FAQs
General
- When can I expect to receive the results of the Second Review I requested?
- Am I included in Category One?
- What is considered proof of Diet Drug use?
- How do I get a copy of the Seventh Amendment?
- How long will it be before my claim gets paid under the Seventh Amendment?
- Is there a method under the Seventh Amendment for me to avoid going through Medical Review, but still be paid something?
- What happens to the claims of Diet Drug users' family members under the Seventh Amendment?
- Does the Seventh Amendment change the requirements for surgery claims?
- I do not have a copy of the Echocardiogram tape or disk and/or documents to support Diet Drug use by the Diet Drug Recipient but both were previously submitted to the Trust. How can I get copies of both for the Fund Administrator?
- If I decide to go through Medical Review and the Fund Administrator's doctor does not think my claim qualifies, is there anything I can do to get another chance?
- This Overview says that if a Class Member gets a $2,000 payment, it is "less applicable attorney's fees." How much will be taken out of the $2,000 to pay my attorney?
- The Settlement Agreement provides specific detail about how much money I would receive if my claim was found payable by the Trust, but I cannot find any information about the exact amount of money I would get as a Category One Class Member under the Seventh Amendment. Why?
- Does the Seventh Amendment change the deadlines for me if my health condition worsens in the future and I qualify for Matrix Level III, IV or V benefits?
- Can I file my Category One Proof of Claim electronically?
- I received a Category One Proof of Claim form addressed to me but I have an attorney representing me in this matter.
- How do I complete Section I. Identity of Diet Drug Recipient on page 1 of the Category One Proof of Claim?
- How do I complete Section III. Primary Attorney Contact on page 2 of the Category One Proof of Claim?
- I am having problems opening, printing, or saving PDF files. What do I do?
- I misplaced the copy of my submitted electronic claim form. How do I obtain a copy of it?
- In what format can I submit my Echocardiogram?
- What is the deadline for filing a Proof of Claim Form, relevant echocardiogram(s) and documentation of Diet Drug use?
When can I expect to receive the results of the Second Review I requested?
While the Fund Administrator is still sending Relevant Echocardiograms to Participating Physicians for their Initial Medical Review, approximately 20% of the Relevant Echocardiograms sent represent Requests for Second Reviews. Once the Second Review is completed and the results determined, a final Determination Letter will be sent. Since this accelerated Second Review process was recently implemented, it will be a few weeks before final Determination Letters will be sent out.
Am I included in Category One?
A list of the DDR numbers for everyone believed to be in Category One has been compiled based upon the AHP Settlement Trust database, and any information that may have been provided by a Class Member requesting inclusion in Category One, where the Class member's DDR Number did not appear on the original Category One list. You should look at this list to see whether you are on it. Click here to go to the Amended and Final Category One Class List.
What is considered proof of Diet Drug use?
Acceptable forms of proof of Diet Drug use are:
- A. Under 61 days: For Diet Drug Recipients who claim benefits based on fewer than 61 days, a copy of the pharmacy prescription dispensing record (e.g. prescription printout, pharmacy records, prescription forms) from a pharmacy showing that the Diet Drug Recipient filled a prescription for Diet Drugs; or From the Diet Drug Recipient's physician(s) or weight loss clinic, supply a copy of the medical record(s) indicating that the Diet Drugs were prescribed and/or dispensed; or A declaration from the Diet Drug Recipient's dispensing pharmacy or prescribing physician. You may download a "Dispensing Pharmacy Declaration" or "Prescribing Physician Declaration" form from this website or you may request the forms by calling 1-800-481-7947.
- B. 61 days or More: For Diet Drug Recipients who claim benefits based on 61 days or more of Diet Drug use, copies of the pharmacy prescription dispensing records (e.g., prescription printouts, pharmacy records, prescription forms) from a pharmacy or pharmacies showing that the Diet Drug Recipient filled prescriptions for Diet Drugs for 61 days or more; or From the Diet Drug Recipient's physician(s) or weight loss clinic, supply a copy of the medical record(s) indicating that the Diet Drugs were prescribed and/or dispensed for 61 days or more. This must include records to identify the Diet Drug Recipient, the Diet Drug name, the date(s) prescribed, and duration for which the Diet Drug was prescribed and/or dispensed; or A declaration from the Diet Drug Recipient's dispensing pharmacy or prescribing physician. You may download a "Dispensing Pharmacy Declaration" or "Prescribing Physician Declaration" form from this website or you may request the forms by calling 1-800-481-7947.
How do I get a copy of the Seventh Amendment?
You may view and/or download a copy of the Seventh Amendment and the Settlement Agreement on this website.
You may also request a copy by writing to the AHP Seventh Amendment, Fund Administrator, P. O. Box 30, Philadelphia, Pennsylvania 19106-0030 or by calling the Fund Administrator at 1-800-481-7947.
You may also request a copy by writing to the AHP Seventh Amendment, Fund Administrator, P. O. Box 30, Philadelphia, Pennsylvania 19106-0030 or by calling the Fund Administrator at 1-800-481-7947.
How long will it be before my claim gets paid under the Seventh Amendment?
The timing of payments depends on how long it takes for the Seventh Amendment to receive Final Judicial Approval, and whether you are a Category One or Category Two Class Member. No payments can be made until the Seventh Amendment receives Final Judicial Approval. See status of Final Judicial Approval under "News & Updates".
Is there a method under the Seventh Amendment for me to avoid going through Medical Review, but still be paid something?
Yes. Category One participants may elect to forego any Medical Review by switching to Category Two. Category One participants who switch to Category Two will not receive the pro rata share of the Settlement Fund, but will receive $2,000 and they will still be eligible for the Cash/Med benefit if they have an echocardiogram showing FDA Positive regurgitation between the beginning of Diet Drug use and the end of the Screening Program. If they have such a timely echocardiogram that shows FDA Positive or mild mitral regurgitation, they also are still eligible to file a claim with the Trust seeking benefits on Matrix Level III, IV, or V, as modified by the Seventh Amendment, if the medical condition qualifying them on those Matrix levels is diagnosed and occurs by the earlier of December 31, 2011, or fifteen years from their last use of the Diet Drugs. Wyeth has agreed to deposit funds into the Trust for all of these qualifying Level III, IV or V claims, based on the modified criteria, are paid.
The only other way to be paid without going through Medical Review is if your claim had already gone through audit at the Trust and was found payable by the Trust's doctors, but the Trust had not yet issued you a letter telling you the outcome of that audit. If you are one of those people, you have received a special notice in the packet previously sent to you informing you of your status and how you claim will be processed in the Supplemental Fund.
The only other way to be paid without going through Medical Review is if your claim had already gone through audit at the Trust and was found payable by the Trust's doctors, but the Trust had not yet issued you a letter telling you the outcome of that audit. If you are one of those people, you have received a special notice in the packet previously sent to you informing you of your status and how you claim will be processed in the Supplemental Fund.
What happens to the claims of Diet Drug users' family members under the Seventh Amendment?
The Settlement Agreement provides benefits to eligible spouses, significant others and/or children of Diet Drug users, who are called Derivative Claimants. Under the Seventh Amendment, Derivative Claimants do not receive any portion of a $2,000 payment amount received by Category One Class Members who fail Medical Review, switch to Category Two, or fail to comply with the Fund Administrator's requirements. Nor do they receive a portion of the $2,000 payment to Category Two Class Members. Derivative Claimants of Category One Class Members who pass Medical Review will receive an aggregate 2% share of the Category One Class Member's benefit.
Does the Seventh Amendment change the requirements for surgery claims?
Yes. The existing Settlement Agreement provides Matrix Level III benefits for a Class Member who took the Diet Drugs and had heart-valve repair or replacement surgery on a valve that had been diagnosed between the commencement of Diet Drug use and the end of the Screening Period as having FDA Positive or mild mitral regurgitation. The Settlement Agreement also provides Matrix Level III benefits under certain circumstances for a Class Member who took the Diet Drugs and needed-but did not have - heart-valve surgery on a valve with severe regurgitation, if he or she submits supporting medical records. The Seventh Amendment provides Matrix Level III benefits for people who actually have surgery within specified deadlines, but it does not provide these benefits for people who did not have surgery. However, the Seventh Amendment does permit a person needing surgery, but whose doctor has advised against it, to make certain claims at Matrix Levels IV and V.
I do not have a copy of the Echocardiogram tape or disk and/or documents to support Diet Drug use by the Diet Drug Recipient but both were previously submitted to the Trust. How can I get copies of both for the Fund Administrator?
If the documentation to support Diet Drug use by the Diet Drug Recipient and a copy of the Echocardiogram tape or disk has in the past been supplied to the Trust, the Class Member may submit a request to the Trust asking that the Trust provide a copy of such Tape or Disk and/or record of Diet Drug use to the Fund Administrator. If you wish to do so now click here or you may submit your request to the Trust by telephone by calling 1-800-386-2070. They will accept a credit or debit card or a check over the phone, so please have this information ready before calling. The Trust may charge up to $50.00 in the case of a request for copies of documents and may charge up to $100.00 in the case of a request for copies of the Echocardiogram Tape or Disk and in the case of a request for both, a charge up to $150.00. Within thirty (30) days of receiving such a request the Trust is required to supply the requested items to the Fund Administrator and supply written confirmation to the Class Member or Class Member's attorney that it has done so. When you make your request of the Trust you will receive a confirmation number. This confirmation number must be entered in the appropriate place on your Proof of Claim before it is returned to the Fund Administrator.
If I decide to go through Medical Review and the Fund Administrator's doctor does not think my claim qualifies, is there anything I can do to get another chance?
Yes. If your Relevant Echocaradiogram fails Medical Review, you will be able to ask the Fund Administrator to submit your Relevant Echocardiogram to a different Participating Physician for a second review. Your request must be in writing within whatever deadline the Fund Administrator sets, and you must pay a nonrefundable fee of $1,000 to help cover the cost of the second review. If the second Participating Physician finds your claim payable, it will be processed by the Fund Administrator as a payable claim, with no regard to the first review. If you do not request a second review and/or if the second review also finds that your claim is not payable, the Fund Administrator's determination will be final and you will not be able to challenge or appeal that decision.
This Overview says that if a Class Member gets a $2,000 payment, it is "less applicable attorney's fees." How much will be taken out of the $2,000 to pay my attorney?
This is a matter to discuss with your attorney, but the Seventh Amendment sets a maximum of $650 that your attorney can take out of your $2,000.
The Settlement Agreement provides specific detail about how much money I would receive if my claim was found payable by the Trust, but I cannot find any information about the exact amount of money I would get as a Category One Class Member under the Seventh Amendment. Why?
Many factors affect the actual amount of money a Category One Class Member may receive under the Seventh Amendment. Assuming your claim passes Medical Review, there is still no way to calculate or predict an actual amount until the Fund Administrator knows how many Category One Class Members pass Medical Review, and their ages, medical conditions and duration of Diet Drug use. The Fund Administrator will pay claims according to a grid, but for now, that grid can only show you the relative differences between Class Members based on their age, Diet Drug use, whether they have "High" or "Low" Threshold conditions, and whether they have any alternative causation factors. It is important to remember that one of the main goals of the Seventh Amendment is to pay all eligible Class Members something.
Does the Seventh Amendment change the deadlines for me if my health condition worsens in the future and I qualify for Matrix Level III, IV or V benefits?
Yes. Under the existing Settlement Agreement, a Class Member who is 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 initially develops a Matrix Level condition at any time through December 31, 2015, may be paid Matrix compensation benefits or may elect to be a Back-End Opt-Out. If such a Class Member does not opt-out and then progresses to a Level III, IV or V claim beyond 2015, he or she may receive compensation for that progression claim.
Under the Seventh Amendment, Category One and Category Two Class Members must have been diagnosed with FDA Positive or mild mitral regurgitation between the commencement of Diet Drug use and the end of the Screening Period and progress to Level III, IV or V (as modified by the Seventh Amendment). The progression to Level III, IV or V must both be diagnosed and occur before December 31, 2011, or fifteen years from the last date of Diet Drug use, whichever is earlier.
Under the Seventh Amendment, Category One and Category Two Class Members must have been diagnosed with FDA Positive or mild mitral regurgitation between the commencement of Diet Drug use and the end of the Screening Period and progress to Level III, IV or V (as modified by the Seventh Amendment). The progression to Level III, IV or V must both be diagnosed and occur before December 31, 2011, or fifteen years from the last date of Diet Drug use, whichever is earlier.
Can I file my Category One Proof of Claim electronically?
Yes, you can file your Category One Proof of Claim electronically through this website. If you have already been issued a user name and password, click on the "Login" link above and follow the instructions, otherwise click here to request they be sent to you. Note, however, that you will still be required to submit the required documentation of Diet Drug use and a copy of the applicable echocardiogram tape or disk. The electronic claim must be filed by and the documentation and echocardiogram sent to the Fund Administrator postmarked by August 25, 2005.
I received a Category One Proof of Claim form addressed to me but I have an attorney representing me in this matter.
If you are represented by an attorney in this matter you should contact your attorney immediately before submitting your Proof of Claim to the Fund Administrator.
How do I complete Section I. Identity of Diet Drug Recipient on page 1 of the Category One Proof of Claim?
If you are the individual who used the Diet Drugs (Pondimin® and/or Redux™), you must state your current name, address, telephone number(s), e-mail address (if you have one) and Social Security Number.
If you are making this claim as the guardian, executor, administrator or other legal representative of a living person or the estate of a deceased person who used the Diet Drugs, you must state the name of the Diet Drug Recipient and/or his or her estate, the current mailing address, telephone number(s) where someone can be reached, e-mail address (if there is one) and the Diet Drug Recipient's Social Security number or the Estate's Employer Identification Number.
You must give current and correct information regarding names, addresses, telephone numbers, etc. This information will be used if someone needs to be contacted to resolve an issue with your Category One Claim Form by telephone or in writing. It is also the location a check will be mailed if it is determined that you are eligible to share in the benefits of the 7th Amendment.
If you are making this claim as the guardian, executor, administrator or other legal representative of a living person or the estate of a deceased person who used the Diet Drugs, you must state the name of the Diet Drug Recipient and/or his or her estate, the current mailing address, telephone number(s) where someone can be reached, e-mail address (if there is one) and the Diet Drug Recipient's Social Security number or the Estate's Employer Identification Number.
You must give current and correct information regarding names, addresses, telephone numbers, etc. This information will be used if someone needs to be contacted to resolve an issue with your Category One Claim Form by telephone or in writing. It is also the location a check will be mailed if it is determined that you are eligible to share in the benefits of the 7th Amendment.
How do I complete Section III. Primary Attorney Contact on page 2 of the Category One Proof of Claim?
If you are represented by an attorney or attorneys, you must supply the current name, firm name, address, telephone number(s) and e-mail address of your primary attorney. Your primary attorney is the attorney to which all documents and questions should and will be addressed. If you have more than one attorney and are not sure which is the primary attorney, you must contact them to clarify this matter.
I am having problems opening, printing, or saving PDF files. What do I do?
You must have Adobe Acrobat Reader 6.0 or higher installed. We strongly recommend that you download and install Adobe Reader 7.0 for free from www.adobe.com. 
I misplaced the copy of my submitted electronic claim form. How do I obtain a copy of it?
Once you have submitted a claim for electronically, you have the option to print or save a copy of it by:
- Logging in to the website.
- Then clicking "Review Submitted Claim Form".
In what format can I submit my Echocardiogram?
The format of the Echocardiogram being submitted must meet the following guidelines:
Special consideration:
Digital studies with embedded clips and still frames from a study done at another time can be utilized, but the embedded clips and frames must be removed before submission, and the study must be exported back to a DICOM CD format. If the study is on videotape, however, and there is no digital original, the study can still be converted. The study MUST be converted to DV-stream format, and then edited to remove the embedded clips using a program like iMovie or QuickTime Pro. The study must be exported as multiple DV-stream QuickTime files, and burned onto a CD or DVD-R.
- S-VHS or VHS videotape with a single study per tape. The videotape must be as close to the original source as possible. Multi-generational copies are discouraged and may result in a technical deficiency.
- DICOM format studies on CD-R with a single study per disk.
Special consideration:
Digital studies with embedded clips and still frames from a study done at another time can be utilized, but the embedded clips and frames must be removed before submission, and the study must be exported back to a DICOM CD format. If the study is on videotape, however, and there is no digital original, the study can still be converted. The study MUST be converted to DV-stream format, and then edited to remove the embedded clips using a program like iMovie or QuickTime Pro. The study must be exported as multiple DV-stream QuickTime files, and burned onto a CD or DVD-R.
What is the deadline for filing a Proof of Claim Form, relevant echocardiogram(s) and documentation of Diet Drug use?
The deadline for filing the 7th Amendment Proof of Claim form has been extended to August 25, 2005 for all Class Members whose DDR Claim number appeared on the Initial or Supplemental Category One Lists published on the AHP Settlement Trust Website and the this website as of March 9, 2005. This extension of time does not apply to those DDR Claim numbers that appeared on the Provisional Category One List or to other Claimants who have sought inclusion as Category One Claimants, as the parties are still evaluating those Claims as to whether they qualify as 7th Amendment Category One Claims. Those Class Members who are later added as Category One Claimants shall be notified of that action as soon as possible, and will be subject to a different filing date deadline. For more information, click here.
Contact us for more information about this page.
Page was last updated on 3/31/2008 at 1:40:21 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.