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The
following FAQs about Phen Fen and the Phen Fen Settlement. These are intended to provide
information, in layman’s terms, relating to people who used the diet
drugs Pondimin®, Redux™
and Phen Fen and subsequently opted-out of
the Nationwide Class Action Phen Fen Settlement Agreement with American Home
Products (AHP). This material is not intended
to be a legal document nor is it intended to supersede the official
description of the settlement found on the web at
http://settlementdietdrugs.com regarding Phen Fen settlements
What are the heart valve abnormalities associated with the use of
Phen Fen?
Does Phen Fen cause a specific type of damage?
When
is heart valve damage serious?
How is Secondary Pulmonary Hypertension different than Primary Pulmonary
Hypertension (PPH)?
Did all users of Phen Fen experience problems with their heart valves?
What are Phen Fen Settlement Matrix Compensation benefits?
What is
a Class Action?
If I took Phen Fen for a period of time, am I automatically a member of
the Class covered by the Nationwide Class Action Settlement Agreement?
When
does the damage occur?
How do I detect if Phen Fen caused any damage to me?
How do I pay for these tests?
What kind of treatment is available if my heart has valve damage?
What
do I do about my PPH?
Can I make a claim for damages I have suffered from taking Phen Fen?
What are the heart valve abnormalities associated with the use of
Phen Fen?
Heart valve abnormalities that have appeared in some diet drug users
occur in the two valves located
on the left side of the heart. These valves
are known as the aortic valve and the mitral
valve. In some diet drug users, one or both
of the valves developed lesions that prevent the valves from closing
properly. This allows the blood to flow
backwards, creating a condition known as “regurgitation"
Does Phen Fen
cause a specific type of damage?
There are three types of injuries caused by Phen Fen. These are:
When is heart valve damage serious?
Heart valve damage, which is also called
valvulopathy, is the most common damage caused by the combination
of phentermine and
fenfluramine. In most cases, this
occurs when the heart-valves do not close properly, which causes a
leakage of blood at the valve (also known as regurgitation).
While this is not usually a serious problem, if the valves are
badly damaged by the Phen Fen, pulmonary
hypertension may result. This type of
hypertension is known as SPH or Secondary Pulmonary Hypertension.
How is Secondary
Pulmonary Hypertension different than Primary Pulmonary Hypertension (PPH)?
First, and thankfully, primary pulmonary hypertension (PPH) is a very
rare condition. Unfortunately, PPH is often
fatal. PPH is caused by Phen Fen
resulting in a narrowing or the destruction of both the small and medium
pulmonary arteries. Arteries are the parts of
the body that pump blood. Arteries provide blood supply to the heart
allowing the heart muscle to function. When
this occurs, the patient who took the Phen Fen
often experiences overwhelming shortness of breath and tiredness.
Unfortunately, many of these patients assumed that these symptoms
were a result of older age or being overweight.
If left untreated,
the destruction of these arteries can lead to heart attack, as the heart
muscle ceases to get the blood supply it requires to remain alive.
Hypertension can have many causes. When
hypertension is diagnosed, the next step is to determine its source.
If there are no other causes for the hypertension, the
hypertension is considered to be "primary"- (from the heart itself) –
and thus called primary pulmonary hypertension.
This is different than SPH, which might be caused by valve
regurgitation.
Did all users of
Fen-Phen
experience problems with their heart valves?
No, about 30% had regurgitation and the level of regurgitation varied.
The Food and Drug Administration (FDA) recognizes four levels of
damage.
1. trace or physiologic;
2. mild;
3. moderate;
4. severe.
You are considered to be “FDA Positive" if you have been diagnosed as
having mild, moderate or severe regurgitation (levels 2, 3 or 4) of the
aortic valve or moderate or severe regurgitation (levels 3 or 4) of the
mitral valve.
What are Phen Fen Settlement Matrix
Compensation benefits?
A Class Member who has been diagnosed with serious
valvular heart disease is eligible to receive Phen Fen Settlement Matrix Compensation
benefits.
There are five levels of serious valvular
heart disease for which you can be compensated.
Level I: Severe left-sided valvular heart
disease without complicating factors that are listed
in the Settlement Agreement;
Level II: Moderate to severe left-sided valvular
heart disease with signs of injury to the heart;
Level III: Left-sided valvular heart disease
requiring valve repair or replacement surgery, or conditions that are
equally severe;
Level IV: Serious complications of valvular
heart disease or valve-related
surgery such as a serious stroke;
Level V: Very serious complications of valvular
heart disease or valve-related
surgery, such as death or heart transplant.
What is a Class Action?
A class action is a lawsuit which allows a large group of people with
common legal issues to participate in a legal action together instead of
requiring individuals to bring their own separate suits.
As part of the Phen Fen settlement a
group of trustees (collectively known as the Trust) was established to
determine who is eligible for benefits.
If I took Fen-Phen
for a period of time, am I automatically a member of the Class covered
by the Nationwide Class Action Settlement Agreement?
Yes. if you took Phen Fen,
Pondimin and/or Redux
or any period of time, you are automatically a member of this Class
unless you decided to “Opt-Out".
When does the damage occur?
The time frame when damage occurs varies from patient to patient.
On the positive side, not everyone who used Phen Fen
developed SPH or PPH.
How do I detect if
Fen-Phen
caused any damage to me?
The most common way to determine if damage has occurred is through an
echocardiogram. This is frequently called an
“echo" and if it shows damage, the echo is said to be “positive."
The echo test is similar to the sort of test that a pregnant woman has
to look at a baby – called an ultrasound. It
is a painless test and does not require any incisions.
Typically, the test is done by a cardiologist, and you can
usually get such a referral from your primary physician
The echo is the best way to detect the damage caused by Phen Fen
and is considered the proper standard of care.
This means that an EKG is not adequate to determine valve damage
and should make certain that you get an echo and not simply an EKG.
How do I pay for these tests?
If you have health insurance, it will ordinarily cover the cost of the
echo. If you do not have insurance, you will
need to find assistance for having the tests performed.
In some cases, there are also organizations offering free tests.
For more information, please contact us.
What kind of
treatment is available if my heart has valve damage?
Depending on the type of damage, your doctor may prescribe different
types of treatment. For valve injuries, some
are treatable. For example, a slight valve
impairment might result simply in getting yearly echocardiograms to
ensure that the problem is not worsening.
Some doctors may also decide to place you on antibiotics before any
invasive medical procedures, to help your immune system compensate for
the reduced ability of your heart to properly circulate blood and
because of the regurgitation problem. This
might include a procedure as simple as teeth cleanings at your dental
examinations. However, if the valve damage is
severe, a doctor may decide that it is necessary to perform valve repair
or even valve replacement surgery. All of
these decisions should be made in consultation with your doctor.
What do I do about my PPH?
If you have PPH, it is possible that it can be treated
with oxygen supply or in some cases a heart-lung transplant.
There are also a number of drugs specially developed for PPH.
Again, these choices need to be reviewed with your doctor.
Can I make a claim for damages I have suffered from taking Fen-Phen?
Many people are able to pursue claims against the manufacturer of Phen Fen.
Others have also pursued claims against the physician or diet
center prescribing the Phen Fen.
The second claim is a medical malpractice claim.
The first is a product liability claim.
In a product liability claim, you need to prove that the product
was not made
safely and/or that the warnings were not
adequate. With Phen Fen,
there has already been settlement of these claims against the
manufacturers, and you may be eligible to participate in that
settlement, depending on when your damage occurred and when you learned
of it. Do not delay if you intend to make a
claim, as many states have a statute of limitations which can time bar
your claims. Furthermore, the settlement has
time frames in which certain rights can be asserted
and compensated.
While you don’t need an attorney to make these claims, it is often
helpful to have an attorney represent you in order to have someone with
experience processing these claims.
Do I qualify for a Phen Fen settlement?
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