Other AreasFen-Phen

AHP SettlementSeventh Amendment

The following description of the Seventh Amendment has been prepared for informational purposes only. It is not intended as and should not be relied upon as constituting legal advice. It is not intended for any other purpose.

The following description is not intended as, and does not constitute an official notice, explanation or other communication issued by the AHP Settlement Trust, Class Counsel and the Court. For all official notices regarding the 7th Amendment, visit www.settlementdietdrugs.com.

On January 18, 2005, Judge Bartle, the United States District Court Judge overseeing the Nationwide Diet Drug Settlement, approved the Seventh Amendment to the Fen-phen Settlement. That approval essentially creates two Fen-phen Settlement Trusts: the Original Settlement Trust and the 7th Amendment Settlement Trust.

The 7th Amendment Settlement Trust is a newly funded $1.25 billion settlement fund designed to provide a modest level of monetary compensation to two groups of Fen-phen Claimants: (1) the thousands of Diet Drug Recipients (approximately 43,000) who timely filed a Green Form on which compensation for Matrix Level 1 or Level 2 injuries was claimed; and (2) the thousands of Diet Drug Recipients who, although not eligible for Matrix level compensation, were diagnosed with "FDA Positive" valvular regurgitation and/or Mild mitral valve regurgitation and who timely registered with the Diet Drug Settlement Trust. Unless a Diet Drug Recipient who is in one of these two groups made a timely and affirmative election to Opt-Out of the 7th Amendment, he/she is automatically covered by the 7th Amendment.

Because the 7th Amendment Settlement Trust is a fixed settlement fund AND the number of Diet Drug Recipients who will be eligible to share in the fund is unknown at this time, the amount of compensation to be paid to each eligible Diet Drug Recipients is currently unknown. Until the review of all claims is completed and the number of eligible Diet Drug Recipients is determined, the amount of compensation to be paid to each eligible Diet Drug Recipient cannot be determined.

Diet Drug Recipients who timely filed Green Forms on which compensation for Matrix Levels 3, 4 or 5 also benefit under the new rules applicable to the Diet Drug Settlement. These so-called "High Level Matrix" claims are now subject to a "Parallel Processing Program" under which their claims for compensation are subject to an expedited review process.

If you are timely registered with the Diet Drug Settlement and would like to find out more about your legal rights, please click here.


Processing of Level 1 and Level 2 Matrix Claims under the 7th Amendment

The 7th Amendment provides for an abbreviated review process for Green Forms on which compensation for Matrix Level 1 and/or Level 2 injuries was claimed. The process requires each eligible Diet Drug Recipient to submit a claim package. The claim package will undergo a medical review to determine if the Diet Drug Recipient qualifies for compensation under the 7th Amendment.

If you have a pending Green Form claim for Matrix Level 1 or Level 2 compensation and would like to find out more about your legal rights, please click here.


Processing of Level 1 and Level 2 Claims under the Original Settlement

For those Diet Drug Recipients who timely exercised a "7th Amendment Opt-Out" thereby excluding themselves from the 7th Amendment, a different claims review process will be likely be announced by the Diet Drug Settlement Trust in the coming months. No one is quite sure what that process will look like but most believe it will be a rigorous one that will include an audit component and a medical history review.

If you have a pending Green Form claim for Matrix Level 1 or Level 2 compensation and would like to find out more about your legal rights, please click here.


Processing of High Level Matrix Claims - Matrix Levels 3, 4 and 5

Concurrently with the preliminary approval of the 7th Amendment in 2004, a "Parallel Processing Program" (PPP) was resurrected under which Green Form claims for Matrix Level 3, 4 and/or 5 compensation (so-called "High Level Matrix" claims) will be processed. The PPP is intended to streamline the review of the High Level Matrix claims so that these Diet Drug Recipients, who are the most severely injured, will have their claims reviewed and paid as quickly as possible.

If you have a pending Green Form claim for Matrix Level 3, 4 or 5 compensation and would like to find out more about your legal rights, please click here.


Processing of Progression Claims:

FDA Positive/Mild MR to Matrix Level and Claims involving Valve Surgery

Diet Drug Recipients who were originally diagnosed with "FDA Positive" valvular regurgitation or Mild Mitral Valve regurgitation may have experienced a worsening of their valvular heart disease, in some cases requiring surgery to repair or replace a diseased valve. In such a case, the Diet Drug Recipient is likely entitled to Matrix Level compensation based upon the progression of his/her valvular disease. Diet Drug Recipients who experience progression of their valvular disease and are otherwise eligible for Matrix Level compensation, will have their High Level Matrix Claims processed under the Parallel Processing Program.

In addition, Diet Drug Recipients who have a pending Green Form Claim for Matrix Level 1 or 2 compensation or who have already received payment for the Green Form Claims, may have experienced a worsening of the valvular disease, thereby making them eligible for Matrix compensation at a higher level, i.e. Level 3, 4 or 5 claims, currently known as High Matrix Level claims. These Diet Drug Recipients who experience progression of their valvular disease and are otherwise eligible for Matrix Level compensation, will have their High Level Matrix Claims processed under the Parallel Processing Program.

If you are a Diet Drug Recipient and have experienced a progression (worsening) of your valvular disease, please click here to find out more about your legal rights.


What if my Claim has already been Paid or Approved for Payment?

If you have already received Matrix Level compensation from the Trust you or you received a "Pre-Stay Payable Post Audit Determination Letter" or a Med CAP Notice, issued by the Trust on or before May 6, 2004, approving payment of your Green Form claim, your are not a member of the 7th Amendment Settlement Class.


What if my Claim has been denied and/or is the subject of a Contest or Show Cause Proceeding?

If your claim for matrix compensation has been denied and/or is the subject of a Contest or Show Cause Proceeding, you are not a member of the 7th Amendment Settlement Class.

If you have questions regarding your legal options or Fen-phen, please contact us.