On August 28, 2023, the Court approved the Eleventh Amendment to the Settlement Agreement in PTO No. 9558 (District Court Approval Order). The Eleventh Amendment became effective on September 27, 2023 (the “Effective Date”), which was 30 days after the date of District Court Approval. The Eleventh Amendment is intended to modernize and enhance the efficiency of the administration of the Nationwide Class Action Settlement Agreement in light of the experience processing the relatively small number of claims that have been presented for payment by the Class Action settlement fund in recent years. The amendment makes it possible to adjudicate Class Member claims more quickly, more accurately and much less expensively than the previous system without prejudicing Class Members in any way. As of the Effective Date, the AHP Settlement Trust was terminated and all responsibility for the implementation of the Settlement Agreement was transferred to the Claim Administrator (BrownGreer PLC). A summary table of the terms of the Eleventh Amendment on Program implementation also is available.
The Eleventh Amendment applies to “Eleventh Amendment Class Members” who are defined as all Diet Drug Recipients (or the Representative Claimants of Diet Drug Recipients) who: (a) are not Category One Class Members or Category Two Class Members under the Seventh Amendment to the Settlement Agreement; and (b) on or before the Effective Date, had been paid Matrix Compensation Benefits by the Trust on any Matrix Level other than Matrix Level V.
On November 18, 1999, Class Counsel and Wyeth entered into a Nationwide Class Action Settlement to resolve on a class basis most claims arising from Wyeth’s marketing of the Diet Drugs, Pondimin® and Redux™ (“Diet Drugs”) including all claims based on allegations of Diet Drug-induced valvular heart disease (“VHD”). The Settlement Agreement achieved Final Judicial Approval from the U.S. District Court for the Eastern District of Pennsylvania Court (the “Court”) on January 3, 2002. Among other things, the Settlement Agreement provided Class Members with Matrix compensation benefits for serious levels of VHD in accordance with two settlement Matrices (the "Matrix Grids," which can be found on the Important Documents page, in the Matrix Grids section). The Court has approved eleven amendments to the Settlement Agreement.