On June 4, 2026, the Court entered PTO 10: Timekeeping and Expenses Protocol (Dkt. No. 189), which sets forth detailed instructions for the performance of common benefit work, and for the type of work and expenses that could qualify for potential compensation and reimbursement. Pursuant to PTO 10, the recovery of common benefit attorneys’ fees and cost reimbursements will be limited to “Participating Counsel,” defined as Plaintiffs’ Co-Lead Counsel and members of the PSC (along with members and staff of their respective firms), or other counsel authorized in writing by Plaintiffs’ Co-Lead Counsel to perform work that may be considered for common benefit compensation. PTO 10 is available here.
On June 11, 2025, the Court entered PTO 16: Establishing a Common Benefit Fee and Expense Fund (Dkt. No. 206), which sets forth a system of assessment on any settlements and recoveries, to provide for the fair and equitable sharing, among all beneficiaries, of the value of the services performed and expenses incurred by attorneys acting for the common benefit of all plaintiffs in this complex litigation.
PTO 16 applies to:
- All cases or claims now or later subject to the jurisdiction of this Court in this MDL, regardless of whether the case is resolved while the case is pending before this Court, after a remand from this Court to the transferor court, or in bankruptcy (whether or not such a case reaches final judgment while in the jurisdiction of this Court);
- All cases or claims, filed or unfiled, in which any counsel associated with any one case filed in or transferred to this MDL has a fee interest;
- All cases or claims settled pursuant to any settlement agreement negotiated or supervised by Plaintiffs’ Co-Lead Counsel;
- All cases, filed or unfiled, in which any counsel associated has access to or uses MDL work product; and
- All cases, filed or unfiled, in which any counsel associated signs a Participation Agreement.
The assessment shall be 7% for fees and 2% for costs. The 7% fee assessment is payable from the attorneys’ fee portions of the “Gross Monetary Recovery” (the 2% costs assessment may come from the client’s portion). The assessment applies, unless otherwise ordered, to all settlements reached and judgments entered in covered cases, whether from the date this MDL was awarded or after the date of this Order.