The defendants will obviously settle for somewhat or a lot less if the re exam is sometime in the future and could go either way. If DM believes that we will win the re exam, it behooves them to keep a small number of settlements coming in, just elnough to pay the bills and keep the lights on. Then, when(if) we win the re exam, they will be able to extract more money from those that they did not settle with and have the hammer for the big boys. If we lose the re exam, none of this matters.