Series VI: Dalkon Shield Claimants Trust Central Records Library

Scope and content:

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.

Access and use

Location of collection:
University of Virginia, Special Collections Dept.
Albert and Shirley Small Special Collections Library
University of Virginia
P.O. Box 400110
170 McCormick Rd
Charlottesville, Virginia 22904-4110
Contact for questions and access:
POC: Special Collections Public Services & Reference Staff
Phone: (434) 243-1776
Fax: (434) 924-4968
Parent restrictions:

The Dalkon Shield Claimants Trust Collection was transferred to the University of Virginia Law Library by order of the US 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.

Parent terms of access:

Multiple individuals and corporate bodies created the materials in the Dalkon Shield Claimants Trust collection and copyright status varies across the collection.

Any rights (including copyright and related rights to publicity and privacy) held by the Dalkon Shield Claimants Trust (DSCT) were transferred to the University of Virginia in 2000 by the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division. Permission to publish or reproduce materials created by the DSCT must be secured from the University of Virginia.

Other materials may be protected by copyright and/or related rights. The University of Virginia is not authorized to grant permission to publish or reproduce these items.

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