What is the Class Action Settlement?
The Class Action Settlement is a nationwide class for settlement purposes only and consists of all people who ingested Pondimin (Fenfluramine-the first "Fen" in "Fen-Phen") and/or Redux (Dexfenfluramine). These people have been designated as the "Diet Drug Recipients."
How much money is involved in the Settlement?
AHP intends to eventually pay $3.75 Billion to set up two primary Funds:
Fund A consisting of $1 Billion Dollars, would be set up to provide medical
monitoring to people who used Pondimin and/or Redux and are
asymptomatic (have no documented injuries or symptoms) at this time, and some people who already have some symptoms. In addition to medical monitoring relief such other benefits as a medical research and education fund, and a medical legal registry. It also provides persons with symptoms such as chest pain and shortness of breath but who have not had an echocardiogram remain eligible for Fund A medical monitoring even though such conditions can be characterized as a documented injury or a symptom. In addition, a person who has had an echocardiogram documenting mild mitral regurgitation also is eligible for Fund A monitoring as such person would not be FDA positive.
Fund A would allow this group of people choosing to participate in the
settlement to be reimbursed( or paid for) for the cost of a visit to a
cardiologist and an echocardiogram screening (medical monitoring), based upon such things as length of usage of the diet drugs and whether or not you had been diagnosed as FDA positive prior to September 31, 1999, along with certain other criteria that they do not relate to a showing of necessity, except those who qualify on a showing of hardship. Should these people choose to participate in this plan, they
would agree to settle their claims against AHP in accordance with the
terms of the Settlement Agreement. AHP would also refund the price of
the costs of the diet drugs used. Fund B would be set up to compensate
"Diet Drug Recipients" for their heart valve injuries according to a
complicated qualification matrix. Click here to learn about benefits.
Which drug companies are involved?
The class action settlement was proposed by American Home Products (AHP). A.H. Robins Company and Wyeth-Ayerst Laboratories were former subsidiaries of AHP and were the primary companies involved in the manufacture, distribution and sales of Pondimin and Redux. The drug companies involved with Phentermine (the second "Phen" in "Fen-Phen") and the prescribing physicians are not involved in this settlement.
Do I qualify for any settlement benefits?
Qualification for actually receiving any benefits under Fund B of the settlement plan
is complex and depends on the length of time a claimant used Pondimin
or Redux, the age of each claimant, the extent of heart valve injuries
sustained by each individual, and whether or not there are any other
complicating medical conditions which would reduce the amount actually
paid. In addition, all
users of Pondimin and Redux who have been diagnosed with Primary
Pulmonary Hypertension (PPH) are specifically excluded from receiving any
benefits under the settlement plan. PPH cases are NOT considered a "settled" claim and usually do not recover settlement benefits from Fund B, with some "rare" exceptions.
Click here to learn about benefits.
How will I know whether or not I qualify for any benefit and how much would that benefit be?
Our staff is currently reviewing each client's echocardiogram results in order to determine whether you could possibly qualify for any benefits under the settlement plan and will calculate the sum you could possibly receive (if you qualify and if the documentation exists to satisfy the necessary proof required). Please do not telephone our staff to ask for this information. We will contact you by telephone and/or by letter to inform you of our evaluation. Click here to learn about benefits.
What are my options under the settlement plan?
After reviewing your medical information particularly the echocardiogram, we will inform you about your rights under the class action settlement. The options include a possible payment on the settlement grid or possible "intermediate" or "back-end" opt out-rights. Click here to learn about benefits.
Has the Settlement Plan been fully accepted and approved by the proper court?
Yes, the final judicial approval occurred on January 3, 2002. You now have 12 months to obtain an echocardiogram for purposes of screening and determining whether or not you are eligible for benefits on the settlement grid, and if you wish to accept those benefits, or if you want to reject the benefits you may be entitled to, or if you do not qualify for any grid level payments if you want to file an "intermediate" opt-out or a "back-end" opt-out.
If you are a client of Napoli Bern and Hariton & D'Angelo, we will be preparing a comprehensive evaluation letter of your rights and benefits under the National Class Action Settlement. After reviewing your letter please contact our office to discuss your various options.
PLEASE BE ADVISED THAT THESE COMMENTS ARE MEANT TO BE A GENERAL DISCUSSION ABOUT THE SETTLEMENT PLAN BASED UPON THE MOST FREQUENTLY ASKED QUESTIONS BY OUR CLIENTS. FOR A MORE COMPLETE REVIEW YOU SHOULD ACCESS AND READ THE SETTLEMENT PLAN YOURSELF.
