A proposed settlement between drugmaker Wyeth and attorneys representing more than 100,000 former Fen Phen users, would expedite the review of the least serious but numerous claims, while allowing Wyeth to pay drastically reduced settlements.
The agreement, labeled the 7th Amendment, creates a $1.25 billion fund for a new class of Trust members, who opt to receive reduced settlements upon final Court approval of the Amendment. The remaining balance of the original $3.75 billion Trust will be used to help the victims who have ongoing health problems in years to come.
About 40,000 people with non-life-threatening heart-valve damage, the biggest group of claimants, would be covered by the new fund.
“The 7th Amendment is a real and meaningful solution to the Fen-Phen Trust where payments are essentially nonexistent for the vast majority of claimants. This solution preserves funding in the event claimants injured by diet drugs progress to heart valve surgery or similarly serious conditions and allows Wyeth to pay reduced settlements to more than 40,000 Fen-Phen victims with non-surgical conditions,” said Jerry Alexander, a victim representative and member of the 7th Amendment Liaison Committee.
Wyeth said in a statement: “Class members will have the right to opt out of the Seventh Amendment and to remain bound by the existing terms of the national settlement. The Company also has the right to withdraw from the Seventh Amendment if participation by class members is inadequate or for any other reason.”
This agreement now requires judicial approval, and the stay on Trust claims processing will continue during this process, Wyeth said.
The Fen-Phen Trust was established in 2001 after the Mayo Clinic reported that Pondimin, a drug sold by Wyeth as half of the Fen-Phen combination, caused serious heart and lung damage.
(via PR Newswire)
16 responses so far ↓
Karen Fronick // Sep 13, 2004 at 12:06 pm
I am trying to locate PTO 3666 issued by Judge Bartle June 29, 2004 in Accadia V. Wyeth.
joyce fillingame // Sep 27, 2004 at 10:23 pm
i hjad heart surgery to have 2 valves replaced. i have had bad health every since my surgery was very hard on me a lot worse than they thought. are they gonna pay people off that had heart surgery because of the phen-fen diet pills? I HAVE HEARD DIFFERENT STORIES ABOUT IT IF ANY ONE KNOWS HOW MUCH ARE THEY GONNA PAY FOR PEOPLE THAT HAD SURGERY I STAY ON THE LIFE SUPPORT FOE 13 DAYS IF SOME ONE KNOWS PLEASE LET ME KNOW.
b wells // Oct 25, 2004 at 10:47 am
someone remarked that getting a settlement is like winning the lottery.
It is no lottery when you cannot sometimes catch your breath,or can no longer walk without getting tired.It is no lottery when you have to lie down several times a day.I wish that person could walk in my shoes–IT IS NO LOTTERY.
Denise Case // Oct 25, 2004 at 12:07 pm
This lawsuit has done nothing for me other than run up my medical bill for the echocardiogram (I was told it would not cost me anythung). The company has threatened to sue (after they said it would not cost me a thing)and no response from my lawyer. I have yet to be reimbursed for the echo. This whole thing is such a sham by the doctor’s and lawyers participating!
richard f hernon // Nov 23, 2004 at 1:01 pm
i had valve replaced in 2000.my case is being looked at for months.no news yet
Jacqueline Brown // Jan 27, 2005 at 6:08 pm
When Can we expect our settlment how long will this new agreement take in order to receive payment? It has been so long and I am suffering from hypertension and shortness of breath. I was healthy before I started using fen-phen and my health have not been good. I just want this to be over.
Ruth // Mar 9, 2005 at 5:19 pm
Does anyone know if there’s any cases being settled now? I started this thing three years ago and I still know NOTHING at all. I just want it to be over, whatever I get will be better than nothing.
Pat Moore // Jun 29, 2005 at 8:36 am
I have been in this settlement for 4 years now, waiting to get some kind of compensation. Ive had 2 heart attacks and had a stent replaced.. I have huge swelling in my left leg and ankle. Before I even knew that phen phen existed, I was healthy and happy. Now look what its done for me.. Its been taken off the market because studies have shown it causes health risks. Well it caused me MAJOR health risks but I havent seen a dime to reimburse me for my medical bills. When will this ever end? And when it does, will it even be enough to pay for the expenses incurred from this outrageous so called medicine that was prescribed for me??
marcia ethridge // Jun 29, 2005 at 8:53 pm
I have been in this case since 2000. I have received some information concerning this class action suit. It has been long enough. I realize this is a big settlement. I have a mitral valve and aorta problems. i am on medicine for my heart because it is beating so fast. I feel tired and I am out of breath. No one told me of the side effects of taking this drug and the drug people knew about. I certainly would not have taken it if I had known. When will this be over? It should have already been settled. Please let me know. Thanks,
Marcia
Mary Ann // Jul 16, 2005 at 5:12 pm
I have had claim pending since March, 2000. I had mitral valve replaced in April 2003. I consistently try to find out what is going on with the settlement agreement. I have decided that I will be dead before I ever receive any money from the settlement trust.
KELLIE says // Aug 18, 2005 at 2:09 pm
I have been waiting for this so called settlement for 3 years now.I have hypertension and I give out of breath easy and I am tired all the time.I developed the hypertension while taking the fen-phen. I never had hypertension until about 3 months of taking the drug.The doctor had to put me on blood pressure medicine at age 23 and I have been on it for 12 years now.
KELLIE says // Aug 18, 2005 at 2:11 pm
I have been waiting for this so called settlement for 3 years now.I have hypertension and I give out of breath easy and I am tired all the time.I developed the hypertension while taking the fen-phen. I never had hypertension until about 3 months of taking the drug.The doctor had to put me on blood pressure medicine at age 23 and I have been on it for 12 years now.
Izola Toy // Aug 22, 2005 at 6:10 am
I have taken the drugs and I have been waiting for 3 years. They did give me a small amount for taking the drug, but I have not revieve any money on the settlement. When you talk to them they act like its nothing wrong with you. I have to take blood pressure pills and I have shortness of breath and they are trying to tell me I do not qualify for a settlement amount. I read research and it stated it doesn’t matter how long you took the drug to cause heart problem. The test show difficencies in the heart. I need a lawyer that will take my case and get me some justice.
Lynette Jordan // Sep 19, 2005 at 12:04 pm
My attorneys settled without our permission & they frightened us into having another echo before our court dates, which much to our surprise said that the 3 of us going to court were all getting better? What??? We were told that this was life threatening & not reversable! Who is getting the settlements & giving those of us who are ill, short of breath, tired all the time a few pennies? Our attorneys & the drug companies! That’s who!
keven kitts // Oct 26, 2005 at 11:50 pm
I have been waiting for almost five years for this settlement to end. I have mild mitral regurgitation,and an ellarged heart this medication disabled me and I can’t even afford to purchase the medications I need to stay alive by the grace of god would you please settle this ordeal or let us dying victims no somthing.
Tom b // Nov 9, 2005 at 1:08 pm
It’s really sad to say, but I can’t help but wonder if a family member of the judges making the decisions was sick would they feel differently about the many thousand of ill people using this deadly drug. Maybe they should walk in our shoes for a day and they would understand how deadly our illnesses are!!!!!!!!
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