Future Matrix Levels III, IV, and VAny Category One or Category Two Class Member who was diagnosed as having FDA Positive or mild mitral regurgitation between the commencement of Diet Drug use and the end of the Screening Period and who develops medical conditions in the future that qualify on Matrix Level III, IV, or V, as modified by the Seventh Amendment, is entitled to receive payment from the Trust if those conditions are diagnosed and occur by the earlier of December 31, 2011, or 15 years from the Class Member's last use of Diet Drugs, and if it is determined that the claim is payable, or as otherwise processed under the terms of the Settlement Agreement and Court Orders.
More information regarding Future Matrix Level III, IV, and V payments and determinations can be found here.
Overview of the Seventh Amendment
IntroductionThe Nationwide Class Action Settlement Agreement (the "Settlement Agreement") was reached to resolve certain pending and potential legal claims against American Home Products, now known as Wyeth, arising from two Diet Drugs it marketed, Pondimin® and Redux™. The Settlement Agreement achieved the Court's Final Judicial Approval on January 3, 2002. Eight amendments to the Settlement Agreement have been approved by the Court. The Seventh Amendment was submitted to the Court for approval, and on March 15, 2005 the Joint Motion for Approval of the Seventh Amendment was granted.
Shortly after the Court gave preliminary approval to the Seventh Amendment on August 26, 2004, in Pretrial Order ("PTO") No. 3880, the Official Court Notice was sent out to all entities that filed claims with the AHP Settlement Trust ("Trust") informing them of the proposed Seventh Amendment to the Settlement Agreement between Wyeth and the Certified Class. The notice consisted of two parts: "Part I of the Official Court Notice: Overview of the Seventh Amendment to the Nationwide Class Action Settlement Agreement" and "Part II of the Official Court Notice of the Seventh Amendment to the Nationwide Class Action Settlement Agreement."
The Seventh AmendmentWyeth has agreed to pay an additional $1.275 billion to create a new Supplemental Class Settlement Fund ("Supplemental Fund") with a new process for reviewing and paying claims. Claimants with unresolved Green Forms on file with the Trust that contain sufficient information to support a Claim on Matrix Level I and II, and who meet certain other criteria, will have their claim processed and determined by the Court appointed Fund Administrator. Neither Wyeth nor the Trust will be involved in the processing of claims and the payments made to Diet Drug Recipients ("DDR"). The claim processing will be performed by the Fund Administrator, who will work with Class Counsel and a committee of lawyers (the "Seventh Amendment Liaison Committee" or "SALC"), whose firms represent many Class Members with claims included in the Seventh Amendment. In addition, a medical committee of three cardiologists (the "Medical Review Coordinating Committee" or "MRCC") will help the Fund Administrator develop the rules, forms and procedures for the Medical Review.
In addition to providing the Supplemental Fund, Wyeth will guarantee payment to Class Members participating in the Seventh Amendment who: 1) were diagnosed with FDA Positive or mild mitral regurgitation between the commencement of diet drug use and January 3, 2003 (or by a later date for those Class Members who were unable to receive an echocardiogram from the Trust's Screening Program by January 3, 2003, and who obtained a Court-approved extension) ("the Screening Period"); and, 2) who have a medical condition that qualifies them for payment on Matrix Levels III, IV or V, as modified by the Seventh Amendment, if those conditions occur and are diagnosed by the earlier of December 31, 2011, or 15 years from the date of their last diet drug use.
PLEASE NOTE: If there is any conflict between the website, any related documents and the Settlement Agreement, the terms of the Settlement Agreement will govern.
Important News Regarding Final Distribution & Claim StatusOn August 26, 2009 the Honorable Harvey Bartle III signed PTO 8260 "Second Supplemental Authorization for "Final" Distribution of the Supplemental Class Settlement Fund." Click here to see a PDF copy of PTO 8260.
Important Options for DDRs and Their Attorneys