Fen Phen: Lawyer

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  What is a Class Action?
  If I took Fen-Phen am I automatically a member of the Class covered by the Nationwide Class Action Settlement Agreement?
  What does “Opt-Out" mean?
  How do I Opt-Out of the class action settlement?
  What does “Initial Opt-Out" mean?
  Can I revoke my submission of the ORANGE Form #1?
  What is Intermediate Opt-Out.?
  Assuming I am eligible, how do I file an Intermediate Opt-Out?
  What is Back-End Opt-Out?
  What are the important deadlines in the Opt-Out process?
  Do I need a Phen Fen lawyer to file the Opt-Out forms?
  Why would I want to Opt-Out of the settlement?

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 Fen-Phen 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 Fen-Phen, Pondimin and/or Redux for any period of time, you are automatically a member of this Class unless you decided to “opt-out".

What does opt-out mean?
Opt-out means that you have made the decision not to take part in the class action settlement against AHP. By opting out you are eligible to pursue your own independent legal action against AHP.

How do I opt-out of the class action settlement?
There are three ways of opting out known as initial opt-out, intermediate opt-out, and back end opt-out.

What does initial opt-out mean?
The deadline for filing an initial op-out was March 30, 2000. By that date you had to file an ORANGE form #1 (also known as the initial opt-out form). If you did not file by that date, you can no longer file an initial opt-out. However, you may be eligible at the appropriate time to exercise an intermediate opt-out or back end opt-out.

Can I revoke my submission of the ORANGE form #1 (initial opt-out form)?
Yes, but only upon getting approval from AHP. American Home Products Corporation is currently consenting to requests by Class Members to revoke their Initial opt-outs. Claimants who have submitted an ORANGE form #1 and would like to revoke that election and participate in the Settlement may send their requests for revocation in writing to:

Orran L. Brown, Esquire,
Bowman and Brooke, LLP
West Tower Riverfront Plaza
Suite 1500
901 E. Byrd Street
Richmond, VA 23219-4027
Fax: 1-804-649-1762

What is intermediate opt-out?
You can exercise the intermediate op-out option under the following conditions:

1. You were not diagnosed as FDA Positive before September 30, 1999;
2. You were first diagnosed by a qualified physician as FDA Positive based on an echocardiogram (a medical procedure that uses sound waves to take a “picture" of the heart) performed after beginning use of Fen-Phen and after September 30, 1999, but on or before January 3, 2003;
3. You did not submit a PINK AIO (Accelerated Implementation Option) Form;
and
4. You have not been paid a Cash/Med Benefit as a result of the settlement.

Assuming I am eligible to file an intermediate opt-out, how do I do it?
If you qualify for and wish to exercise your right of intermediate opt-out, you must complete and sign an ORANGE form #2 and must mail the original of the signed ORANGE form #2 to the Trust and a copy of it to AHP, as instructed in the ORANGE form #2. Both mailings must be postmarked no later than May 3, 2003.

The Orange form #2 is available on the Internet at http://settlementdietdrugs.com/pdfs/Orange_Form2.pdf
 

What is back-end opt-out?
You can exercise the back-end op-out option under the following conditions:

1. You were diagnosed by a qualified physician as FDA Positive or as having mild mitral regurgitation based on an echocardiogram performed after beginning use of the diet drugs and on or before January 3, 2003;
2. You did not submit a PINK AIO form to the Trust;
3. You have first reached a Matrix-Level condition based on valvular heart disease after September 30, 1999, and have mailed to the Trust a signed BLUE form postmarked no later than May 3, 2003, or was first diagnosed as having endocardial fibrosis between September 30, 1999 and September 30, 2005; and
4. You have not claimed any Matrix-Level benefits from the Trust.

The BLUE Form is available on the Internet at http://www.settlementdietdrugs.com/pdfs/Blue_Form.pdf
 

What are the important deadlines in the opt-out process?
The first deadline is passed, That of March 30, 2000, the deadline for filing the initial opt-out ORANGE form #1.

The next important deadline was May 30, 2003. That was the deadline for filing the intermediate or back-end opt-out.
 

Do I need a Phen Fen lawyer to file the intermediate or back end opt-out forms?
No, you can file these forms yourself. There are several legal firms that offer free initial evaluations to help you determine if you have a case.
 

Why would I want to opt-out of the settlement?
The settlement with AHP is currently on appeal, and if sustained, will run until 2015. The settlement provides that in certain circumstances an individual who gets worse may be able to obtain increased payments, or even opt out of the class-action settlement and pursue private litigation. So you may want to op-out in order to achieve a settlement that is better than what you would get as part of the Nationwide Class Action Settlement Agreement.

Do I need a Phen Fen lawyer for my case?