Contingency Fees

Contingency Fees (Wave 2 Settlements)

The process for applying for Contingency Fees for Wave 2 Settlements from the Pennsylvania Opioid Fee Fund is now open to those firms who have timely submitted an Intent to Participate Form indicating that they intend to apply for an award of contingency fees.

CONTINGENCY FEE APPLICATION (WAVE 2)

Applicants who have indicated that they intend to apply for an award of contingency fees concerning professional services incurred in connection with the representation of Pennsylvania clients who filed cases in the Unified Judicial System of Pennsylvania and timely executed Participation Agreements to participate in the Wave 2 Settlements may apply for Contingency Fees.  

Applicants for contingency fees who previously submitted applications to the National Contingency Fee Fund via the Rubris Crosslink System for the Wave 2 Settlements are not required to submit new applications. The Special Master and Contingency Fees Advisor will rely on the previously submitted National Contingency Fee Fund applications, which include contingency fee contracts and filed/stamped complaints, to carry out the mathematical model calculations used to determine the contingent fee portion of the Fee Fund awards.

Contingency fee applicants may, but are not required to, submit any additional materials they request to be considered to the Rubris Crosslink System by October 17, 2025

Contingency fee applicants who have not previously submitted applications to the National Contingency Fee Fund via the Rubris Crosslink System for the Wave 2 Settlements must submit a Wave 2 Application for Contingency Fees (the “Wave 2 Contingency Fee Application”) by October 17, 2025However, only the Contact Counsel for each Wave 2 Settlements Participating Subdivision is required to submit the Wave 2 Contingency Fee Application.  (Therefore, if the Contact Counsel for each Wave 2 Settlements Participating Subdivision has applied via the Rubris Crosslink System, additional law firms representing that subdivision need not do so.)

CONTINGENCY FEES RESOURCES

1. (August 2, 2022) Order Granting Plaintiffs’ Motion to Establish a Pennsylvania Opioid Fee Fund and Appoint a Special Master to Determine and Disburse Attorneys’ Fees and Establish a Procedure for Reimbursing Counsel for Documented Expenses and Costs

2. (February 17, 2023) Order Establishing Application Protocols for Allocation and Payment of Contingency and Agreed Litigation Conduct (A/K/A Common Benefit) Fees Under the Pennsylvania Opioids Trust and Allocation Order

3. (February 24, 2023) Fee Panel Order No. 21 Regarding Contingent Fees in Pennsylvania Cases

4. List of National Janssen Contingency Fee Fund Applications Received on Behalf of Pennsylvania Litigating Subdivisions

5. List of National Distributor Contingency Fee Fund Applications Received on Behalf of Pennsylvania Litigating Subdivisions

6. List of Contact Counsel – Pennsylvania Litigating Subdivisions

7. (December 6, 2023) Application of Special Master Judge Joel Schneider (Ret.) for Court Approval of the Final Contingency Fee Awards

8. (December 14, 2023) Order Approving Final Contingency Fee Awards

9. (November 13, 2024) Order Granting Plaintiffs’ Motion to Add Funds to the Pennsylvania Opioid Fee Fund

10. (September 16, 2025) Order Establishing Application Protocols for the Reimbursement of Costs and Expenses and the Allocation and Payment of Agreed Litigation Conduct (“Common Benefit”) and Contingency Fees Under the First Amended and Restated Pennsylvania Opioids Trust and Allocation Order for Wave 2 Settlements