Order CMO #55 introduces the Intensive Settlement Process (ISP) to streamline case resolutions. As part of this initiative, Ellen K. Reisman and John Jackson have been appointed as Special Masters to oversee and manage the process. Their responsibilities include supervising settlement discussions, mediating disputes, and ensuring the ISP moves forward efficiently. They will provide quarterly status updates to the Court regarding the ISP’s progress.

The ISP is set to begin in January 2027—yes, that’s correct. If you choose to opt out and pursue an independent settlement, you could be left waiting for more than two years before any progress is made.

From that point, monthly settlement conferences and mediation sessions will take place to resolve outstanding claims. Plaintiffs must submit detailed settlement proposals before negotiations begin. If initial discussions do not lead to resolutions, formal mediations will be held, with a Special Master overseeing the process. Mediation costs will be split equally between Bard and the participating plaintiffs.

The ISP will remain active until all pending claims are addressed, offering plaintiffs a structured opportunity to reach settlements. However, if cases are still unresolved by June 2029, claimants may choose to exit the ISP and proceed under the relevant docket control orders. For those considering a trial, this means waiting over four and a half years just to restart the legal process. Will this frustrate a lot of plaintiffs? Absolutely.

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