Eleventh Amendment to AHP Settlement Agreement

Fen-Phen Lawyer, Cynthia K. Garrett, has been representing Pondimin & Redux victims since 1998.  Accepting new Fen-Phen clients nationwide.  

The Eleventh Amendment to the AHP Diet Drug Settlement is intended to provide a "simpler, streamlined, and more efficient administrative process to implement the Settlement Agreement."  The Amendment was approved by the Court on August 28, 2023. 

Timeline of the Eleventh Amendment:

On June 14, 2023, Class Counsel and Wyeth filed a joint motion seeking approval of a proposed amendment to the Nationwide Class Action Settlement Agreement. The motion was filed in the United States District Court For The Eastern District of Pennsylvania, which is the Federal court having jurisdiction over the Settlement. This amendment, when approved by the Federal Court, would terminate the AHP Settlement Trust and move the administration of aortic and mitral heart valve worsened injury claims to BrownGreer, a company specializing in Claims Administration, who would be required to process claims faster and more efficiently than presently done.  A copy of the Joint Motion To Approve Eleventh Amendment to Settlement Agreement and Memorandum in Support is found here.

On July 11, 2023,  the Eleventh Amendment received preliminary approval.  To see the Court Order, click here.  Affected Claimants will have an opportunity to be heard before the Court makes a final ruling. The proposed changes will not be in effect unless and until the Court grants final approval.

On August 28, 2023, the Court approved the Eleventh Amendment effective September 27, 2023. To see the Court Order, click here.  

Pondimin and Redux were withdrawn from the U.S. market in 1997 after they were found to cause damage to the aortic and mitral heart valves and resulting medical complications. These two diet drugs were also found to cause a lung condition called primary pulmonary hypertension which is also referred to as pulmonary arterial hypertension WHO group 1.

Pondimin and Redux were  manufactured and distributed by American Home Products.  American Home Products changed its name to Wyeth, LLC in 2002, and in 2009 became a subsidiary of Pfizer, Inc.

In 2000, the Federal Court having jurisdiction approved a class action settlement agreement for all Pondimin and Redux users in the United States who were diagnosed with aortic or mitral heart disease after Pondimin or Redux use.  The settlement is titled the Nationwide Class Action Settlement Agreement with American Home Products, more commonly called the AHP Settlement Agreement, or the Original AHP Settlement Agreement.

The AHP Settlement Trust was established by court order in 2000 to administer the aortic and mitral valve injury claims of registered Pondimin and Redux users.  Once a busy office with many employees, as the years passed fewer people were eligible to file claims and the staff was greatly reduced.  The claims administration process  became slow and more complicated than necessary.

The Eleventh Amendment to the AHP Diet Drug Settlement Agreement received final approval from the Court on August 28, 2023. The amendment is intended to simplify and speed up the processing and payment of Matrix Benefit Claims arising from injuries to the mitral and aortic heart valves after use of Pondimin or Redux.  All worsened injury supplemental claims will now be processed by BrownGreer, a claims administration company with over 25 years of extensive experience in mass tort claim management.  

Cynthia K. Garrett, Attorney at Law, will continue to represent Fen Phen users in the claim process.