News & UpdatesSeptember 21, 2012The lists below represent benefit checks that were issued by the 7th Amendment Fund Administrator and are un-cashed. NOTE: Checks are stale-dated and void after 180 days. If your claim number is listed and your check is stale-dated, please call the 7th Amendment Fund Administrator as soon as possible at 1-800-481-7947 so that the initial check can be voided and a new check issued.
Click here for the list. September 23, 2009Pursuant to Pretrial Order No. 8260, "Final" Distribution checks have been calculated and printed for Category One Class Members who were "adjudicated" as of August 29, 2009. The checks are scheduled to be shipped as described here. August 26, 2009On 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. The Fund Administrator is now coordinating the necessary procedures to implement the terms of the Order. Please check the website periodically for any further information. April 16, 2009Second Supplemental Final Distribution to Adjudicated Claims and the Distribution of the net Reserve to all Grid Claimants
On April 16, 2009, the Joint Motion by the Fund Administrator, Class Counsel and SALC for Judicial Authorization to Make a Second Supplemental "Final" Distribution of the Supplemental Class Settlement Fund and to Distribute the Balance of the net Reserve was filed with the Court. This Motion pertains to the Final Adjudication of all remaining Category One Class Members who were not subject to Final Adjudication in any of the prior four Distribution Motions that were filed with the Court as noted below, and the distribution of the net Reserve to all Claimants who have been Adjudicated as a Grid Claimant in any of the Distribution Motions including this Motion. For those Category One Class Members who had not previously been finally Adjudicated in a prior Motion, the final Adjudication of the Claim will appear in this Motion. For any Category One Class Member who was Adjudicated as a Grid Claimant in any of the prior Motions, including this Motion, the Motion contains a schedule to show that Class Member's share of the net Reserve that is available to be distributed to the Grid Claimants. The final distribution of the remaining net Reserve was based pro rata at $296.50 per Relative Payment Value point. For example, a Claim that was Adjudicated as a Grid Claim in any of the Motions with a RPV of 24.66, is entitled to a gross share of the net reserve to be distributed in the amount of $7,311.69, calculated by multiplying $296.50 by 24.66 Relative Points. From that gross amount will be a deduction of any required payments to the Trust and the 6.4% deduction for the Common Benefit Fund, leaving any remaining amount of the net Reserve payable to the Class Member. This Motion will be served by first class mail on all Counsel representing Category One Class Members and all non-represented Category One Class Members whose claims are subject to it. If a Category One Class Member's Claim was Adjudicated by one of the previous Interim or Final Distribution Motions as an FDA Positive Claim and/or Minimum Payment Amount Claim and thus not a Grid Claimant, such Claim is not subject to this Motion as there is no entitlement to any portion of the net Reserve and a copy of this Motion will not be served as to such Class Members. A copy of the cover letter that will accompany the Motion can be reviewed by clicking here. No distribution can be made with respect to this Motion until the Court enters a Pre-Trial Order authorizing any distribution. Once the Court issues a Pre-Trial Order authorizing any distribution, the checks will be shipped in accordance with the Court's direction, and we shall update this website with such information. To access the claims which are subject to Final Adjudication in this Motion, use the following: December 12, 2008Pursuant to Pretrial Order No. 8014, "Final" Distribution checks have been calculated and printed for Category One Class Members who were "adjudicated" as of July 26, 2008. The checks are scheduled to be shipped as described here. November 13, 2008On November 13, 2008 the Honorable Harvey Bartle III signed PTO 8014 "Supplemental Authorization for "Final" Distribution of the Supplemental Class Settlement Fund." Click here to see a PDF copy of PTO 8014. The Fund Administrator is now coordinating the necessary procedures to implement the terms of the Order. Please check the website periodically for any further information. August 7, 2008Supplemental Final Distribution to Adjudicated Claims as of July 26, 2008
On August 7, 2008, the Joint Motion by the Fund Administrator, Class Counsel and SALC for Judicial Authorization to Make a Supplemental "Final" Distribution of the Supplemental Class Settlement Fund was filed with the Court. This Motion pertains to Category One Class Members that were subject to Final Adjudication by the Fund Administrator through July 26, 2008. Category One Class Members whose claim had not been finally determined by July 26, 2008 will be processed by the Fund Administrator until it reaches its Final Adjudication. The Motion filed will be served by first class mail on all counsel representing Category One Class Members and all non-represented Category One Class Members whose claims are subject to it. If a Category One Class Member's Claim was adjudicated by the "Interim Distribution", "Second Interim Distribution" or "Final" Distribution as defined below, as an FDA Positive Claim or a Minimum Payment Amount Claim, such Claims are not subject to the Final Motion and a copy of the Final Motion will not be served as to such Class Members. A copy of the cover letter that will accompany the Motion can be reviewed by clicking here. No distribution can be made with respect to this Motion until the Court enters a Pre-Trial Order authorizing any distribution. Once the Court issues a Pre-Trial Order authorizing any distribution, the checks shall be shipped in accordance with the Court's direction, and we shall update this website with such information. To access the claims which are subject to Final Adjudication as of July 26, 2008, use the following: May 19, 2008Final Distribution Check Clarification
Since the May 8, 2008 mailing of the "Final" Distribution Checks, we have been receiving numerous telephone calls concerning the Grid Payment check stub copy mailed to represented Class Members. The check amount on the bottom of the stub of the "non negotiable remittance information only" copy was a total of all of the numbers on the stub and did not agree with the amount on the check. The check amount printed on the bottom of the stub should have been the "Net Distribution" amount listed on the top portion of the stub. The actual check was issued for the correct amount and the check copy lists the correct amount. Click here for a copy of our explanation letter. We apologize for any inconvenience this may have caused. May 8, 2008Pursuant to Pretrial Order No. 7764, "Final" Distribution checks have been calculated and printed for Category One Class Members who were "adjudicated" as of December 31, 2007. The checks are scheduled to be shipped as described here. April 8, 2008On April 8, 2008 the Honorable Harvey Bartle III signed PTO 7764 "Authorization for "Final" Distribution of the Supplemental Class Settlement Fund." Click here to see a PDF copy of PTO 7764. The Fund Administrator is now coordinating the necessary procedures to implement the terms of the Order. Please check the website periodically for any further information. January 25, 2008Final Distribution to Adjudicated Claims as of October 31, 2007
On January 25, 2008, the Joint Motion by the Fund Administrator, Class Counsel and SALC for Judicial Authorization to Make a "Final" Distribution of the Supplemental Class Settlement Fund was filed with the Court. This Motion pertains to Category One Class Members that were subject to Final Adjudication by the Fund Administrator through December 31, 2007. Category One Class Members whose claim had not been finally determined by December 31, 2007 will be processed by the Fund Administrator until it reaches its Final Adjudication. The Motion filed will be served by first class mail on all counsel representing Category One Class Members and all non-represented Category One Class Members whose claims are subject to it. If a Category One Class Member's Claim was adjudicated by the "Interim Distribution" or "Second Interim Distribution" as defined below, as an FDA Positive Claim or a Minimum Payment Amount Claim, such Claims are not subject to the Final Motion and a copy of the Final Motion will not be served as to such Class Members. The Motion will contain exhibits that will be provided by a CD-ROM that will be searchable by Class Member DDR #. A copy of the cover letter that will accompany the Motion can be reviewed by clicking here. No distribution can be made with respect to this Motion until the Court enters a Pre-Trial Order authorizing any distribution. Once the Court issues a Pre-Trial Order authorizing any distribution, the checks shall be shipped in accordance with the Court's direction, and we shall update this website with such information. To access the claims which are subject to Final Adjudication as of December 31, 2007, use the following: November 10, 2007Final Distribution to Adjudicated Claims as of October 31, 2007
On November 7, 2007 Class Counsel mailed a letter to all the Law Firms representing DDRs advising them of a new posting of claims subject to Adjudication from March 2, 2007 through October 31, 2007. The letter also lists specific instructions that must be followed to object to any claim listed as Adjudicated as of October 31, 2007. The deadline to file any objections is December 6, 2007. For a copy of that letter, click here. To access the claims which are subject to Final Adjudication as of October 31, 2007, use the following: May 16, 2007Second Interim Distribution
Pursuant to Pretrial Order No. 7129, Second Interim Distribution checks have been calculated and printed for Category One Class Members who were "adjudicated" as of February 28, 2007. The checks are scheduled to be shipped as described here. February 22, 2007Interim Distribution
Pursuant to Pretrial Order No. 6875, Interim Distribution checks have been calculated and printed for Category One Class Members who were "adjudicated" as of September 30, 2006. The checks are scheduled to be shipped as described here. January 23, 2007On January 23, 2007 the Honorable Harvey Bartle III signed PTO 6875 "Authorization for Interim Distribution From The Supplemental Class Settlement Fund and for Distribution of Minimum Payment Amounts." Click here to see a PDF copy of PTO 6875. According to PTO 6875, the Fund Administrator has 30 days to prepare and mail the Interim Distribution checks. The Fund Administrator is currently coordinating the necessary procedures to make the distribution as expeditiously as possible. Please check the web site periodically for updates to the progress of the Interim Distribution procedures and when the distribution checks will be mailed. December 21, 2006October 27, 2006Interim Distribution Information & Claim Status
To access the claims which are subject to Final Adjudication as of September 30, 2006, use the following: May 16, 2006Final Judicial Approval
On May 16, 2006, the 7th Amendment achieved "Final Judicial Approval". Although Final Judicial Approval has occurred, at this time we remain unable to state the dollar amount that you will receive based on the relative payment value of your Claim. The determination of your pro rata share of the Supplemental Class Settlement Fund can not be made until all Initial Reviews and Second Reviews of Category One Claims have been completed and finalized. At this time, we cannot predict when all such reviews will be completed, the dollar amount you will ultimately receive, nor the date or timeframe when that distribution will occur. March 24, 2006Final Judicial Approval Update:
The 7th Amendment has not achieved "Final Judicial Approval" because a timely Petition for Certiorari has been filed with the United States Supreme Court for review of the District Court's Order approving the 7th Amendment and the dismissal of an appeal of that Order by the United States Court of Appeals for the Third Circuit. Final Judicial Approval cannot be achieved until there is a final resolution of the Petition for Certiorari that results in the exhaustion of all appeals without substantial modification of the Order of the District Court approving the 7th Amendment. No timeframe can be predicted as to when that may occur. Regardless of the determinations communicated by this notice, no 7th Amendment benefits may be paid unless and until Final Judicial Approval occurs. Second Review Reminders:
Claimants still have only 60 days from the date of the Determination Letter for the Initial Review to request a Second Review. (If the Determination Letter for the results of the Initial Review is dated prior to March 3, 2006, see the News & Update for March 2, 2006 listed below.) In order to request a Second Review, the pre-printed "Request For Second Review form that was included with your initial Determination Letter Package must be signed, dated and then mailed, with a $1,000 check made payable to the "7th Amendment Fund Administrator", within 60 days of the date of the Initial Determination Letter to the following address:
Seventh Amendment Fund Administrator
P.O. Box 30 Philadelphia, PA 19105-0030 March 2, 2006Extension of time granted to file pre-Seminar Requests for Second Review
January 27, 2006
December 13, 2005The Third Circuit Court of Appeals had summarily dismissed the one appeal that was pending regarding the trial court's approval of the 7th Amendment. However, the appellant in that appeal has filed a motion for rehearing, which has not yet been ruled upon by the Court of Appeals. Until that motion is resolved, the appeal remains within the jurisdiction of the Court of Appeals. Remand of that appeal to the trial court therefore has not occurred. November 2, 2005The one appeal that was pending was summarily dismissed and the claim of that appellant has been remanded to the District Court with instructions for further processing of the claim. This website will be updated when Final Judicial Approval occurs. June 23, 2005The July 11, 2005 deadline for filing the 7th Amendment Proof of Claim form has been extended to August 25, 2005. For more information, please click here. April 11, 2005An appeal to the Seventh Amendment was filed with the U.S. District Court for the Eastern District of Pennsylvania. Final Judicial Approval of the Seventh Amendment cannot occur until the appeal is concluded. March 15, 2005The U.S. District Court for the Eastern District of Pennsylvania granted approval of the Seventh Amendment to the Nationwide Class Action Settlement Agreement (as amended). February 8, 2005The U.S. District Court entered Pretrial Order No. 4467 ordering a stay of certain Trust activity pending consideration of the Seventh Amendment and the Parties' proposals for further changes in Trust operations. August 26, 2004The U.S. District Court for the Eastern District of Pennsylvania granted preliminary approval of a proposed Seventh Amendment to the Nationwide Class Action Settlement Agreement (as amended). A Class Notice will be mailed to all potentially affected class members. The Court has also extended the stay in processing Matrix Level I and II claims under the Settlement while the proposed Seventh Amendment is under consideration.
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. Contact UsAs Fund Administrator, we welcome your requests, comments, questions, and/or concerns. Simply fill out our contact form.FAQs
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