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2018 FEN PHEN LAWYER: UPDATE - DEADLINES AND QUALIFYING INJURIES
2018 UPDATE: CLAIMS ARE STILL BEING FILED AND PAID
Representing Pondimin and Redux victims since 1998. Accepting new Fen Phen clients nationwide.
AHP SETTLEMENT CLAIMS CAN STILL BE FILED FOR AORTIC AND MITRAL HEART VALVE INJURIES AND RELATED COMPLICATIONS:
We are accepting new Pondimin and Redux clients. Deadlines apply to when an injury must occur in order to qualify for compensation, and when you must file your claim for that injury. See below to learn what deadlines apply to you.
WHAT IS FEN-PHEN:
Fen-Phen is the common name of a weight loss protocol heavily marketed in the 1990's that combined phentermine with either fenfluramine (Pondimin) or dexfenfluramine (Redux). Pondimin and Redux were shown to cause damage to the mitral and aortic heart valves; and a serious lung condition called primary pulmonary hypertension. Pondimin and Redux were withdrawn from the U.S. market in 1997.
WHAT IS THE AHP DIET DRUG SETTLEMENT TRUST:
The AHP Settlement Trust was established to administer the aortic and mitral valve injury claims of registered Pondimin or Redux users.
WHO CAN STILL FILE A CLAIM:
Claims can still be filed for those who are included in one of the two groups below.
1) Supplemental Claims for worsened injuries may be filed by those who:
- Previously received Matrix Compensation from the AHP Settlement Trust; and
- Did not participate in the Seventh Amendment Supplemental Fund; and
- Have been diagnosed with a medical condition that qualifies for a Matrix Compensation level and dollar value above any previous awards received; and
- The qualifying Matrix Compensation medical condition was diagnosed before the patient's 80th birthday and within four years of the date the claim will be filed.
2) Original Claims may be filed by those who:
- Have not yet received Matrix Compensation; and
- Filed an opt-out form by November 9, 2004 removing themselves from participation in the Seventh Amendment Supplemental Fund; and
- Did not file an opt-out form removing themselves from the AHP Settlement Trust; and
- Did not settle a claim for Pondimin or Redux injuries outside of the AHP Trust; and
- Can prove that a Matrix Compensation medical condition existed before December 31, 2015; and
- Have been diagnosed with a qualifying Matrix Compensation medical condition before the patient's 80th birthday and within four years of the date the claim will be filed.
- Registered with the AHP Settlement Trust on or before May 3, 2003.
- Proof of use of Pondimin or Redux. Normally this was provided at the time of registration.
- Baseline Heart Valve Injury: Qualifying echocardiogram - performed after first use of Pondimin or Redux and before the end of the screening period - which shows mild or greater mitral or aortic heart valve regurgitation.
- The screening period ended on July 3, 2003, for echocardiograms provided by the AHP Settlement Trust, and on January 3, 2003, for all others.
SEVENTH AMENDMENT SUPPLEMENT FUND:
Those Pondimin and Redux users who met the definition of a Category 1 or 2 Claimant - as defined in the Seventh Amendment to the AHP Settlement Agreement - were automatically included as participants in the Seventh Amendment Supplemental Fund unless the claimant filed an opt-out form by November 9, 2004.
The definition of Category 1 includes those who had an unresolved Green Form on file on November 9, 2004, which supported a Level I or II injury.
The definition of Category 2 includes those who:
- Were diagnosed with mild or greater aortic or mitral heart valve regurgitation after first use of Pondimin or Redux and prior to the end of the Screening Period; and
- Had not filed a Green Form by November 9, 2004 supporting a claim for Matrix Levels III, IV or V; and
- Had not received Matrix Compensation before November 9, 2004; and
- Are not members of Category 1.
QUALIFYING INJURY DEFINITIONS:
The definitions of the five Matrix Compensation Benefit Levels as found in the AHP Diet Drug Settlement Trust Agreement are linked here.
If you are not a doctor, or a lawyer currently familiar with Fen Phen injuries, these definitions can be overwhelming. To assist you, we provide below the criteria we use to determine if we are interested in reviewing a case. During a case review we will compare the injuries suffered with the official AHP Settlement Trust criteria.
If you think you may have a viable claim, review Our Initial Criteria For Fen Phen Case Review below. If you meet all of the Basic Criteria, and at least one of the Additional Criteria, contact us immediately to speak with an attorney about your case.
FEN PHEN LAWYER CYNTHIA K. GARRETT, ATTORNEY AT LAW
INITIAL CRITERIA FOR A FREE FEN PHEN CASE REVIEW
Requires all Basic Criteria and any one of the Additional Criteria listed below.
Our criteria found here is broader than that required by the AHP Settlement Trust. It is meant to serve only as a starting point, a place to begin a conversation. If we accept your case, we will compare the injuries documented in your medical records with the criteria set out in the AHP Settlement Trust Agreement.
Basic Criteria – Required for free initial case review:
1. Included in either of the two groups listed above under the heading Who Can Still File A Claim.
2. Meet all of the criteria found above under the heading Baseline Requirements.
Additional Criteria - One required for free initial case review:
- Mitral or aortic heart valve repair or replacement surgery has been performed.
- Mitral or aortic heart valve repair or replacement surgery is needed but cannot be performed due to other health risks.
- Complications from mitral or aortic heart valve surgery including: stroke, coma, death, infection of the surgical site, kidney failure with dialysis, blood clot requiring surgery, quadriplegia or paraplegia due to spinal injury during valve surgery, HIV or Hepatitis C acquired through blood transfusion during valve surgery.
- A second surgery to the same valve, aortic or mitral, within eighteen months of the first.
- Severe pulmonary hypertension.
- Sudden Cardiac Death and/or Cardiac Arrest, where an EKG taken at the time includes the arrhythmias known as: ventricular fibrillation and pulseless ventricular tachycardia. These conditions are treated with immediate defibrillation (electrical shocks to the heart) without which the patient will die within minutes, and may die despite these efforts.
- Bacterial endocarditis (infection in the heart) which caused a stroke, peripheral embolus, coma or death.
- Ejection fraction below 40% six months or more after aortic or mitral valve surgery.
- Ejection fraction below 35% where valve surgery is needed but cannot be performed due to other health risks.
- Blood clot originating in the heart that traveled elsewhere resulting in kidney damage, abdominal organ injury requiring surgery, or amputation of an arm, leg, hand or foot.
- Have had, or need, a heart transplant.
- Stroke with permanent disability, caused by chronic aortic fibrillation, heart valve disease, heart valve surgery, or any of the above.
- Coma or vegetative state caused by chronic aortic fibrillation, heart valve disease, or any of the above.
- Death caused by heart arrhythmia, heart valve disease, heart valve surgery, or from any of the above.