Seventh Amendment 1
The Nationwide Class Action Settlement Agreement (the "Settlement Agreement") was reached to resolve certain pending and potential legal claims against American Home Products, now known as Wyeth, arising from two Diet Drugs it marketed, Pondimin® and Redux™. The Settlement Agreement achieved the Court's Final Judicial Approval on January 3, 2002. Nine amendments to the Settlement Agreement have been approved by the Court. The Seventh Amendment was submitted to the Court for approval, and on March 15, 2005 the Joint Motion for Approval of the Seventh Amendment was granted. [link to Seventh Amendment]
The Seventh Amendment
Wyeth agreed to pay an additional $1.275 billion to create a new Supplemental Class Settlement Fund ("Supplemental Fund") with a separate process for reviewing and paying claims. The claim processing was performed by the Fund Administrator, together with Class Counsel and a committee of lawyers (the "Seventh Amendment Liaison Committee" or "SALC"), whose firms represented many Class Members with claims included in the Seventh Amendment. In addition, a medical committee of three cardiologists (the "Medical Review Coordinating Committee" or "MRCC") helped the Fund Administrator develop the rules, forms and procedures for the Medical Review.
In addition to providing the Supplemental Fund, Wyeth guaranteed payment to Class Members participating in the Seventh Amendment who: 1) were diagnosed with FDA Positive or mild mitral regurgitation between the commencement of diet drug use and January 3, 2003 (or by a later date for those Class Members who were unable to receive an echocardiogram from the Trust's Screening Program by January 3, 2003, and who obtained a Court-approved extension) ("the Screening Period"); and, 2) who have a medical condition that qualifies them for payment on Matrix Levels III, IV or V, as modified by the Seventh Amendment, if those conditions occur and are diagnosed by the earlier of December 31, 2011, or 15 years from the date of their last diet drug use.
The Fund Administrator has completed all distributions that it was authorized to make under the terms of the Seventh Amendment to the Nationwide Class Action Settlement. However, Class Member in the Seventh Amendment may be entitled to the payment of additional compensation by the AHP Settlement Trust if the Class Member had a FDA positive or Mild Mitral Regurgitation by the end of the Screening Period and develops a “ High Matrix Level Qualifying Factor”[link to Selected Sections of the Seventh Amendment relating to “High Matrix Level Qualifying Factors” ]by the earlier of December 31,2011 or 15 years from the date of last ingestion of Diet Drugs. The most common “High Matrix Level Qualifying Factor” is surgery to repair or replace the Mitral and/or Aortic valve.