Sulzer Implant Settlement |
CLASS ACTION SETTLEMENT AGREEMENTAnnex IIIMEDICAL RESEARCH AND MONITORING PROPOSALDisposition of the Medical Research and Monitoring Fund will be the responsibility of the Court. An advisory board will be established for the purpose of providing recommendations and advice to the Court to assist in the stewardship of the Medical Research and Monitoring Fund. The advisory board will be comprised of the following 6 members: (1) the Claims Administrator; (2) a representative appointed by Sulzer; (3) a representative appointed by Class Counsel; (4) two representatives appointed by the governing body of the American Academy of Orthopedic Surgeons; and (5) a representative appointed by the Special State Counsel Committee. Members of the advisory board will not receive compensation specific to their service as board members. The intended purpose and uses of the Medical Research and Monitoring Fund include: (1) study of Class Members for the purpose of recognition and identification of medical issues unique to the experience of class membership; (2) the establishment and maintenance of a registry for the preservation of medical information arising from the use of the Affected Products; (3) the support of medical research and scholarship that may rely upon information preserved by the registry; and (4) the establishment of protocols for access by third parties to information contained in the registry for the purpose of medical research and scholarship. To the greatest extent possible, and to the degree consistent with the purposes of the Medical Research and Monitoring Fund, the Court will preserve the privacy and confidentiality of the patients and physicians whose information may be contained in the registry. In addition to documents and medical records, the registry is also authorized to take constructive possession of radiographic films, explants, pathology samples, or other similar residue that may have medical value in support of the purposes and uses of the Medical Research and Monitoring Fund. Members of the advisory board may be reimbursed for reasonable expenses incurred as a result of their service on the advisory board. The Trust Agreement may provide for successor governance of the Medical Research and Monitoring Fund to the extent the fund exists beyond the term of the Trust.
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