EXHIBIT H

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

IN RE: ETHICON, INC. PELVIC REPAIR )

SYSTEM PRODUCTS LIABILITY LITIGATION )

) MDL NO. 2327

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THIS DOCUMENT RELATES TO ALL CASES )

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PRETRIAL ORDER # 236

(ORDER APPOINTING CATHY YANNI AS SPECIAL MASTER 

FOR PRIVATE SETTLEMENT AGREEMENTS BETWEEN ETHICON AND CERTAIN 

PLAINTIFFS’ COUNSEL)

Blasingame, Burch, Garrard & Ashley, P.C. (collectively, “Plaintiffs’ Counsel”) has

entered into a separate Confidential Settlement Agreement (the “Settlement Agreement”) with 

Ethicon, Inc. and related entities defined by agreement as “Ethicon” to resolve the claims related 

to the implantation of Ethicon Pelvic Mesh Products (as defined in the Settlement Agreement). 

Under the provisions of the Settlement Agreement, Plaintiffs’ Counsel has agreed to seek the 

approval of this Court to appoint a Special Master to perform certain defined functions related to 

the administration and implementation of the Settlement Agreement. Plaintiffs’ Counsel believes 

that Cathy Yanni is well-qualified to perform these and other functions discussed below.

Accordingly, Plaintiffs’ Counsel request, pursuant to the Court’s inherent case 

management powers, the appointment of Cathy Yanni to assist in the administration and 

implementation of their settlement with Ethicon, with the authority to:

 Determine that the calculation, allocation, division and distribution of settlement payments 

among the claimants pursuant to the terms of the Settlement Agreement provides for fair 

and reasonable compensation for each client based on the facts and circumstances of this 

litigation, including the risk to all parties of litigation, the cost, the time delay, the medical 

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evidence, the science, the compensation circumstances, and the inherent risk of litigation 

generally;

 Serve as mediator to facilitate the resolution of any disputes that may arise related to the 

categorization and processing of claims under the terms of the Settlement Agreement;

 Serve as arbitrator in binding arbitration for any insurance companies or other third-parties 

who agree in writing with Plaintiffs’ Counsel to submit any disputes regarding whether or 

not health care coverage and reimbursement claims fall within the scope of the litigation 

and therefore subject to insurance liens or subrogation rights, and if so, the amount of such 

liens under terms of the applicable agreement between counsel and the insurer;

 Serve as mediator of claims as jointly requested by Plaintiffs’ Counsel and Ethicon; and

 Serve as the final and binding arbitrator on any and all Appeals asserted by claimants to 

the settlement allocation.

Ethicon does not oppose Plaintiffs’ Counsel’s request. The Court, pursuant to its inherent 

authority, and having considered the request, and cognizant of the important public policy of 

encouraging settlement among litigating parties, hereby issues the following Order.

IT IS ORDERED THAT:

1. Cathy Yanni, JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111, is 

hereby appointed as the Special Master for the administration of the settlement reached 

between Blasingame, Burch, Garrard & Ashley, P.C., and Ethicon, related to the 

implantation of Ethicon Pelvic Mesh Products (as defined in the Settlement Agreement).

2. The duties of the Special Master shall be as set forth in the Settlement Agreement entered 

into between Plaintiffs’ Counsel and Ethicon. A purpose of this Order is to provide all 

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parties and their counsel with notice of the availability of the Special Master to assist in the 

process of settling claims related to Ethicon Pelvic Mesh Products.

3. In furtherance of the fair and efficient administration and implantation of the settlements, 

the Special Master may have ex parte communications with the parties to the Settlement 

Agreement, Plaintiffs’ Counsel and their clients, Ethicon and its counsel, or the Court, and 

such ex parte communications shall not be deemed to have waived any attorney-client 

privileges.

4. The Special Master shall be compensated privately as specified respectively in the 

Settlement Agreement or by agreement with the Special Master. The Court will approve 

all compensation made to the Special Master. The Court approves payment of the Special 

Master in accordance with the following:

a. Claimants and Plaintiffs’ Counsel and the Special Master agree that the JAMS will 

receive a payment of $300.00 per case or claim which is the subject of the 

Settlement Agreement, plus $10,000.00 per calendar quarter commencing with the 

calendar quarter in which the Settlement Agreement is entered, and $2,000.00 per 

appeal for any claim which is the subject of an appeal to the Special Master. 

5. Subject to approval and Order of the Court, any firm settling claims against Ethicon related 

to its pelvic repair system products may engage the Special Master to perform the duties 

as set forth in that party’s settlement agreement. When so approved by the Court, this Order 

shall apply.

6. An affidavit by the Special Master has been submitted and is attached hereto.

7. The Special Master shall report to the Court on a quarterly basis or as requested by the 

Court.

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The Court DIRECTS the Clerk to file a copy of this order in 2:12-md-2327 and it shall 

apply to each member related case previously transferred to, removed to, or filed in this district, 

which includes counsel in all member cases up to and including civil action number 2:16-08640.

In cases subsequently filed in this district, a copy of the most recent pretrial order will be provided

by the Clerk to counsel appearing in each new action at the time of filing of the complaint. In cases 

subsequently removed or transferred to this court, a copy of the most recent pretrial order will be 

provided by the clerk to counsel appearing in each new action upon removal or transfer. It shall be 

the responsibility of the parties to review and abide by all pretrial orders previously entered by the 

court. The orders may be accessed through the CM/ECF system or the court’s website at 

www.wvsd.uscourts.gov.

ENTER: September 8, 2016 

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