Series VI: Dalkon Shield Claimants Trust Central Records Library
Scope and Contents
The Dalkon Shield Claimants Trust opened in early 1988 with the appointment of five trustees, Barbara Blum, Kenneth Feinberg, Gene Locks, Stephen Saltzburg, and Ann Samani. The critical issue of how the Trust would be managed proved as controversial as most other aspects of the bankruptcy settlement. Consequently, within months disputes caused the resignations of Blum, Samani, and Locks. One of the new appointees, Georgene Vairo, eventually became chair of the Trust and remained in that post until it closed.
Meanwhile the trustees hired Michael Sheppard, clerk of the bankruptcy court in Richmond, as executive director of the Trust. Others administrators hired shortly thereafter included Teri Lovelace and Ann Peters. At its peak the Trust employed a staff of almost four hundred. The staff included attorneys to handle the anticipated legal issues. General Counsel, Linda Thomason, was assisted by a team consisting of Lynn Greer, Susan Manardo, and Patricia Powis whose job was to oversee and coordinate representation of the Trust in cases that went to arbitration or litigation. Richmond lawyers Michael W. Smith and Orran L. Brown were hired as outside counsel. The legal department grew along with the caseload. Assisting the Trust staff were attorneys chosen in regions throughout the U.S., and in other countries, as required to handle local litigation. In addition, local defense attorneys were hired on a case-by-case basis when a claim went to arbitration or litigation.
The papers of the Trust include the Central Records Library (CRL), the official staff files which document the innumerable mailings to claimants, claims processing, and other Trust administrative matters, as well as the Trustees' minutes. Although the collection does not contain the files of administrative heads of the Trust, some of their correspondence and inter-office communications can be found in the CRL. The collection does include the files of the Trust's outside counsel, Orran L. Brown.
Dates
- Creation: 1938 - 2000
- Creation: Majority of material found within 1970 - 1998
Access
The Dalkon Shield Claimants Trust Collection was transferred to the University of Virginia Law Library by order of the U. S. Bankruptcy Court for the Eastern District of Virginia in September 2000. Under that order, Series I through V are open for research with no restrictions. The Court imposed the following access restrictions for the materials in Series VI (the Trust's Central Records Library and Outside Counsel Files):
"5.01 Preservation of Claimants' Privacy. No Identifying Information, or any document or record within the Trust Materials containing Identifying information, relating to any Personal Injury Claimant --- or Other Claimant --- may be disclosed at any time, without written consent of the relevant Personal Injury Claimant or Other Claimant, or an Order by the Court allowing such disclosure."
The Court defined "Identifying Information" as the following:
"Identifying Information" means a person or entity's name, address, telephone number, facsimile number, email address, and any unique identifier including but not limited to a social security number, tax identification number, passport number, and military identification number."
Requests for material in Series VI should be made in advance to allow Special Collections staff time to determine whether it contains identifying information, and to allow for the redaction of such information before permitting access. Copying documents in Series VI may be restricted, and advance consideration of such requests is required.
Extent
From the Collection: 327.5 Linear Feet (408 boxes and cartons, 3 volumes, 271 videotapes, 416 three ring notebooks)
Language of Materials
From the Collection: English
Repository Details
Part of the Arthur J. Morris Law Library Special Collections Repository
Arthur J. Morris Law Library
580 Massie Road
University of Virginia
Charlottesville Virginia 22903 United States
archives@law.virginia.edu