Smith-Kingcade v. Dalkon Shield Trust (In re A. H. Robins Co.)

MEMORANDUM

MERHIGE, District Judge.

This matter is before the Court on the Movant Sharon K. Smith-Kingeade’s (“Kingcade”) Motion To Enforce The Plan And Set Aside The ADR Decision.1 The Daikon Shield Claimants Trust (“Trust”) opposes Kingcade’s Motion. For the reasons which follow, the Court deny the Motion.

I

Kingcade is a Daikon Shield claimant who alleges that the Daikon Shield caused her to experience abnormal bleeding, abdominal pain, and eventually caused her to undergo a hysterectomy. Kingcade rejected her Option 3 offer from the Trust and chose to resolve her claim through binding…