Fen-Phen Diet DrugsUPDATE: To date there are numerous lawsuits pending around the country. Many Fen-Phen claimants are still awaiting payment from the Trust created to pay out the benefits of the Settlement Agreement with American Home Products Corporation. On August 26, 2004 the Court preliminarily approved Amendment Seven to the Settlement Agreement. Among other things, this amendment will expedite payments to Fen-Phen claimants.
The Law Group, Ltd. has represented hundreds of persons injured as a result of taking Fen-Phen products. Fen-Phen refers to the product produced when the prescription diet drugs pondimim and phentermine are combined. The drugs Fenfluramine (Pondimin), Dexfenfluramine (Redux) and Phentermine were approved by the Food and Drug Administration (FDA) to be used separately. However, combined use of these drugs was never approved. The use of Pondimin and/or Redux, regardless of whether it was given with phentermine, has been associated with causing problems with two of the four heart valves, i.e., the mitral and aortic valves. The condition caused by use of these drugs is called Valvular regurgitation, which means that the heart valves are not closing properly. This improper closing allows blood to flow through the heart in the wrong direction. Primary Pulmonary Hypertension is also an adverse effect of using Pondimin or Redux. Both of these resulting conditions can be deadly. Due to the seriousness of these adverse effects, Pondimin and Redux were removed from the market in September 1997. The Law Group, Ltd. filed the first nationwide class action lawsuit on behalf of all persons who have suffered personal injuries. In December of 1997 all federal lawsuits filed by injured persons were consolidated into a Multi-District Litigation (MDL). In August of 2000 a Nationwide Settlement was approved, in which American Home Products Corporation would provide over 4 billion dollars for benefits to those who took Pondimin or Redux. A Settlement Trust was created to pay out the settlement benefits to claimants. In most cases, to qualify for benefits under the settlement, class members were required to have an echocardiogram performed by January 3, 2003 and to register with the Trust by May 3, 2003. Some benefits, such as medication cost reimbursement, required earlier registration. Class members also had the option to opt-out of the settlement to pursue individual lawsuits. The deadline to opt-out was May 3, 2003. The Law Group, Ltd. opted 83 clients out of the Nationwide Settlement. All of these cases were successfully settled. Currently, there are numerous independent lawsuits pending around the country. There are also many class members awaiting compensation under the Settlement Trust. However, the Settlement Trust has fallen behind in reviewing claims and has claimed a shortage of funds. On August 26, 2004 the Court preliminarily approved an Amendment to the Settlement Agreement. This Amendment (Amendment Seven) allows for a potential reduction in the benefit amounts the Trust is to provide in payment to certain class members, particularly those who have marginal injuries and consume large resources that otherwise should be available to the significantly injured. It further requires members to relinquish their rights to opt-out of the Settlement. However, the Amendment mandates that an additional $1.275 billion dollars be added to the fund for payment to severely injured plaintiffs. Under the Amendment, the review process will be revitalized and the amounts the Trust is required to pay out will be expedited. AT THIS TIME THE LAW GROUP, LTD. IS NO LONGER ACCEPTING NEW FEN-PHEN CASES. 
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