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We have put together the following Fen-Phen related information for doctors and lawyers. Please click from the list below to go to that section, or simply scroll down the page.

  1. What Is The Compensation For Qualifying Medical Events Under The Fen-Phen Class Action Settlement?
  2. What Events or Conditions Would Qualify For Benefits Under The Fen-Phen Class Action Settlement?

 

What Is The Compensation For Qualifying Medical Events Under The Fen-Phen Class Action Settlement?

If a Fen-Phen Diet Drug Recipient is registered as a Seventh Amendment Claimant under the Fen-Phen Class Action Settlement, he/she is entitled to compensation if a qualifying event is diagnosed and also occurs by the earlier of (a) December 31, 2011, or (b) 15 years from the date that the patient was last exposed to either Fen-Phen, Pondimin (fenfluramine) or Redux (dexfenfluramine). You can still file a claim after this deadline but the condition must occur before this deadline in order to qualify for benefits.

Under the Seventh Amendment to the Fen-Phen Class Action Settlement, there are over 400,000 fen-phen class members registered to receive additional compensation if their heart condition(s) worsen. Unfortunately, a majority of these class members / patients and their doctors are likely unaware of the events / conditions which may qualify a patient for compensation.

The amounts which individuals are entitled to recover under the Fen-Phen Class Action Settlement depend on the Diet Drug Recipient's age at diagnosis and occurrence of a Matrix Level III, IV or V condition ("Level of Severity"), and additional criteria, such as duration of diet drug usage (click here for a summary of additional criteria). For qualifying Diet Drug Recipients, payments will be made according to the following Matrix A-1 or Matrix B-1:


Click here to view the Matrix as a PDF file.

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What Events or Conditions Would Qualify a Fen-Phen Patient For Benefits Under The Fen-Phen Class Action Settlement?

Below is a list of the events / conditions which may qualify a Fen-Phen class member / patient for High Matrix Level Benefits under the Fen-Phen Class Action Settlement Agreement. For patients who have not had a valvular surgery, the qualifying events/conditions are as follows:

 

  1. Left-sided valvular surgery;
  2. Left-sided valvular surgery is necessary, but contraindicated due to the patient’s medical condition;
  3. Cardiogenic embolic stroke due to atrial fibrillation, an enlarged left atrium, and at least moderate mitral regurgitation;
  4. Cardiogenic emboli which cause kidney damage with dialysis, abdominal surgery, or amputation of an extremity;
  5. Heart transplant (under limited circumstances);
  6. Ventricular tachycardia with hemodynamic compromise or ventricular fibrillation, regardless of the cause;
  7. Endocardial fibrosis;
  8. Comatose state due to valvular heart disease or valvular surgery;
  9. Death due to valvular cardiomyopathy, embolic strokes, pulmonary hypertension, or any other condition secondary to valvular heart disease or valvular surgery; and
  10. Complications, events, or conditions following a valvular surgery. See below.
For patients who already have had a valvular surgery (i.e. post-operative patients), the qualifying events/conditions are as follows:

 

  1. Cardiogenic embolic stroke due to a valvular surgery or atrial fibrillation, an enlarged left atrium, and at least moderate mitral regurgitation;
  2. Cardiogenic emboli which cause kidney damage with dialysis, abdominal surgery, or amputation of an extremity;
  3. Heart transplant (under limited circumstances);
  4. Ventricular tachycardia with hemodynamic compromise or ventricular fibrillation, regardless of the cause;
  5. Endocardial fibrosis;
  6. Comatose state due to valvular heart disease or valvular surgery;
  7. Post-operative complications or a second valvular surgery within eighteen (18) months of the first valvular surgery;
  8. An ejection fraction below 40%, six months or more post-operatively;
  9. Pulmonary hypertension (confirmed by cardiac catheterization) caused by valvular heart disease; and
  10. Death due to valvular cardiomyopathy, embolic strokes, pulmonary hypertension, or any other condition secondary to valvular heart disease or valvular surgery.

A Seventh Amendment Class Member / patient must be diagnosed and experience the above qualifying event(s) / condition(s) by the earlier of (a) December 31, 2011 or (b) 15 years from the date of last exposure to Pondimin or Redux in order to qualify for any additional compensation under the Seventh Amendment to the Fen-Phen Class Action Settlement Agreement.

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This web site is intended to provide only a very general overview of the law involved in a particular area of litigation, and it is not intended to substitute for an experienced legal opinion based upon the individual facts of your case. It is strongly recommended that anyone not currently represented by counsel who is reading this page in an effort to understand the legal implication of their fen-phen claim should immediately seek experienced legal advice with respect to the individual facts of their particular case.

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Deadline For Compensation

GENERAL WARNING for ALL Seventh Amendment Claimants (Category One or Category Two Claimants): the medical condition that qualifies you for Matrix Level III, IV or V benefits must be diagnosed and also occur by the earlier of December 31, 2011, or fifteen years from the last date of diet drug use. You can still file a claim after this deadline but the condition must occur before this deadline in order to qualify for benefits.