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Medical Benefits Settlement Agreement Preliminary Approval

April 25, 2012


Focal Point: Health benefits for class members
Compensation for acute and chronic physical conditions generally associated with short-term exposure to oil and/or dispersants Long term medical consultation program Litigation right for later manifested physical illness Gulf Region Health Outreach Program: Community-based programs designed to address and improve physical and mental health in impacted coastal areas of Louisiana, Mississippi, Alabama and the Florida Panhandle

CLEAN-UP WORKERS, comprised of individuals who participated in work to recover the oil, skim the oil, disperse the oil, remove tar balls, recover wildlife, or other activities involved in the oil spill response effort on both land and water, and who worked sometime between 4/20/2010 and 4/16/2012 RESIDENTS IN ZONE A (beach areas) who resided in zone for 60 days between 4/20/2010 and 9/30/2010 and have a specified physical condition RESIDENTS IN ZONE B (wetlands areas) who resided in zone for 60 days between 4/20/2010 and 12/31/2010

Compensation for Specified Physical Condition

Acute Conditions/Symptom(s)
Occular eye irritation; eye burn Respiratory acute rhinosinisitis, tracheobronchitis or bronchitis; nasal congestion; headache; cough; shortness of breath Exacerbation of asthma Exacerbation of COPD Nose bleeding Throat irritation Dermal rash; swelling; redness; welts; blistering Acne vulgaris Neurophysiological headache; dizziness; fainting; seizure Gastrointestinal diarrhea; nausea; vomiting; abdominal pain

Compensation for Specified Physical Condition

Chronic Conditions/Symptoms
Occular sequela of chemical splash to eye, including damage to cornea Respiratory Chronic rhinosinusitis Reactive Airways Dysfunction Syndrome Dermal Contact dermatitis Eczematous reaction

Specified Physical Condition Compensation Matrix

Level A1 Clean-Up Workers or Residents Both Proof Standard Clean-Up Worker = declaration Resident = declaration plus other extrinsic evidence Declaration plus medical records Declaration plus information in BP database(s) Declaration plus information in BP database(s) Lump Sum Compensation Clean-Up Worker - $1300 Resident - $900 Clean-Up Worker - $7750 Resident - $5450 $12,350 $2700 Enhancer for hospitalization and actual hospital costs* No


Both Clean-Up Workers only Clean-Up Workers only (heat related) Both

Yes Yes Yes

A3 A4



Declaration plus medical records supporting declaration and supporting ongoing nature of condition

Clean-Up Worker - $60,700 Resident - $36,950


* Enhancer for overnight hospitalization: Day 1 - $10,000.00; Days 2-6 - $8,000.00/day; Day 7 onwards - $10,000/day.

Periodic Medical Consultation Program

Available to all class members Initial exam and follow up exam every three years Program lasts for 21 years Claims Administrator identifies facilities for consultation services (goal within 25 miles of claimants residence) and schedules medical consultations Comprehensive medical, occupational, and environmental history; vision screening; specified blood, urine, cardiac, and respiratory tests (at physicians discretion) Ongoing communication to enhance participation

Back End Litigation Option for Later Manifested Illnesses Who

All class members who develop later manifested physical conditions

Right to file suit against BP for compensatory damages for later manifested illness BP has right to mediate before litigation BP does not contest oil spill or fact of claimants exposure Plaintiff required to establish that his or her illness was caused by exposure to the oil Must elect between filing Workers Compensation claim or Back End Litigation Option Lawsuit May not claim or recover punitive damages against BP

Gulf Region Health Outreach Program

Grants totaling $105 million to expand capacity for and access to healthcare services, including primary care, mental health services, and environmental medicine in Gulf Coast communities of LA, MS, AL and the FL Panhandle. 5-year program Participating Institutions: Louisiana Public Health Institute; LSU; Tulane; Southern MS; South AL; West FL Projects Primary Care Capacity Project Mental and Behavioral Health Capacity Project Environmental Health Capacity and Literacy Project Community Health Workers Training Project Library 9


Expand access to integrated, high quality, sustainable, community-based primary care, with links to specialty mental and behavioral health and environmental and occupational health services Provide short-term mental and behavioral health treatment in communities affected by the Deepwater Horizon oil spill and longer term supportive services Educate Gulf Coast health professionals in environmental and occupational health issues Train and integrate community health workers across Gulf Coast


Primary Responsibilities
Processing claims for Specified Physical Conditions Implementing Periodic Medical Consultation Program Performing administrative functions for Gulf Region Outreach Program Administering Back End Litigation Option process Serving as trustee for Qualified Settlement Fund


Qualifications 14 years experience in administration and resolution of mass tort and complex class action settlements Specialists in procedures for lien resolution and Medicare-related administration 200+ employees, including attorneys, healthcare analysts and nurses, plus new offices and staff in New Orleans for settlement administration