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.