Protocol manufacturers not jointly and severally liable for liability of non-Protocol manufacturers. Trials involving both protocol and non-Protocol manufacturers to be severed. Plaintiffs - a. Claims of individuals, or claims derivative of such claims, must be brought either by person claiming injury or heirs. No removal except under paragraph 2 above. Suitable provision for settlement consultation and permission.
Manufacturers retain any insurance proceeds on account of defense costs.
In the event that the annual aggregate cap is not reached in any year, a Commission appointed by the President will determine the appropriate allocation of the amount representing the unused amount of the credit. The Commission will be entitled to consider, among public health, governmental entities, and other uses of the funds, applications for compensation from persons, including nonsubrogation claims of third party payors, not otherwise entitled to compensation under the Act. Defense costs paid by manufacturers. The following provisions apply to suits for relief arising from future conduct - i.e., suits claiming injury or damage caused by conduct taking place after the effective date of the Act.