News

February 10, 2006 -- Today Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania granted Approval of Pretrial Order 5983, Approving the Procedure for the Audit of Fund A Claims, which is Court-Approved Procedure ("CAP") No. 9.

(Click here) to view a copy of  Pretrial Order 5983 and CAP No. 9.

July 1, 2005 -- Today Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania granted Final Judicial Approval of the proposed Ninth Amendment to the National Diet Drug Settlement.

(Click here) to view a copy of  Pretrial Order 5398.

June 22, 2005 -- The Trust filed an Application for Confirmation of Interim Account and Discharge of Trustees, Trust Executive Director and Trust Officers.  On June 23, 2005, the Court directed the Trust to notify certain persons about the Application.  The Court also established deadlines related to the Application.

(Click here) for more information regarding the Discharge Application and certain related documents.

June 6, 2005 -- Joint Motion to Approve and Implement the Ninth Amendment to the Nationwide Class Action Settlement and for the Entry of Related Court-Approved Procedures was filed with the Court today.

(Click here) for more information regarding the Ninth Amendment.

April 28, 2005 -- Proposed Eighth Amendment Mediation Program Receives Court Approval.

(Click here) for PTO 5093 approving the Mediation Procedures.
(Click here) for the Eighth Amendment Mediation Program and Rules.

(Click here) for PTO 5929, which supersedes Order No. 5093, approving the previous version of the Mediation Procedures.

March 15, 2005 -- Today Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania granted Trial Court Approval of the proposed Seventh Amendment to the National Diet Drug Settlement.

(Click here) to view a copy of Memorandum and Pretrial Order 4567.

March 9, 2005 -- Pursuant to Section XIV.D of the Seventh Amendment to the Nationwide Class Action Settlement Agreement, Class Counsel, Wyeth, the Seventh Amendment Liaison Committee, and the Seventh Amendment Fund Administrator have filed the Amended and Final Category One Class List.

(Click here) for the Pleading - Amended and Final Category One Class List
(Click here) for Part 1 - Initial Category One Class List
(Click here) for Part 2 - Supplemental Category One Class List
(Click here) for Part 3 - Provisional Category One Class List

February 8, 2005 -- The U.S. District Court entered Pretrial Order No. 4467 ordering a stay of certain Trust activity pending consideration of the Seventh Amendment and the Parties'' proposals for further changes in Trust operations.

(Click here) to view a copy of Pretrial Order No. 4467.

August 26, 2004 -- The U.S. District Court for the Eastern District of Pennsylvania granted preliminary approval of a proposed Seventh Amendment to the Nationwide Class Action Settlement Agreement (as amended). A Class Notice will be mailed to all potentially affected class members. The Court has also extended the stay in processing Matrix Level I and II claims under the Settlement while the proposed Seventh Amendment is under consideration.

(Click here) for more information regarding the Seventh Amendment.
(Click here) for Pretrial Order 3880 granting preliminary approval of the Seventh Amendment.

(Click here) to view a copy of Pretrial Order No. 3786 extending the Stay.

July 22, 2004 -- The U.S. District Court entered Pretrial Order No. 3747, extending the Stay imposed by PTO Nos. 3511 and 3725 up to and including August 4, 2004.  The Order provides that the Stay will be extended beyond August 4, 2004 without the need for a further order if Wyeth, Class Counsel and the Seventh Amendment Liaison Committee file the proposed Seventh Amendment to the Settlement Agreement along with all exhibits required by the Seventh Amendment and a motion and supporting memorandum seeking preliminary approval of the Seventh Amendment by August 4, 2004.

See other NEWS entries below dated July 13 and May 10 for additional information regarding the Stay and the proposed Seventh Amendment.

(Click here) to view a copy of Pretrial Order No. 3747 extending the Stay.

July 13, 2004 -- Today the U.S. District Court entered Pretrial Order No. 3725 extending the stay, set forth in Pretrial Order No. 3511, until midnight July 21, 2004.  See the below News entry of May 10, 2004, for more details regarding the stay and PTO 3511.

(Click here) to view a copy of Pretrial Order No. 3725 extending the stay.

May 10, 2004 -- the U.S. District Court entered an Order that had been signed on May 6, 2004, granting the Joint Motion for Stay filed by Wyeth, Class Counsel, and Counsel for Certain Claimants. The Order stops the processing, auditing and payment of all claims potentially payable on Matrix-Level I or Matrix-Level II as well as certain aspects of the Trust''s Claims Integrity Program for a period of 60 days. The Parties have stated that the Order is effective through July 9, 2004.  During this time the parties will seek to finalize a proposed Seventh Amendment to the Settlement Agreement.  The Seventh Amendment proposes to set up an alternative claims facility for most of the Matrix-Level I and Matrix-Level II claims. The stay does not stop the Trust from continuing to process and pay High Level Matrix Claims (Matrix-Levels III, IV and V claims) nor certain Fund A claims, such as drug refund payments and some Cash Medical Services benefits. The stay is effective until July 9, 2004, unless further extended or otherwise modified by the Court. The Trust will continue to accept additional information from claimants relating to Matrix-Level I and Matrix-Level II claims during the period of the stay.

(Click here) to view a copy of Pretrial Order No. 3511 imposing the stay.

March 5, 2004 -- As part of the Claims Integrity Program, and pursuant to the authority granted to the Trust by Pretrial Order No. 2805, the Trust has promulgated a Medical Practices Questionnaire (the "MPQ"). Some claimants have reported that the physician who attested to their GREEN Form is unable or unwilling to respond to the MPQ. The Trust has determined that claimants may, if they wish, replace the original GREEN Form with a substitute, completed by a duly-qualified physician, under the terms of the "Substitution Policy." It is important to review the Substitution Policy carefully for details concerning required documentation and procedures.

(Click here) to view the Substitution Policy.
(Click here) for more information on the Claims Integrity Program.

December 19, 2003 -- Today the Court issued Pretrial Order No. 3185, extending some of the Trust''s deadlines for processing claims and approving the Trust''s prioritization of Level III, IV, and V Matrix claims and of claims that are described in the News entry of October 23, 2003, on this web page. Among other things, PTO No. 3185 also approves CAP No. 6 (Reimbursement for Additional Medical Services) and CAP No. 7 (Pro Se Claim Completeness Assistance Program) as requested by the Trust in the Operations Plan on August 4, 2003.

(Click here) to view a copy of the Memorandum and Pretrial Order No. 3185.

November 14, 2003 -- The Trust has adopted policies about the procedures it will follow in issuing Medical Practice Questionnaires (the "MPQ") for physicians to complete and submit in order for the Trust to properly evaluate GREEN Forms. In part, the policies are designed to shorten the amount of time required to obtain information called for by the MPQ and the amount of time that it will take to evaluate the information. The policies describe how the Trust will determine to issue such Questionnaires, the deadlines and procedures for responding, alternatives to completing the Questionnaire, how the responses will be analyzed and the consequences for failing to respond.

(Click here) to view the MPQ policies.

October 23, 2003 -- The Trust has adopted a policy about the order in which completed Matrix Level Benefit claims will be referred to the medical audit process. The Trust has already stated its policy that Matrix Level III, IV and V claims will receive expedited advancement and referral to medical audit, as announced in the Trust''s Operations Plan of August 2003. In addition, the following kinds of completed claims will be given priority:

· Level I, II, III, IV and V claims that were initially filed by a claimant without counsel (i.e., on a pro se basis) and that are still handled on a pro se basis;

· Level I claims;

· Level II claims attested to by physicians who have attested to fewer than 20 Matrix claims; and

· Level II claims with both a Pink Form and a Green Form filed before February 15, 2002.

October 17, 2003 -- The Fifth Amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation (Wyeth), as amended, (“Settlement Agreement”) imposed a Deadline of July 3, 2003, to obtain a free Echocardiogram Benefit under the Screening Program. Presently, more than fifteen weeks have passed since the Deadline.

The U. S. District Court that supervises the Trust and the Trust, have received requests for exceptions to the Deadline for obtaining the Echocardiogram Screening Benefit. While only the Court can grant exceptions, the Trust has accepted such requests and will forward them to the Court for its consideration.

Due to the substantial time since the Deadline, and Claimants’ opportunities during that time to request exceptions, the Trust has determined that it will oppose any request for an exception to the Deadline that is postmarked after October 31, 2003. Any request for an exception can be mailed to the Trust at the following address:

AHP Settlement Trust
555 North Lane, # 6045
Conshohocken, PA 19428

Written requests must include name, claim number, address, phone number, and signature in the letter. Written requests must be postmarked no later than October 31, 2003.

October 1, 2003 -- In response to recent motions filed by certain class members to suspend the Trust''s Claims Integrity Program, the Medical Practices Questionnaire and the operation of the Claims Integrity Hotline, the Court ordered today that these motions were denied.

(Click here) to view a copy of the Memorandum and Pretrial Order No. 3048.

September 18, 2003 -- The AHP Settlement Trust, today sued Kansas City, Missouri cardiologist Linda Crouse, MD for directing the filing of fraudulent claims. The complaint, filed in federal court in Philadelphia, alleges that Dr. Crouse intentionally defrauded the Trust by falsely certifying that thousands of claimants had serious valvular heart disease (VHD) thereby causing the Trust to pay millions of dollars in false claims and delaying compensation to legitimate claimants. To access a copy of the complaint (click here).

The complaint is one of several proactive efforts undertaken by the Trust in its effort to fulfill its commitment to legitimate claimants. The Trust has developed a Claims Integrity Program aimed at rooting out dishonest and unethical behavior within the claims process.

(Click here) for more information about the Claims Integrity Program.

The lawsuit accuses Dr. Crouse of mail and wire fraud, violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy to violate RICO, intentional misrepresentation and fraud, conspiracy to commit fraud, gross negligence, unjust enrichment and other violations. The suit seeks unspecified compensatory and punitive damages, to be determined at trial.

September 17, 2003 -- The Trust filed a submission amending the form of Pretrial Order that it was asking the Court to enter in connection with the motion that it had filed related to its Operations Plan (see news entry of August 4, 2003).

(Click here) to view the supplemental submission and the amended form of Pretrial Order.

September 9, 2003 -- Certain class members have filed a motion for an order suspending the Trust''s Claims Integrity Program and the Medical Practices Questionnaire deadline. On September 9, 2003, the Court issued Pretrial Order No. 3003, setting a deadline of September 19, 2003, for filing responses to the motion and setting a date of September 23, 2003, for a hearing on the merits of the motion.

(Click here) to view a copy of Pretrial Order No. 3003.

... Operations Plan

August 4, 2003 -- The AHP Settlement Trust filed an Operations Plan with the Court presenting a report of the Trust''s activity in recent months, the current state of its operational abilities, and its plans to make progress in resolving claims for benefits and providing benefits over the next twelve months. The Trust has filed a motion asking the Court for authority to proceed in accordance with the Operations Plan, to approve certain procedures proposed as part of the Operations Plan, to impose certain reporting requirements, and to suspend certain processing deadlines. To see the motion, the operations plan and the form of Order that the Trust is requesting, (click here). The Trust expects that the Court will give Class Members a time limit within which to comment on the plan, and that deadline will be posted here as soon as the Trust is informed of it.

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... Quarterly and Annual Reports

Under the Settlement Agreement, the Trust is required to make quarterly and annual reports to the Court, AHP and Class Counsel that provide specific information outlined in the Settlement Agreement. This information includes, among other things, both unaudited quarterly and audited annual financial statements of the Trust and the benefit award amounts paid to Class Members. The Trust is also required to provide the number and identities of Class Members who have opted out of the Class Action Settlement and who have accepted the Accelerated Implementation Option. This information is provided in certain exhibits to the reports, which are filed with the Court under seal because of the requirement that information about medical conditions must be kept confidential.

(Click here) to view the Reports Index.

... Reports Under Pretrial Order Nos. 2663 and 2881

Under the Court's Order of December 3, 2002 at PTO 2663, and the Order of June 3, 2003, granting the Trust an emergency suspension of certain fund processing deadlines in the Settlement Agreement, the Trust is required to submit monthly reports to the Court, commencing January 15, 2003, on matters related to the Trust''s review, processing and payment of claims. The Trust filed its first report under this Order on January 15, 2003.

(Click here) to view the Reports Index.

June 3, 2003 -- the Court issued Memorandum and Pretrial Order No. 2881 extending the period during which the Trust shall have certain deadlines for processing claims extended. The Order does not call for the Trust to stop processing, and the Trust is continuing to work at its capacity in processing claims. The Trust has, however, shown good cause for being unable to respond to certain claims within time periods that are set out in the Settlement Agreement.

(Click here) to view the Court's Memorandum and Pretrial Order No. 2881.

March 26, 2003 -- the Court issued PTOs 2805, 2806 and 2807.

PTO 2805 establishes the procedure that applies to the submission of medical records and documents required of all Class Members claiming Matrix Compensation Benefits. To view a copy of PTO 2805 (click here).

PTO 2806 establishes the credentials required for an Auditing Cardiologist. To view a copy of PTO 2806 (click here).

PTO 2807 approves the Rules for the Audit of Matrix Compensation Claims which were previously drafted and submitted to the Court for approval by the Trust, Class Counsel and Wyeth. Included within the Rules are procedures for the audit process, procedures for making determinations with respect to eligibility for Matrix Compensation Benefits and procedures for the Show Cause Process. To view a copy of PTO 2807 and the Rules for the Audit of Matrix Compensation Claims (click here).

March 12, 2003 -- Judge Harvey Bartle issued Pretrial Order No. 2778 approving the Joint Motion for Approval of the Sixth Amendment to the Nationwide Class Action Settlement Agreement. To access Judge Bartle''s Memorandum and Order (click here). To access the Sixth Amendment approved by the Court (click here).

The Sixth Amendment clarifies what happens if a Class Member claims Matrix Compensation Benefits from the Trust and the Trust does not have sufficient funds to pay the benefits if the Class Member is eligible for them. The Sixth Amendment also specifies what actions amount to "claiming" Matrix Compensation Benefits.

February 21, 2003 -- the Court issued PTO 2763, requiring the Trust to post on this site proposed Rules for the Audit of Matrix Compensation Claims that had been drafted by the Trust, Class Counsel and Wyeth. The Trust is also required to post proposed Court Approved Procedures regarding Medical Records Relating to Matrix Claims and regarding Credentials of Auditing Cardiologists, along with declarations in support of the proposal regarding Credentials of Auditing Cardiologists. Any objections to these materials must be filed with the Court by March 10, 2003, and a hearing on objections will be held in March 2003, on a date to be announced later.

(Click here) to view the Audit Process Index.

January 13, 2003 -- a Joint Motion for Approval of the Sixth Amendment to the Nationwide Class Action Settlement Agreement was filed with the Court. The Sixth Amendment was signed by the parties effective on January 10, 2003. The Sixth Amendment deals with the question of what happens if the Trust does not have sufficient funds to pay the Matrix Compensation Benefits of all Class Members who are eligible for them. It also specifies what actions constitute "claiming" Matrix Compensation Benefits under the Settlement Agreement.

(Click here) to access a copy of the Joint Motion and a copy of the Sixth Amendment.

A notice summarizing the Sixth Amendment will be included with the Official Court-Approved Notice of May 3, 2003 Deadline sent by the Trust, on or before February 3, 2003, to all persons on its Notice List. To access a copy of that notice about the Sixth Amendment, (click here).

December 10, 2002 -- Judge Harvey Bartle issued Pretrial Order No. 2677 approving the Joint Motion to Approve and Implement the Fifth Amendment (as revised on November 21, 2002,) to the Nationwide Class Action Settlement with AHP. To access Judge Bartle''s Memorandum and Order (click here). To access the Revised Fifth Amendment approved by the Court (click here).

The changes to the Settlement Agreement implemented by this Amendment of interest to Class Members are:

1. It extends the time during which Class Members, who timely registered for benefits by August 1, 2002, and who are otherwise eligible for Screening Program Benefits, may receive a free Echocardiogram and associated interpretive physician visit beyond January 3, 2003. The Echocardiogram must now be conducted no later than July 3, 2003, unless the Court determines, upon a showing of good cause and due diligence, to extend further the time during which the Echocardiogram may be performed. For Class Members who receive an Echocardiogram after January 3, 2003, the deadline to exercise an Intermediate Opt-Out will be extended. Eligible Class Members should nevertheless schedule their Echocardiograms as soon as possible. Cardiologists often schedule Echocardiograms months in advance, and if it should be necessary to reschedule an appointment, an eligible Class Member may not be able to receive a timely Echocardiogram even under the extension implemented by the Fifth Amendment.
2. It eliminates the necessity for certain Class Members to reimburse certain subrogees. Many large health insurer subrogees entered into separate settlement agreements with Wyeth and the Trust under which, in exchange for payments from the Settlement Fund, the subrogees released all claims against the Trust, Class Members and Wyeth. Those settlement agreements originally provided a simplified method for Class Members obtaining Matrix-Level Benefits to satisfy subrogation claims by repayment to the Trust. The Fifth Amendment eliminates this subrogation repayment requirement with regard to all those subrogees who have entered into such separate settlement agreements. In addition, any Class Member who has previously had any amount deducted from his/her Matrix Compensation Benefits for such purpose will receive a refund of that amount from the Trust. The Trust will shortly include on this website a list of the subrogees subject to this provision.
3. By merging Funds A and B, the refunds of certain prescription drug and Echocardiogram screening cost benefits will be expedited. Those refunds would otherwise have had to await a determination that there are sufficient funds to pay these benefits, which determination could not be made until some time after May 3, 2003.

December 3, 2002 -- Judge Harvey Bartle issued Pretrial Order No. 2663, in response to a Motion filed by the Trust on September 25, 2002, suspending most of the deadlines and time periods for the Trust to process Claims for benefits under the Settlement Agreement. The suspension will be in effect until May 1, 2003. The Order did not suspend the requirement to inform Class Members within 30 days of receipt of a Claim, of the unique identifying number assigned to each Class Member''s Claim.

The Trust requested this emergency suspension because of its inability to process on a timely basis the flood of Claims it received right before the filing deadline of August 1, 2002. The number of Claims filed was far out of proportion to the projections on which the Settlement Agreement was based. In addition, tens of thousands of Claims have had incomplete or deficient answers. This has required the Trust to communicate in writing to Class Members noting these deficiencies. The inability of the Trust to process those Claims until it receives the requested additional information has interfered with its ability to process other Claims on a timely basis. To remedy the situation, the Trust intends to hire more full-time employees to review forms and process Claims. To access Judge Bartle''s Memorandum and Order (click here).

November 26, 2002 -- Judge Harvey Bartle issued Pretrial Order No. 2662 requiring the Trust to audit every Claim for Matrix-Level Benefits not yet paid as of that date. Until this Order was issued, 15% of the Claims for Matrix-Level Benefits were audited. Any unaudited Claims in process that have not been paid will have to go through the audit process. These audits will continue to be performed by highly qualified, independent, Board-Certified Cardiologists or Board-Certified Cardiothoracic Surgeons with Level III training in Echocardiography, selected by the Trust. P>These auditing Cardiologists will review all medical information, supporting documentation and videotapes or disks of Echocardiograms relied upon by the Cardiologists who performed the Echocardiograms and certified the medical conditions in the Claim Forms. The purpose of the audits will be to determine whether there was a reasonable medical basis for the representations made by those Cardiologists.

The Trust has retained additional Cardiologists to perform these audits but expects that there will be some delays in the payments to which Claimants may be entitled.

For more information about audits, refer to Sections VI.E. and F. of the Settlement Agreement; to read Judge Bartle's Memorandum and Order, (click here).