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. Ten amendments to the Settlement Agreement have been approved by the Court. The Tenth Amendment was submitted to the Court for approval, and on July 2, 2010 Class Counsel and Wyeth’s Joint Motion for Approval of the Tenth Amendment was granted by Pretrial Order No. 8506.
(Click here) Memorandum in support of separate Pretrial Order No. 8506
(Click here) The Tenth Amendment
The Tenth Amendment
The Tenth Amendment does the following:
- Adds $12.5 million to the Cardiovascular Medical Research and Education Fund.
- Sections III.C.4.a and III.C.4.b of the Settlement Agreement are deleted. These provisions determine when Wyeth’s obligation to make Settlement Fund payments is terminated. The Tenth Amendment maintains the status quo, namely it obligates Wyeth to continue making periodic payments into the Settlement Fund until the MAFBA is exhausted or there are no class members who remain eligible to receive Matrix Compensation Benefits.
- Reduces the amount of the security Fund established by the Settlement Agreement to its pre-Fifth Amendment amount.
- Formally establishes deadlines for Fund A benefits. Given that the deadline to register for Cash/Medical services benefits and purchase price refund expired on May 3, 2003 and August 1, 2002, respectively, the Tenth Amendment states the Trust shall not process or pay any claims for these benefits after December 31, 2011, except in certain circumstances.
- Contains a guarantee from Pfizer, of which Wyeth became a wholly-owned indirect subsidiary on October 16, 2009. Pfizer “absolutely, unconditionally and irrevocably guarantees the full and punctual payment when due of the deposits into the Settlement Fund required under section III.C of the Settlement Agreement relating to matrix claims, up to the Maximum Available Fund B Amount, pursuant to the terms of the Settlement Agreement.