2018 FEN PHEN SETTLEMENT

2018: Still Accepting New Fen Phen Clients

Cynthia K. Garrett is an attorney in private practice who has been representing Pondimin & Redux Users Since 1998.  She is still accepting new Fen Phen Clients.  Go to the Free Case Review page to see if your case meets our criteria.

FEN PHEN UPDATE 2018: AHP SETTLEMENT CLAIMS CAN STILL BE FILED

Cynthia K. Garrett is still accepting new Pondimin and Redux clients who qualify to file new or worsened injury claims with the AHP Diet Drug Settlement Trust. 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 Pondimin and Redux were withdrawn from the U.S. market in 1997.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 injury claims of registered claimants who used either Pondimin or Redux.

WHO CAN STILL FILE A CLAIM:

Claims can still be filed for those who are included in either of the two groups below, and meet the Baseline Requirements listed 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. 

 Claims must be filed within four years of the new or worsened injury qualifying event.


Baseline Requirements:

  • 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. 

Who Participated in the 7th Amendment Supplemental 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:

  1. 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
  2. Had not filed a Green Form by November 9, 2004 supporting a claim for Matrix Levels III, IV or V; and
  3. Had not received Matrix Compensation before November 9, 2004; and
  4. Are not members of Category 1.

Participants in the 7th Amendment Supplemental Fund may no longer file claims.