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IMPORTANT UPDATE
On October 2, 2008, the Court entered an Order Regarding Distribution and Modification of Scheduling Order. Among other things, this Order directs The Garden City Group, Inc. to issue an initial partial distribution in the amount of $9,000 to claimants who have submitted claims that have been deemed valid and complete. The first checks for this initial distribution were mailed on October 3, 2008. As additional claims are deemed valid and complete, The Garden City Group, Inc. will mail checks in the amount of $9,000 to those claimants. These mailings will occur every two weeks.
For more information, please review the Frequently Asked Questions.
Important message from the Trustee regarding actual or potential liens from any source, including Medicare, against the Engle Trust Fund.
The Trustee of The Engle Trust is not aware of any actual or potential liens that any source, including Medicare, may have against the Engle Trust Fund. The position of the Trust is that any such liens if subsequently asserted against any of the equal disbursements to former class members would be based on a misunderstanding of the origin and unique nature of the Engle Trust Fund. The Trust Fund was established through a payment by former defendants for the guarantee of an extended stay of the class-wide punitive damages judgment [assuming punitive damages were affirmed], beyond defendants' automatic statutory stay through review in the Third District Court of Appeal of Florida. Class-wide punitive damages were vacated and never reinstated. The Engle Trust Fund (formally known as the Engle Guaranteed Sum) was never intended to be and is not compensation for any former class member who is a beneficiary of the Fund, and is not compensation for pain and or suffering or reimbursement for medical expenses or compensation of any kind. Former Class members retain their full claims for compensatory damages (and punitive damages) against all defendants in the underlying Engle class action, under the condition (one year to file suit) set forth in the Opinion of the Florida Supreme Court. The separate individual lawsuits are distinct from the Engle Trust Fund. Attorneys representing former class members are welcome to make their own analysis of the issues and reach their own determination based on the undisputed origin of the Fund.
Overview
The Engle Class Action was filed in 1994 and went to trial against the tobacco industry in July 1998. A distinct, unprecedented monetary fund of over $600 million (the "Engle Trust Fund") has been created for the class by Susan and Stanley Rosenblatt, counsel for the class. Florida smokers, former smokers and survivors of smokers may be eligible for a share in the Engle Trust Fund.
You may be qualified to receive money from the Engle Trust Fund if you (or your decedent) have suffered, presently suffer, or have died from the diseases and medical conditions (listed below) caused by addiction to cigarettes that contained nicotine. The disease or medical condition must have been first diagnosed or first manifested itself on or before November 21, 1996.
The deadline to register for the Engle Trust Fund passed on June 16, 2008. The deadline to submit the Class Membership Paperwork Submission Form and supporting paperwork passed on August 1, 2008.
Diseases and Medical Conditions
- aortic aneurysm
- bladder cancer
- cerebrovascular disease (including stroke)
- cervical cancer
- chronic obstructive pulmonary disease - COPD (including emphysema)
- coronary heart disease (including cardiovascular disease, hardening of the arteries, atherosclerosis, coronary artery disease and arteriolosclerosis, angina, abnormal blood clotting, blood vessel damage, myocardial infarction (heart attack))
- esophageal (throat) cancer
- kidney cancer
- laryngeal (throat or voice box) cancer
- lung cancer (including adenocarcinoma, large cell carcinoma, small cell carcinoma, squamous cell carcinoma)
- complications of pregnancy (miscarriage)
- oral cavity/tongue cancer
- pancreatic cancer
- peripheral vascular disease (including Buerger’s disease)
- pharyngeal cancer
- stomach cancer
Registration Procedure
At the hearing on April 15, 2008, the Court set a schedule for the allocation and distribution of the Engle Trust Fund. Qualified Engle class members MUST register by mail or online no later than June 16, 2008, to be eligible to receive a share of the Engle Trust Fund. Registration does not assure qualification to share in the Engle Trust Fund.
The deadline to register for the Engle Trust Fund passed on June 16, 2008.
The Claims Administrator mailed letters acknowledging receipt of each Registration Form. The letters requested and identified all additional information and paperwork necessary to determine qualification for a share of the Engle Trust Fund.
The deadline to submit Class membership paperwork was August 1, 2008.
The Court's Order For Submission of Class Membership Paperwork dated May 2, 2008 is available for viewing.
The Claims Administrator will mail a postcard acknowledging receipt of each Class Membership Paperwork Submission Form.
All of the paperwork submitted by claimants will be reviewed by the Claims Administrator. If a claim is deficient, a notice and opportunity to cure will be mailed to the claimant.
The Claims Administration will mail a Notice of Distribution to all claimants in October 2008.
Distribution by the Claims Administrator shall be equally made on a per smoker basis.
Do not call or write the Court, the Trustee or the Clerk of the Court for further information.
Do I Need to Hire an Attorney?
You may hire counsel, at your own expense, to represent your interests in connection with the allocation and distribution of the Engle Trust Fund or the Court-appointed Trustee will determine how your interests will be represented. If you have an attorney who represents you (or your decedent) with regard to a tobacco claim, please consult your attorney.
Important Dates
| Date | Case-Related Event |
|---|---|
| June 16, 2008 [Passed] |
Registration Deadline |
| August 1, 2008 [Passed] |
Documentation Submission Deadline (you will receive notice of documentation required after you register) |