Drug Litigation

My firm is involved in the process of helping men and women who have taken the prescription drugs Fen-Phen (the combination of fenfluramine and phentermine), Pondimin, or Redux (dexfenfluramine). In September 1997 these drugs were removed from the market voluntarily by their manufacturers after an FDA request prompted by reports of cardiac and pulmonary abnormalities reported by their users.

If you suffer from any heart valve (aortic or mitral) regurgitation or primary pulmonary hypertension since taking these drugs, or were prescribed the drugs even though you do not have any one of these conditions, you must act quickly. You can receive the AHP Settlement Trust's Official Notice of Final Judicial Approval by calling (800) 386-2070 or by accessing the litigation web site at www.settlementdietdrugs.com. The court has set important deadlines in this litigation for the filing of certain forms with the AHP Settlement Trust. This means, in effect, that if you do not file the appropriate forms on time, you will lose many important benefits under the Fen-Phen, Redux and/or Pondimin class action settlement.

To participate in the American Home Products Global National Settlement, the first and most essential step to evaluating your physical well-being and determine whether or not you are entitled to compensation is to have an echocardiogram taken by a cardiologist. This is a more extensive test than the traditional EKG or electrocardiogram. An echocardiogram allows the cardiologist to actually watch your heart while it is beating. Even without any symptoms the test will help determine whether or not you are "FDA Positive" for heart valve regurgitation. This means that the test must demonstrate mild to severe regurgitation of the aortic valve or moderate to severe regurgitation of the mitral valve.

We recommend that everyone who has taken Fenfluramine or Dexfenfluramine for any period of time, either alone or in combination with other drug products, see a physician to have a complete medical history taken and a cardiovascular examination performed to determine if there are any signs or symptoms of possible heart or lung damage. Please be aware that, before we can represent you, investigate your claim, make a claim in the Class Action Settlement, or opt you out of the Class Action Settlement, you must have an echocardiogram or heart catheterization performed to determine if there is any evidence of significant disease of the heart valves or of primary pulmonary hypertension.

If the results of the echocardiogram or heart catheterization show you have one or more of the following:

1. Aortic Valve Regurgitation of mild or greater severity,
2. Mitral Valve Regurgitation of moderate or greater severity, or
3. Pulmonary artery pressure of 50 mmHg or greater by an echocardiogram or 25 mmHg or greater by a heart catheterization, please contact us to review your potential claim.

We are not currently intending to pursue any litigation against the prescribing doctors and/or clinics for their involvement with Fen-Phen. Any claims filed on your behalf will only be against the drug manufacturers. However, if the facts of your particular case develop differently, we will discuss the same with you prior to the filing of a claim.

We are reviewing each individual's situation on a case by case basis to determine whether a claim should be made under the Class Action Settlement for matrix level Fund B benefits for heart valve disease or whether you should opt out of the Class Action Settlement by filing your own individual claim. In certain instances, we feel opting out of the Class Action Settlement may be far more beneficial to the client than just being a member of a class action.

The United States District Court for the Eastern District of Pennsylvania has recently announced that if you correctly filed by August 1, 2002, the “Blue Form” requesting a free echocardiogram (hereinafter referred to as an echo) from the AHP Settlement Trust (or the “Pink Form” by its earlier deadline), and you did not receive your free AHP echo by January 3, 2003, you now have until July 3, 2003, to receive your free AHP echocardiogram.

You should read all letters received from the AHP Settlement Trust very carefully. Some of you have received a letter from AHP Settlement Trust stating, in order to register the Blue or Pink forms for a free AHP echo, that Question 1 and Questions 7, 8, or 9 needed to be completed, and the form signed. This letter does not say that you did not complete the form properly. It only says if you did not, that you would not qualify for a free AHP echo.

If you received a Deficiency Notice from the AHP Settlement Trust requesting additional information in order to properly register for a free AHP echo or other benefits, you should follow the instructions in their letter.

You can check the status of your Blue Form and your eligibility for a free AHP echocardiogram by calling the AHP Settlement Trust at 1-800-386-2070. You can also receive additional forms and information from the AHP Settlement Trust by calling 1-800-386-2070 or accessing their web site at www.settlementdietdrugs.com.

lf you correctly filed the Blue form on your own by August 1, 2002, requesting a free echocardiogram, the AHP Settlement Trust is currently reviewing claims and sending out letters informing how to obtain the free echo from a qualified cardiologist located in your area. They are processing the claims for the free echo as fast as they can.

If you had an echocardiogram on your own OR a free echo through the AHP Settlement Trust by January 3, 2003, you have until May 3, 2003, to mail the Blue Form and all other appropriate forms to receive Fund A “FDA positive” cash or medical services and/or to receive compensation ranging up to $1,514,700 for Fund B Matrix Level Heart Conditions you have now and/or to preserve the right to seek additional Matrix Level Benefits worth up to $1,514,700 until December 31, 2015.

If you properly filed the Blue Form requesting a free echo from the AHP Settlement Trust and did not receive your free AHP echo by January 3, 2003, July 3, 2003, is now the deadline to obtain your free AHP echo showing either FDA Positive regurgitation or mild mitral regurgitation in order to qualify for Fund A “FDA positive” cash or medical services and/or Fund B Matrix Level Benefits for heart valve disease ranging up to $1,514,700 and/or to be able to remain in the class action until December 31, 2015.

If your free AHP echo was received after January 3, 2003, and by July 3, 2003, the deadline to mail the Blue Form and all other appropriate forms to receive the above benefits is also May 3, 2003.

“FDA Positive” refers to mild, moderate, or severe regurgitation of the aortic valve and moderate or severe regurgitation of the mitral valve.

If you obtained an echo on your own OR the free AHP echo which showed only mild mitral regurgitation, you should register on your own by May 3, 2003 because, by doing so, you may qualify to remain in the class action and be able to file a matrix claim for heart valve disease worth up to $1,514,700 until December 31, 2015.

December 31, 2015, is the absolute deadline to file for Fund B Matrix Level Benefits for heart valve disease currently ranging up to $1,514,700.

If you had an echocardiogram done more than one year ago that was normal or did not show FDA Positive regurgitation or mild mitral regurgitation, you may want to seriously consider obtaining your free AHP echo prior to July 3, 2003, because a new echocardiogram may show that you may now qualify for Fund B Matrix Level Benefits for heart valve disease currently ranging up to $1,514,700.

As of July 3, 2003, all of the deadlines will have passed to receive an echocardiogram on your own or by a free AHP echocardiogram through AHP Settlement Trust. If you had a free AHP echocardiogram, you should receive a letter from AHP informing you of the results. Upon receipt of that particular AHP letter you should complete the third page which is an Echocardiogram Tape Report Request Form and return it to the Trust at the address designated in the Form in order for you to receive a free copy of the Echocardiogram videotape, physician's associated narrative report and the completed GRAY Form from your Screening Program echocardiogram.

Upon receipt of the above, please forward to our office for review to determine if you currently qualify for a Matrix-Level Benefit for a Matrix-Level condition currently worth up to $1,514,700. If your free AHP echocardiogram report indicates you have mild, moderate or severe mitral valve regurgitation or insufficiency and/or mild, moderate or severe aortic valve regurgitation or insufficiency, you may qualify for a Matrix-Level claim currently worth up to $1,514,700. You will also be able to remain in the class until December 31, 2015. You may also be able to file additional claims for more money up until December 31, 2015, if your condition should worsen in the meantime.

Please be advised - if you have cashed any checks from the Trust for “Fund A Benefits”, such as for “FDA positive” money, or matrix money, you are precluded from opting out of the settlement. Please let us review your echocardiogram test report before you cash your $3,000 - $6,000 check for “FDA positive” money to be sure that you would not be better off to opt out.

Upon receipt of an echocardiogram test report which indicates you qualify for Fund B matrix level benefits for heart valve disease worth up to $1,514,700 or opt-out benefits and a signed Attorney - Client Agreement, we will file the necessary blue, green or orange forms that are necessary to pursue any Matrix Level or opt-out benefits on your behalf if you qualify. If you are a matrix qualified client, the Fund A benefit for the “FDA positive money” will be filed with the claims office as part of the Green and Blue Forms.

We will gladly review any future echos you may have by December 31, 2015, to determine if you can qualify for any additional settlement matrix level benefits or opt-out criteria.

You are specifically advised that if you wish to make a claim under the Class Action Settlement or opt out of the Class Action Settlement and/or protect yourself from the running of the statutes of limitations in regard to Fen-Phen-related damages and claims, you should obtain an echocardiogram and secure legal counsel as soon as possible, whether it is with our firm or with another attorney.

Feel free to give me a call at 316-262-2018 if you have any questions.