case in 3rd Circuit

[judyd]

look for case 10-1685 in 3rd circuit court of appeals. Same Pacer log-in as District Court

[shcook]

What is being appealed? I do not know how to log in to Pacer.

[judyd]

my district court decision is being appealed -for Pacer you register and sign on just like you do here and if you view a page each page costs you $.08, but you have to agree to charge to get charged . Here is a link, just copy it into your browser and enter it.


pacer.login.uscourts.gov/cgi-bin/login.pl

[realMarie]

Judy's appeal is not being appealed - the appeal is finished. The 3rd circuit agreed with the claim denial issued by the district court. You don't have to log in to PACER, register anywhere or otherwise pay any money to view this 3rd circuit decision. It's available on the 3rd circuit website and here's a link to it
www.ca3.uscourts.gov/opinarch/101685np.pdf

Judy, I know this wasn't the decision you were hoping for, but it's a victory of sorts none-the-less. You had a technical advisor report stating that your level of regurg was indeed mild rather than trace or physiological, and that fact has now been acknowledged by not only the district court but the 3rd circuit as well. That's all you need to try again and file another claim by 2/2015. You won't get the full benefit on Grid A , but surely whatever you might possibly get on the lower grid is better than the nothing you would have gotten had you not fought the auditors decision. Best wishes to you - Marie

[judyd]

Sorry to disappoint you Marie, but The Appeal is not yet finished-you are allowed to present it to the whole of the judges (En Banc) for a second review and then can present it to the Supreme court. The response we were given was basically a copy of district court's decision in a shorter version. I would guess, drawn up by a court clerk and not even given a good read by the panel of judges

[nick]

Marie, if you wouldn't mind, could you pull this motion and post?

thanks

I am guessing that this claimant might have found something to chew on from the trust's review of her claim (not the auditor's review) or found some more information concerning the green form algorithm review that the trust runs. (fyi the 7th review does not incorporate these two reviews nor did it require a completeness review)

Heart Valve Claimant Says Trust Conceals Influence Over Auditor
PHILADELPHIA - A woman asserting a claim for heart valve surgery against the American Home Products (AHP) national diet drug settlement has asked the judge supervising the settlement to compel discovery, saying in an April 29 motion in the U.S. District Court for the Eastern District of Pennsylvania that the trust was attempting to conceal evidence that it had improperly influenced the cardiologist who audited her claim (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).

[JJ]

hummmmm

maybe she has something there!!