Benefits   (Click here for the 7th Amendment Benefit Reference Guide)

Benefits Available to Category One Class Members Who Pass Medical Review.

1. Participation in Pro Rata Distribution of the $1.275 Billion Supplemental Class Settlement Fund. Category One Class Members who pass Medical Review will share in the Supplemental Class Settlement Fund on a pro rata basis. The pro rata basis is determined by applying to the Net Supplemental Class Settlement Fund Amount, a fraction, the numerator of which is the Relative Payment Value determined for the Class Member and the denominator of which is the total of all Relative Payment Values for all Category One Class Members whom the Fund Administrator has determined are entitled to receive Benefits Subject to Medical Review. Payments will be subject to the 2% payment to Derivative Claimants, and applicable attorneys' fees.
2. No Cash/Medical Services Benefit from the Trust. The existing Settlement Agreement provides Class Members diagnosed as FDA Positive between the beginning of Diet Drug use and the end of the Screening Period the opportunity to receive $3,000 to $6,000 in cash or $5,000 to $10,000 worth of heart valve-related medical services. This benefit is called the "Cash/Med Benefit." The Seventh Amendment eliminates the Cash/Med Benefit to Category One Class Members who pass Medical Review and receive benefits from the Supplemental Fund.

Benefits Available to Category One Class Members Who Fail Medical Review.

1. Payment of $2,000. Category One Class Members who fail Medical Review will still receive $2,000 from the Supplemental Fund, less applicable attorney's fees if the Class Member is represented by an attorney.
2. Eligible for Cash/Med Benefit. Category One Class Members who fail Medical Review but have an echocardiogram that is determined in the Medical Review process to show FDA Positive regurgitation between the beginning of Diet Drug use and the end of the Screening Period qualify for the Cash/Med Benefit, if they have not previously been paid or provided this benefit. The Trust will not audit these claims or require the Class Member to submit to any additional medical review.

Benefits Available to Category One Class Members who Elect to Move to Category Two.

The Seventh Amendment provides an election to Category One Class Members to move to Category Two by filing a "Category Two Election Form" by March 9, 2005.

1. Eligible for $2,000 Payment. Category One Class Members who elect to move to Category Two will receive $2,000, less applicable attorney's fees if the Class Member is represented by an attorney, within 60 days after Final Judicial Approval. To receive this benefit, Class Member must be identified on the Initial Category One Class List or otherwise qualified for inclusion on that list and must have submitted a Category Two Election Form.
2. Eligible for Cash/Med Benefit. Category One Class Members who elect to move to Category Two and who qualify for the Cash/Med benefit will receive that benefit, if it has not previously been paid or provided to them. The Trust will not audit these claims for Cash/Med benefits or require the Class Member to submit to any additional medical review.

Benefits Available to Category Two Claimants Under the Seventh Amendment.

1. Not Eligible for Medical Review. Category Two class members cannot participate in the Supplemental Class Settlement Fund. Instead, their claims will be administered by the Trust. Because Category Two Class Members do not participate in the Supplemental Class Settlement Fund, they are not eligible to participate in the Medical Review process and the pro rata distribution of the available money in the Net Supplemental Class Settlement Fund.
2. Payment of $2,000. To receive a payment of $2,000, Category Two Class Members must have proof that they used the Diet Drugs, and they must have an echocardiogram between the commencement of Diet Drug use and the end of the Screening Period showing that they have FDA Positive or mild mitral regurgitation, and they must submit a Green or Gray Form documenting their FDA Positive or mild mitral diagnosis. Eligible Category Two Class Members will appear on a list within 30 days of Final Judicial Approval which will be posted on the Trust's website. No later than 60 days after Final Judicial Approval, the Trust will pay $2,000, less applicable attorney's fees if the Class Member is represented by an attorney, to eligible Category Two Class Members.
   
   No later than 60 days after Final Judicial Approval, the Trust will notify each potential Category Two Class Member without complete submissions on file (and thus not appearing on the list) that they will not receive $2,000 unless they submit the necessary documentation to the Trust. Within 60 days after the Category Two Class Member submits the necessary materials, the Trust will pay the eligible Category Two Class Member $2,000, less applicable attorney's fees if the Class Member is represented by an attorney. All necessary documentation must be submitted to the Trust no later than seven months after Final Judicial Approval, or the Category Two Class Member will not be able to receive the $2,000.
3. Eligible for Cash/Med Benefit. Category Two Class Members will be eligible for the Cash/Med Benefit, if they have not previously been paid or provided this benefit and they have been diagnosed with FDA Positive or mild mitral regurgitation between the beginning of Diet Drug use and the end of the Screening Period. The Class Member will be required to have all proof required by the Settlement Agreement, including proof of Diet Drug use, and Wyeth may select up to 10% of these Class Members for the Trust to audit to ensure that they meet all of the requirements for this benefit.

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Page was last updated on 1/12/2006 at 3:25:17 PM (EST).

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.