving a verdict or settlement of their EMS cases they are to contribute one-half percent of the settlement/verdict amount to the L Trytptophan Steering Committee for compensation of Discovery costs. At the close of the MDL, the remaining unexpended money is to be returned to those attorneys and plaintiffs who contributed to the fund." At the close of the MDL, money will go first to the law firm(s) who handled the Fund for over 13 years.  

Not everyone who was involved in litigation is eligible for this refund. Only those who filed cases in years 90-92 are eligible. Some people may still believe they will be receiving a refund of the entire ½ of 1%, however, the amount of the refund will likely be small. The fund covered the cost including lawyers who made many trips to obtain depositions from SDKK’s Japanese employees, the translation of the Japanese depositions, and all the legal fees involved in the management of the class action suit.

When the last case is settled, an audit of the MDL must then take place. When refund time arrives, each litigants’ refund will be sent to his/her attorney who will, in turn, forward the refund to clients. If you believe you are receiving a refund, consult your attorney later on this year after the audit is performed. Consider donating it to NEMSN.