2022 UPDATE: FEN-PHEN CLAIMS ARE STILL BEING FILED & PAID
2022 UPDATE: FEN-PHEN CLAIMS ARE STILL BEING FILED & PAID
Fen-Phen Lawyer, Cynthia K. Garrett, has been representing Pondimin & Redux victims since 1998. Accepting new Fen-Phen clients nationwide.
WHAT IS FEN-PHEN
Fen-Phen is the common name of a weight loss protocol heavily marketed in the 1990s 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Pondimin and Redux were withdrawn from the U.S. market in 1997. The AHP Settlement only includes those who used Pondimin or Redux.
WHAT IS THE AHP SETTLEMENT TRUST
The AHP Settlement Trust was established to administer the aortic and mitral valve injury claims of registered Pondimin or Redux users.
WHO CAN STILL FILE A FEN-PHEN CLAIM
Fen Phen claims can still be filed for those who meet the Baseline Requirements listed below and are included in one of these two groups:
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 (see more on this at the bottom of this page); 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 possibly 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 by December 31, 2015; and
- Have been diagnosed with another qualifying Matrix Compensation medical condition before the patient's 80th birthday and within four years of the date the claim will be filed.
3) Those whose claims were placed into the Seventh Amendment Settlement may no longer file claims. All deadlines have passed. See details of the Seventh Amendment below.
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 the 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.
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- Included in either of the two groups listed above under the heading Who Can Still File A Fen-Phen Claim.
- Meet all of the criteria found above under the heading Baseline Requirements.
- Have at least one of the medical conditions listed in Additional Criteria below.
ADDITIONAL CRITERIA - MEDICAL CONDITIONS
- Mitral or aortic heart valve repair or replacement surgery has been performed.
- Mitral or aortic heart valve repair or replacement surgery is needed but cannot be performed due to other health risks.
- Complications from mitral or aortic heart valve surgery including stroke, coma, death, infection of the surgical site, kidney failure with dialysis, blood clot requiring surgery, quadriplegia or paraplegia due to spinal injury during valve surgery, HIV or Hepatitis C acquired through a blood transfusion during valve surgery.
- A second surgery to the same valve, aortic or mitral, within eighteen months of the first.
- Severe pulmonary hypertension.
- Sudden Cardiac Death and/or Cardiac Arrest, where an EKG taken at the time includes the arrhythmias known as ventricular fibrillation and pulseless ventricular tachycardia. These conditions are treated with immediate defibrillation (electrical shocks to the heart) without which the patient will die within minutes, and may die despite these efforts.
- Bacterial endocarditis (infection in the heart) caused a stroke, peripheral embolus, coma, or death.
- Ejection fraction below 40% six months or more after aortic or mitral valve surgery.
- Ejection fraction below 35% where valve surgery is needed but cannot be performed due to other health risks.
- Blood clot originating in the heart that traveled elsewhere resulting in: kidney damage, abdominal organ injury requiring surgery, or amputation of an arm, leg, hand, or foot.
- Have had, or need, a heart transplant.
- Stroke with a permanent disability, caused by chronic aortic fibrillation, heart valve disease, heart valve surgery, or any of the above.
- Coma or vegetative state caused by chronic aortic fibrillation, heart valve disease, or any of the above.
- Death caused by heart arrhythmia, heart valve disease, heart valve surgery, or from any of the above.
QUALIFYING INJURY DEFINITIONS
If you are not a doctor, or a lawyer currently familiar with Fen-Phen injuries, these definitions can be overwhelming. To assist you, we provide above the criteria we use to determine if we are interested in reviewing a case. During a case review, we will compare the injuries suffered to the official AHP Settlement Trust criteria.
If you think you may have a viable claim, review Our Initial Criteria For Fen-Phen Case Review below. If you meet all of the Basic Criteria, and at least one of the Additional Criteria, contact us immediately to speak with an attorney about your case.
SEVENTH AMENDMENT SUPPLEMENTAL FUND
Seventh Amendment participants may no longer file claims. All deadlines for these persons have expired.
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 Level I or II injuries.
The definition of Category 2 includes those who:
- Were diagnosed with mild or greater aortic or mitral heart valve regurgitation after the first use of Pondimin or Redux and prior to the end of the Screening Period; and
- Had not filed a Green Form by November 9, 2004, supporting a claim for Matrix Levels III, IV, or V; and
- Had not received Matrix Compensation before November 9, 2004; and
- Are not members of Category 1.
PULMONARY HYPERTENSION LAWSUITS & VALVE INJURY CLAIMS
FEN-PHEN PULMONARY HYPERTENSION LAWSUITS
Fen-Phen lawsuits are filed in Federal Court by those who took Pondimin or Redux, have been diagnosed with Primary Pulmonary Hypertension - which is also called Idiopathic Pulmonary Arterial Hypertension - and are now seeking financial compensation for their injuries. If that person is deceased, a court-appointed personal representative may file the lawsuit on behalf of the deceased Fen-Phen user's estate.
HEART VALVE CLASS ACTION CLAIMS
Fen-Phen class action claims are filed with the AHP Settlement Trust - the trust established by court order to administer and pay claims associated with aortic or mitral valve injuries. These claims seek financial compensation for the injured and their derivative beneficiaries. If the injured Fen-Phen user is deceased, a court-appointed personal representative may file the claim.
WHAT DRUGS ARE INCLUDED IN THIS LITIGATION
Fen-Phen is frequently misspelled as fen-fen, phen-phen, or fin-fin. This litigation only includes those who took Pondimin or Redux. It does not cover alleged injuries from other diet drugs including those taken with Pondimin or Redux. Fen-Phen lawsuits and Fen-Phen claims relate only to Pondimin and Redux.