American Home Products Corporation: Settled and/or Concluded Case

• Category Two Payment List (1.75 MB)
  CATEGORY TWO PAYMENT LIST List of Class Members who appear to be Category Two Class Members as of June 7, 2006, furnished by Wyeth Pursuant to Section VIII.B.1 of the Seventh Amendment to the Settlement Agreement 20313 33878 41822 49254 54411 60111 20412 34033 41921 49734 54528 60145 20578 34199 42507 49890 54536 60202 20719 34561 42812 50096 54551 60277 20768 34819 43414 50161 54601 60467 20784 34868 43471 50286 54627 60772 21014 34900 43521 50443 54653 61012 21089 34959 43687 51045 54817 61168 21238 35055 43711 51078 54908 61259 21394 35188 44156 51169 55244 61317 21469 35378 44313 51235 55293 62216 21477 35410 44370 51253 55442 62224 21501 35444 44396 51302 55517 62497 21824 35485 44412 51391 55624 62521 21840 35576 44461 51425 55665 62638 21915 35642 44701 51524 55715 62729 22111 35857 45054 51656 55772 62836 22145 35949 45104 51698 55798 63347 22517 35964 45153 51722 55814 73700 22525 36038 45195 51732 55889 73916 23069 36194 45211 51922 55939 74195 23697 36210 45237 51979 56119 74
  
  
• Certification Of Exemption From Medicare Procedure (1.15 MB)
  CERTIFICATION OF EXEMPTION FROM MEDICARE PROCEDURE Class Members who may be Medicare beneficiaries and who qualify for Matrix benefits arc subject to a procedure to address potential claims by Medicare to reimburse it for medical expenses paid for the Class Members. Under that procedure, the Trust will have an extension of time to issue a Final Determination on claims by such Class Members. The purpose of this Form is to provide Class Members entitled to receive Matrix Compensation Benefits, and who were 65 years or older at the time of any medical service or procedure relating to the claimant's valvular heart disease, the means to claim an exemption from such an extension of time for the Trust to issue a Final Determination. If the Class Member can truthfully certify, by completing and signing this Form and timely returning it to the AHP Settlement Trust, either (1) that Medicare has not paid for any of the Class Member's relevant medical services or procedures; or (2) that any such payments by Medicare hav
  
  
• Report And Award Of Arbitrator - Report 73 (343 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant; Claimant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2T5MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On , the AHP Settlement Trust ("Trust") issued a Final Determination in the matter of (sometimes hereinafter "Claimant''), awarding Attorneys' Fees in the amount of $ to Lawyer 2 and awarding to Lawyer 1 ("Appellant") $ in costs but nothing in fees. 2. On , Lawyer 1 filed an appeal from the decision of the Trust awarding attorneys' fees in the amount of $ to Lawyer 2, and requested that the United States District Court ( "Court") refer this matter to Arbitration. The a
  
  
• Court Approved Procedure No. 12 (84 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In Re: Diet Drugs (Phentermine/Fenfluramine/ Dexfenfluramine) Products Liability MDL NO. 1203 Litigation This Document Relates To: Sheila Brown, et CIVIL ACTION al. v. American Home Products Corporation No. 99-20593 Court Approved Procedure No. I 3- (Re-Audit of Certain Claims for Matrtx Compensation Benefits) AND NOW, in accordance with the Nationwide Class Action Settlement Agreement and the agreement of the AHP Settlement Trust, Class Counsel and Wyeth, it is hereby ORDERED as follows: 1. Incorporation of Settlement Agreement Definitions. The capitalized terms used in this Procedure shall have the same meaning as those terms have in the Settlement Agreement, as amended. Additional capitalized terms defined in this Procedure shall have the meanings given to them in this Procedure. 2. Re-Audit of Certain Claims in the Audit Process. W
  
  
• Court Approved Procedure No. 11 (186 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In Re: Diet Drugs (Phentermine/Fenfluramine/ Dexfenfluramine) Products Liability MDL NO. 1203 Litigation This Document Relates To: Sheila Brown, et CIVIL ACTION al. v. American Home Products Corporation No. 99-20593 Court Approved Procedure No. I I (Audit of Matrix Claims) AND NOW, in accordance with the Nationwide Class Action Settlement Agreement and the agreement of the AHP Settlement Trust, Class Counsel and Wyeth, it is hereby ORDERED as follows; 1. Incorporation of Settlement Agreement Definitions. The capitalized terms used in this Procedure shall have the same meaning as those terms have in the Settlement Agreement, as amended. Additional capitalized terms defined in this Procedure shall have the meanings given to them in this Procedure. 2. Applicability. This Procedure applies to all Claims for Matrix Compensation Benefits sub
  
  
• Pretrial Order No. 6100 (351 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, etal, Plaintiffs, AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDLNO. 1203 Civil Action No. 99-20593 PRETRIAL ORDER NO. felOO 3Kd£ay of Yv^DuaMJ , AND NOW, this oJ^fcay of KWXU^W _, 2005, upon consideration of the Joint Motion of Class Counsel, Wyeth, and the AHP Settlement Trust, it is hereby ORDERED that the Court-Approved Procedure relating to the audit of Matrix claims attached hereto as Exhibit A and the Court-Approved Procedure relating to the re-audit of certain Matrix claims attached hereto as Exhibit B are hereby APPROVED. BY THE COURT: ^-^ Harvey BartYeUII, J ^QdiAb g.QO-m- 20G03 I ID—DuujiiiuiI £052-1-----FiluU I2AJJ/2UUU—PagnDufOO Exhibit A JCaacrfliOO &v 20D00-I ID Duwjnw.nl £00g»£—filud lE/OWEOOS1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN
  
  
• Pretrial Order No. 6085 (469 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION This document relates to: SHEILA BROWN, et ah v. AMERICAN HOME PRODUCTS CORPORATION MDLNo. 1203 Civil Action No. 99-20593 PRETRIAL ORDER NO. feO^S" (Processing of Claims as to Certain Medicare Eligible Claimants) Upon consideration of the Joint Motion of Wyeth and Class Counsel for approval of an interim Court Approved Procedure relating to Processing of Claims of Certain Medicare Eligible Claimants, and any responses thereto it is hereby: ORDERED, ADJUDGED AND DECREED that Court Approved Procedure No. 10 is hereby adopted in the form attached to this Order. BY THE COURT: Harvey Bartle Iff, J. "VKflUA^ £Lt, tt-0& IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In Re: Diet Drugs (Phentermine/Fenfluramine/ Dexfenfluramine) Products Liability MDL NO. 1203 Litigation th
  
  
• Report And Award Of Arbitrator - Report 72 (353 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : SHEILA BROWN, ET AL. : v. AMERICAN HOME PRODUCTS CORPORATION : Appellant: : REPORT AND AWARD Arbitration No: : OF ARBITRATOR Claim No. : : FINDINGS OF FACT 1. On the AHP Settlement Trust (Trust) issued a Final Determination in the form of a Final Post-Audit Determination Letter (Final PADL) on the claim of for Matrix Compensation Benefits (Matrix Benefits) on Matrix A, denying claim for Matrix Benefits on Matrix A, but affirming that claim was payable on Matrix B. 2. On
  
  
• Report And Award Of Arbitrator - Report 71 (161 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 1. On determination that with a date of diagnosis of MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT ^he AHP Settlement Trust ("Trust") made a final qualified for Matrix Compensation Benefits on Matrix B, but denied the claim of for Matrix Compensation Benefits on Matrix A, and denied the claim of that the correct date of diagnosis was 2. On . filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of
  
  
• Pretrial Order No. 5983 (307 KB)
  FEB-10-2006 15:52 US DISTRICT COURT EDPfl P.02 Case 2:99-cv-20593-HB IN THE UPttTED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ) IN RE DIET DRUGS ) (Pfaentennine/FeBfluramiBe/DexfeBflnrainuie) ) MDL NO. 1203 PRODUCTS IJ^BIIJry LITIGATION ) ____________________________________ ) ) THIS DOCUMENT RELATES TO: ) ) SHEILA BROWN,
  
  
• Report And Award Of Arbitrator - Report 70 (168 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE /DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No.: 183.00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust (Trust) issued a Final Determination on the claim of for Matrix Compensation Benefits (Matrix Benefits), denying claim for Matrix Benefits. 2. On filed an appeal from the Final Determination to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. On the Court referred claim to Arbitration pursuant to sections Vl.C.4.(h) & (i)or VI.D.l.(f) S (g) of t
  
  
• Pretrial Order No. 5929 (221 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, ET AL. V. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO ¦sf^ j AND NOW, this «3/iJL day of January, 2006, the court having received no objections pursuant to Pretrial Order No. 5889, dated December 9, 2005, it is hereby ORDERED that the revised procedures for the Eighth Amendment Mediation Program ("Mediation Procedures"), attached hereto as Exhibit A, are approved. This Order supersedes Pretrial Order No. 5093, dated April 27, 2 0 05, approving the previous version of the Mediation Procedures. Show cause proceedings for all Matrix claims currently in the Mediation Program shall remain stayed for sixty days from the date of this Order or until the Special Master is notified of a failed mediation, whichever occurs sooner. BY THE COURT: c
  
  
• Report And Award Of Arbitrator - Report 69 (120 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. of On the AHP Settlement Trust ("Trust") denied the claim for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) orVI.D.L(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4
  
  
• Report And Award Of Arbitrator - Report 68 (121 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAM1NE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CiVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On of the AHP Settlement Trust ("Trust") denied the claim for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VLD.1 .(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On
  
  
• Report And Award Of Arbitrator - Report 67 (114 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. of On the AHP Settlement Trust ("Trust") denied the claim for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VLD.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4.
  
  
• Report And Award Of Arbitrator - Report 66 (228 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMME) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2 :15 MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") issued a Final Determination, denying the claim of ("Claimant") for Matrix Compensation Benefits. 2. On an appeal was filed on behalf of from the decision of the Trust denying Matrix A Level I Benefits, requesting that the United States District Court ("Court") refer this matter to Arbitration, The appeal was assigned docket number 3. On the claim of was referred
  
  
• Report And Award Of Arbitrator - Report 65 (146 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") issued a Final Determination, denying the claim of ("Claimant") for Matrix Compensation Benefits. 2. On an appeal was filed on behalf of from the decision of the Trust denying Matrix A Level I Benefits, requesting that the United States District Court ("Court") refer this matter to Arbitration. The appeal was assigned docket number 3. On the claim of was referred by the Court to Arbitration pursuant to VI
  
  
• Report And Award Of Arbitrator - Report 64 (154 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMTNE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2 :15 MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") issued a Final Determination, denying the claim of ("Claimant") for Matrix Compensation Benefits. 2. On an appeal was filed on behalf of from the decision of the Trust denying Matrix A Level I Benefits, requesting that the United States District Court ( "Court") refer this matter to Arbitration. The appeal was assigned docket number 3. On the claim of was referred by the Court to Arbitration
  
  
• Report And Award Of Arbitrator - Report 63 (309 KB)
  REDACTED AS TO NAME(S)ANDDATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMNE/ FENELURAMIKE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: ClaimNo.:183 00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust (Trust) issued a Final Determination on the claim of for Matrix Compensation Benefits (Matrix Benefits), denying claim for Matrix Benefits. 2. filed a timely appeal from the Final Determination to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. The Court then referred claim to Arbitration pursuant to sections VLC.4(h) & (I) or VI.D. 1 .(f) & (g) of the Nationwide Class Action Settlement Agreement with American Hom
  
  
• Report And Award Of Arbitrator - Report 62 (116 KB)
  REDACTED IN THE UNiTED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of Roberta Leahy-Watts for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to Vt.C.4(h) & (i) or VI.D.1 .(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Pro
  
  
• Report And Award Of Arbitrator - Report 61 (103 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERM1NE/ FENFLURAMiNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. of On the AHP Settlement Trust ("Trust") denied the claim for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On . the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On
  
  
• Report And Award Of Arbitrator - Report 60 (104 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMiNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. of On the AHP Settlement Trust ("Trust") denied the claim for Matrix Compensation Benefits. 2. On" ¦ filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to Vi.C.4(h) & (i) or Vi.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On
  
  
• Report And Award Of Arbitrator - Report 59 (95 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On . the AHP Settlement Trust ("Trust") denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation.
  
  
• Report And Award Of Arbitrator - Report 58 (126 KB)
  IN THE UNITED STATES DISTRICT COUUT FOR THE EASTERN DISTRICT OF PENNSYLVANIA REDACTED IN RE: DIET DRUGS (PHENTERMME / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2T5MD1203 CIVIL ACTION 99-20593 REPORT AMD AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") issued a Final Determination, denying the claim of ("Claimant") for Matrix Compensation Benefits. 2. On an appeal was filed on behalf of from the decision of the Trust denying Matrix A Level I Benefits, requesting that the United States District Court ( "Court") refer this matter to Arbitration. The appeal was assigned docket number 3. On the claim of was referred by the Court to Arbitration pursuant to VI.
  
  
• Report And Award Of Arbitrator - Report 57 (137 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DE^CFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") issued a Final Determination, denying the claim of ("Claimant") for Matrix Compensation Benefits. 2. On an appeal was filed on behalf of from the decision of the Trust denying Matrix A Level II Benefits, requesting that the United States District Court ( "Court") refer this matter to Arbitration. The appeal was assigned docket number 3. On the claim of was referred by the Court to Arbitration pu
  
  
• Report And Award Of Arbitrator - Report 56 (133 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE /DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No.: 183.00 CIVIL ACTION NO. 99-2059.3 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust (Trust) issued a Final Determination on the claim of for Matrix Compensation Benefits (Matrix Benefits), denying claim for Matrix Benefits. 2. On filed an appeal from the Final Determination to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. claim was then referred by the Court to Arbitration pursuant to sections VI.C.4(h) & (i)or VI.D.l.(f) & (g) of the Nationwide C
  
  
• Report And Award Of Arbitrator - Report 55 (156 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:15MD1203 SHEILA BROWN; ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No.: 183.00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust (Trust) issued a Final Determination on the claim of for Matrix Compensation Benefits {Matrix Benefits), denying claim for Matrix Benefits. 2. On filed an appeal from the Final Determination to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. claim was then referred by the Court to Arbitration pursuant to sections VI.C.4(h) & (i)or VI.D.l.(f) & (g) of the Nationwide Clas
  
  
• Report And Award Of Arbitrator - Report 54 (160 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:15MD1203 SHEILA BROWN; ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No.: 183.00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust (Trust) issued a Final Determination on the claim of for Matrix Compensation Benefits (Matrix Benefits), denying Skinner's claim for Matrix Benefits. 2. On filed an appeal from the Final Determination to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. claim was then referred by the Court to Arbitration pursuant to sections VI.C.4(h) & (i)or VI.D.l. (f) & (g) of the Nationwide Class Action Settlement Agreement with American Ho
  
  
• Memorandum And Pretrial Order No. 5632 (416 KB)
  SEP.15.2005 3:41PM NO.651 P.2 COPY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OP PENNSYLVANIA (\oum) IN RE: DIET DRUGS (PBENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO:______ SHEILA BROWN, et al. V. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO, 1203 FILED AUG 2 6 2005 MICHAEL E.KUNZ.CIerK By Pep. Clerk CIVIL.ACTION NO, 99-20593 MEMORANDUM AMD PRETRIAL ORDBR NO. \j7/ 3(>- Bartle, J. August &G, 2005 Before the court is the motion of the AHP Settlement Trust ("Trust") for permission to conduct new audits of certain Matrix claims. These are claims which the Trust's auditing cardiologists preliminarily approved prior to the Seventh Amendment stay but which had not been the subject of Post-Audit Determination Letters because of the intervening stay, The court approved the Nationwide Class Action Settlement Agreement ("
  
  
• Memorandum And Pretrial Order No. 5517 (304 KB)
  Case 2:99-cv-20593-HB Document 2110 Filed 07/27/2005 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 1203 MEMORANDUM AND PRETRIAL ORDER NO. CIVIL ACTION NO. 99-20593 54 \l Bartle, J. July 27, 2005 Before the court is the motion of the AHP Settlement Trust (the "Trust") "for interpretation of the Settlement Agreement regarding matrix claims that are denied because the echocardiograms of attestation contain inserted frames." (Doc. No. 2028). The Nationwide Class Action Settlement Agreement ("Settlement Agreement") in this massive litigation involving Wyeth's diet drugs Pondimin and Redux provides for certain cash benefits known as matrix benefits for class members who
  
  
• Memorandum And Pretrial Order (112 KB)
  Case 2:99-cv-20593-HB Document 2107 Filed 07/26/2005 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MDL DOCKET NO. 1203 IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, et al. : CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. Bartle, J. July 26, 2005 Before the court is the third motion of the AHP Settlement Trust (the "Trust") addressing requests of claimants for extensions of time to receive Echocardiogram Screening Program benefits under the Nationwide Class Action Settlement Agreement ("Settlement Agreement") involving Wyeth's diet drugs, Pondimin and Redux (Doc. No. 1109). Also before the court are the submissions of claimants and the Trust (Doc. No. 1488) in response to PTO No. 4040, deciding a similar moti
  
  
• Report And Award Of Arbitrator - Report 53 (480 KB)
  REDACTED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERH DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") issued a Final Post-Audit Determination, approving the claim of ("Claimant") for Matrix Compensation Benefits at Matrix A Level I, but denying her claim for Benefits at Matrix A Level m. Claimant originally asserted a claim for Benefits at Matrix A Level IV, but by letter dated (at page 3), amended her claim to seek Matrix A Level IH Benefits. 2. On an appeal was filed on behalf of from the decision of the Trust denying Matrix A Level IE Benefits, requesting that the United States District C
  
  
• Pretrial Order No. 5398 (99 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al., Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. PRETRIAL ORDER NO. MDL NO. 1203 Civil Action No. 99-20593 tf3H (Approving the Ninth Amendment to the Nationwide Class Action Settlement Agreement and Related Court-Approved Procedures) AND NOW, this |*fcfcday of July, 2005, upon consideration of the unopposed Joint Motion for Approval of the Ninth Amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation (the "Ninth Amendment") and for Entry of Related Court-Approved Procedures, it is hereby ORDERED that: 1. Incorporation of Defined Terms in the Settlement Agreement and Ninth Amendment. The capitalized terms used in this Order shall be defined as set forth in the Settlement Agreement and the Ninth Amendment. 2. Ap
  
  
• Addendum To The Amended And Final Category One Class List - Part 5 - Category One Class Members Exercising Category Two Elections (28 KB)
  Case 2:99-cv-20593-HB Document 2066 Filed 06/30/2005 Page 1 of 7 Part 5 - Category One Class Members Exercising Category Two Elections 110379 1483702 2462364 3462066 3528429 8014339 116913 1490499 2469161 3462181 3530763 8014846 118398 1496199 2472819 3462199 3532140 8015339 143842 1508001 2508752 3462215 3534955 8015674 156513 1553809 2518512 3462223 3549045 8016035 198911 1557131 2562502 3462231 3552445 8016467 201012 1581933 2566610 3462256 3556768 8017226 307553 1589548 2580389 3462371 3562410 8017601 402156 1605575 2596559 3462488 3569134 8018575 421586 1618982 2602316 3462496 3575289 8018841 425975 1621739 2614535 3462611 3576220 8018939 450924 1623651 2614675 3462686 3579489 8019110 452839 1627868 2649150 3462694 3579505 8019315 484386 1633338 2670107 3462843 3589843 8019437 520452 1637370 2793883 3462942 3591864 8020037 539460 1645084 2835981 3463015 3596913 8020039 556373 1707918 2837409 3463080 3597242 8020040 584922 1708288 2870756 3463197 3597317 8020441 587022 1711
  
  
• Addendum To The Amended And Final Category One Class List - Part 4 - Category One Class Members Exercising Valid Seventh Amendment Opt-Outs (27 KB)
  Case 2:99-cv-20593-HB Part 4 – Category Document 2066 Filed 06/30/2005 Page 1 of 6 One Class Members Exercising Valid Seventh Amendment Opt-Outs 22400 37432 53538 61184 61713 87841 88542 95067 95679 97048 98244 104562 115055 121376 131235 134742 140301 142695 146654 158055 158428 161257 163139 165779 168674 177444 185282 187427 192351 193532 196436 202846 214189 219162 226225 227116 289522 290759 292656 293381 316273 393702 396614 398982 399675 409623 412702 415034 421321 434621 437162 452029 465781 475012 481044 484477 495812 498105 500736 560169 564385 595348 599258 607202 611426 614693 618132 625202 627067 628182 640938 643981 652826 660746 695643 710848 756197 764282 795336 826232 827337 832493 836082 853457 883827 887786 888487 900225 920835 933392 938837 945402 951194 959668 960104 965178 990846 998963 1005909 1088152 1088905 1108166 1114495 1115245 1196104 1220888 1222496 1223577 1233
  
  
• Addendum To The Amended And Final Category One Class List - Part 3 - Addendum To The Supplemental Category One Class List Through June 29, 2005 (11 KB)
  Case 2:99-cv-20593-HB Document 2066 Filed 06/30/2005 Page 1 of 1 Part 3 – Addendum to the Supplemental Category One Class List Through June 29, 2005 297012 8006789 8198188 470312 8011195 8199530 598516 8011942 8205555 765172 8016716 8207673 1177948 8020192 8209999 1333095 8021113 8211129 1701887 8021177 8219334 1770130 8024785 8231552 1825561 8026577 8234092 1852359 8035609 8234113 1925288 8037514 8234130 2007060 8055147 8234532 2137156 8058138 8234533 2248300 8062844 8234689 2287126 8065629 8234942 2444263 8065773 8237460 2507135 8066347 8237590 2513117 8067477 8242246 2550572 8068043 8242251 2576015 8078413 8242254 2610996 8084586 8242308 2623098 8085196 8242525 2630069 8090780 8243593 2635068 8091223 8245086 2641678 8091609 8245157 2673028 8093364 8245543 2675072 8105798 8245597 2768067 8109012 8246876 2769958 8110461 8250747 2790533 8112203 8255458 2827236 8125378 8255609 2854941 8125480 8255707 2869154 8125595 8255936 2963510 8127186 8257490 3094562 8130487
  
  
• Addendum To The Amended And Final Category One Class List - Part 2 - The Supplemental Category One Class List As Of March 9, 2005 (32 KB)
  Case 2:99-cv-20593-HB Document 2066 Filed 06/30/2005 Page 1 of 8 Part 2 - The Supplemental Category One Class List as of March 9, 2005 21162 305102 758302 1120229 1454422 1690858 21766 306118 760264 1121318 1454776 1697077 24695 312801 761056 1122092 1455583 1700400 26302 339267 766733 1200484 1456607 1702067 39446 383455 767855 1226653 1465814 1704238 50187 393132 768085 1229244 1466044 1704568 51672 409193 772996 1232339 1470913 1708148 63404 411959 777656 1236249 1470988 1708593 79889 414326 779603 1248764 1482522 1716091 79905 416735 780205 1249796 1489541 1724574 88312 418384 781732 1251255 1492651 1724582 93138 441345 825208 1254978 1498799 1725449 95034 442103 826032 1264068 1500131 1731397 96529 452391 831297 1264233 1502111 1736941 98642 469817 834523 1264464 1522614 1738731 100081 478628 834929 1265636 1526854 1743251 104869 489286 858639 1273911 1526979 1748425 114173 497867 876342 1281989 1530344 1750397 121988 501684 884296 1284421 1543263 1750959 126805 502072 92
  
  
• Addendum To The Amended And Final Category One Class List - Part 1 - The Initial Category One Class List (290 KB)
  Case 2:99-cv-20593-HB Document 2066 Filed 06/30/2005 Page 1 of 109 Part 1 - The Initial Category One Class List 21147 100042 157883 192453 279265 413344 26997 100487 159673 192922 285478 413453 31245 100867 161927 193524 287227 414565 32193 101238 161992 193821 289777 414805 35923 101394 162834 194175 289793 415059 40121 101493 163222 196412 291013 415356 41202 102004 163451 197665 291161 416867 43166 102038 163543 198978 292342 417162 43752 102681 165258 199141 293043 417741 44107 102947 165746 201053 293308 417857 44446 105049 167114 201996 298877 419192 44867 105082 167346 202085 299206 419632 45476 105338 168385 202442 299453 420752 48934 107821 168872 202572 300434 421032 52746 108381 168932 202705 302513 422493 54007 109462 169011 202772 302976 422568 54619 109637 169367 202911 304113 423905 54635 110122 169425 204982 304162 424671 55162 110272 169706 206367 304782 425282 56028 110841 171348 206732 305201 426494 56374 111583 171371 206847 306102 427096 58016 112482 171
  
  
• Addendum To The Amended And Final Category One Class List (0.80 MB)
  Case 2:99-cv-20593-HB Document 2066 Filed 06/30/2005 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (Phentermine/ Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION This Document Relates to: SHEILA BROWN, et al, Plaintiffs, AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDL DOCKET NO. 1203 Civil Action No. 99-20593 ADDENDUM TO THE AMENDED AND FINAL CATEGORY ONE CLASS LIST Pursuant to Section XIV.D of the Seventh Amendment to the Nationwide Class Action Settlement Agreement, Class Counsel, Wyeth, the Seventh Amendment Liaison Committee, and the Seventh Amendment Fund Administrator have compiled this Addendum to the Amended and Final Category One Class List filed on March 9,2005. I. EXPLANATION OF THE ADDENDUM TO THE AMENDED AND FINAL CATEGORY ONE CLASS LIST The parties reviewed the materials received through or postmarked by November 9, 2004, (the end of the Seventh Amendment Opt-Out/Objection Period) from Class
  
  
• Pretrial Order No. 5376 (386 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO:_______ SHEILA BROWN, et al . v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 0 3 FILE JUN 2 3 7m '— —.wep- Cier!< CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. S3>"?(f> AND NOW, this 3t3/\d?jday of June, 2 005, upon consideration of the Application for Confirmation of Trustees' Interim Account and Discharge of Trustees, Trust Executive Director and Trust Officers filed by the AHP Settlement Trust ("Trust") and the Trustees and former Trustees thereof (Doc. No. 2 055), it is hereby ORDERED that: (1) The Trust shall disseminate the attached Notice of Filing of Application for Confirmation of Trustees' Interim Account and Discharge of Trustees, Trust Executive Director and Trust Officers ("Application") to all persons having registered a claim against the assets of the Trust, by
  
  
• Notice Of Filing Of Application For Confirmation Of Trustees' Interim Account And Discharge Of Certain Trustees, Trust Executive Director And Trust Officers (32 KB)
  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA INREDIET DRUGS ) MDL No. 1203 (PHENTERMINE/FENFLURAMINE/ ) DEXFENFLURAMINE) PRODUCTS ) LIABILITY LITIGATION ) ) SHEILA BROWN, et al. v. AMERICAN ) CIVIL ACTION No. 99-20593 HOME PRODUCTS CORPORATION ) ) NOTICE OF FILING OF APPLICATION FOR CONFIRMATION OF TRUSTEES’ INTERIM ACCOUNT AND DISCHARGE OF CERTAIN TRUSTEES, TRUST EXECUTIVE DIRECTOR AND TRUST OFFICERS TO: All persons who have filed claims for benefits with the AHP Settlement Trust: You are receiving this notice because of recent and pending changes in the leadership and administration of the AHP Settlement Trust (the “Trust”). These changes will not affect the processing of your claim or your right to receive any payment due to you. You are not required to take any action in response to this notice
  
  
• Pretrial Order - Discharge Of Trustees, Trust Executive Directors And Trust Officers (72 KB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al v. AMERICAN HOME PRODUCTS CORPORATION MDL No. 1203 CIVIL ACTION No. 99-20593 PRETRIAL ORDER No._______ DISCHARGE OF TRUSTEES. TRUST EXECUTIVE DIRECTOR AND TRUST OFFICERS AND NOW, this_____day of_____________, 2005, the Court finds as follows: 1. The account of the AHP Settlement Trust's finances comprehending the period from its inception through and including December 31, 2004, submitted with the within Application, is a complete and satisfactory statement of the financial position of the AHP Settlement Trust as of the end of calendar year 2004; and, 2. Mr. Joseph L. Castle II, George A. Beller, M.D., The Honorable Richard S. Cohen, the Honorable Christopher Harris, Ms. Alison Overseth, Rose-Marie Robertson, M.D., and the Honorable Dean
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers - Certificate Of Service (76 KB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDLNo. 1203 CIVIL ACTION No. 99-20593 CERTIFICATE OF SERVICE Christopher L. Soriano certifies that on the 22nd day of June, 2005, he caused a true and correct copy of the foregoing AHP Settlement Trust's Application for Confirmation of Trustees' Interim Account and Discharge of Trustees, Trust Executive Director and Trust Officers to be filed via electronic filing, and that this document was made available for viewing and downloading on the Court's ECF system. He further certifies that he served copies of this document via first class mail, postage prepaid, as follows: Counsel Richard L. Scheff, Esquire Montgomery, McCracken, Walker & Rhoads, LLP 123 South Broad Street Avenue of the Arts, 28th Floor Philadelphia, PA
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers - Exhibit E (1.28 MB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 35 EXHIBIT E Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 2 of 35 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUINTIN LAYER, and JOBY JACKSON-REE) Individually and all others similarly situated, MDL Docket No. 1203 Civil Action No. 99-20593 Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. AHP SETTLEMENT TRUST'S ANNUAL REPORT FOR THE PERIOD ENDED DECEMBER 31. 2004 The AHP Settlement Trust (the "Trust"), pursuant to various provisions of Section VIA. 10 of the Nationwide Class Action Settlement Agreement with American Home Products Corporation, dated November 18, 1999, and as subsequently amended (the "Settlement Agreement"), hereby submits its annual report to the Court as of and for the period ended December 31, 2004. The informatio
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers - Exhibit D (1.27 MB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 39 EXHIBIT D Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 2 of 39 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION MDL Docket No. 1203 Civil Action No. 99-20593 SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUINTIN LAYER, and JOBY JACKSON-REID Individually and all others similarly situated, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. AHP SETTLEMENT TRUST'S ANNUAL REPORT FOR THE PERIOD ENDED DECEMBER 31. 200.1 The AHP Settlement Trust (the "Trust"), pursuant to various provisions of Section VI.A.10 of the Nationwide Class Action Settlement Agreement with American Home Products Corporation, dated November 18, 1999, and as subsequently amended (the "Settlement Agreement"), hereby submits its annual report to the Court as of and for the period ended December 31, 2003. The informatio
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers - Exhibit C (1.17 MB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 31 EXHIBIT C Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 2 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION MDL Docket No. 120.' SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUINTIN LAYER, and JOBY JACKSON-REID Individually and all others similarly situated, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. Civil Action No. 99-20593 Fi uEO 3 1 W, Miv.rirt.-i. c. m/ ( ..oris AHP SETTLEMENT TRUST'S ANNUAL REPORT FOR THE PERIOD ENDED DECEMBER 31. 2002 The AHP Settlement Trust (the "Trust"), pursuant to various provisions of Section VI.A.10 of the Nationwide Class Action Settlement Agreement with American Home Products Corporation, dated November 18, 1999, and as subsequently amended (the "Settlement Agreement"), hereby submits its annual report to the Court as of and for th
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers - Exhibit B (1.01 MB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 31 EXHIBIT B v- r:.^'' Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 2 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ D ex fenfluramine) PRODUCTS LIABILITY LITIGATION MDL Docket No. 1203 Civil Action No. 99-2050: SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUINTIN LAYER, and JOBY JACKSON-REID Individually and all others similarly situated, Plaintiffs, .AMERICAN HOME PRODUCTS CORPORATION, Defendant. AHP SETTLEMENT TRUST'S ANNUAL REPORT FOR THE PERIOD ENDED DECEMBER 31. 2001 The AHP Settlement Trust (the "Trust"), pursuant to various provisions of Section VI.A.10 of the Nationwide Class Action Settlement Agreement with American Home Products Corporation, dated November 18, 1999, and as subsequently amended (the "Settlement Agreement"), hereby submits its annual report to the Court as of and for the period ended December
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers - Exhibit A (0.83 MB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 28 EXHIBIT A Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 2 of 28 '.¦¦¦''¦ £ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUTNTIN LAYER, and JOBY JACKSON-REID Individually and all others similarly situated, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. AHP SETTLEMENT TRUST ANNUAL REPORT FOR THE PERIOD ENDED DECEMBER 31, 2000 The AHP Settlement Trust (the "Trust"), pursuant to various provisions of Section VI. A. 1 (J of the Nationwide Class Action Settlement Agreement with American Home Products Corporation, dated Novem
  
  
• Memorandum Of Law In Support Of The Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers (0.67 MB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS ) (PHENTERMINE/FENFLURAMINE/ , MDL No. 1203 DEXFENFLURAMINE) PRODUCTS ' LIABILITY LITIGATION ) -------------------------------------------------------- ) SHEILA BROWN, et al. v. AMERICAN ) CIVIL ACTION No. 99-20593 HOME PRODUCTS CORPORATION ) ) MEMORANDUM OF LAW IN SUPPORT OF THE APPLICATION FOR CONFIRMATION OF TRUSTEES' INTERIM ACCOUNT AND DISCHARGE OF TRUSTEES. TRUST EXECUTIVE DIRECTOR AND TRUST OFFICERS I. INTRODUCTION The AHP Settlement Trust Agreement (the "Settlement Trust Agreement") governing the AHP Settlement Trust (the "Trust") became effective September 1,2000 by Order of Judge Bechtle. See In re Diet Drugs Prods. Liab. Litig.. 2000 WL 34016479 (E.D. Pa. Sept. 5, 2000). By the terms of the Settlement Trust Agreement, the Trustees are entitled t
  
  
• Application For Confirmation Of Trustees' Interim Account And Discharge Of Trustees, Trust Executive Director And Trust Officers (31 KB)
  Case 2:99-cv-20593-HB Document 2055 Filed 06/22/2005 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al v. AMERICAN HOME PRODUCTS CORPORATION MDL No. 1203 CIVIL ACTION No. 99-20593 APPLICATION FOR CONFIRMATION OF TRUSTEES' INTERIM ACCOUNT AND DISCHARGE OF TRUSTEES. TRUST EXECUTIVE DIRECTOR AND TRUST OFFICERS The AHP Settlement Trust and its present and former Trustees hereby move this Honorable Court for Confirmation of Trustees' Interim Account and Discharge of Trustees, Trust Executive Director and Trust Officers for the time period from the Trustees' appointment by the Court, pursuant to Pretrial Order Number 1159 dated February 25, 2000, up to and including December 31, 2004, relying upon the attached Memorandum of Law and exhibits thereto. I siAndrew A. Chirls OF COUNSEL: Wolf, Block, Schorr and Solis-Cohen LLP 1650 Arch Street, 22nd Floor Philadelphia, PA 1910
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures - Exhibit 6 (403 KB)
  Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 1 of 5 EXHIBIT 6 Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 2 of 5 Agreed Funding Procedure Number: 02-03 I Effective Date: June ,2005 Subject: Funding Requests for Payment of Fund A Benefits, Matrix Compensation ___________|_____________Benefits, Category Two Payments and Expenses___________ Citations are to the Nationwide Class Action Settlement Agreement, as Amended. Capitalized terms not otherwise defined in this Procedure have the meanings given them in that Agreement. 1. Scope of this Procedure. This Procedure applies to all requests for deposits by Wyeth into the Settlement Fund under ASA § III.B.4.b for the payment of Fund A benefits, under ASA § III.C.3 for the payment of Matrix Compensation Benefits and under Seventh Amendment § VIII.B.6 for the payment of Category Two Payments ("Funding Requests"), made after the Effective Date of this Pro
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures - Exhibit 5 (0.90 MB)
  Case 2:99-cv-20593-HB. Document 2016 Filed 06/06/2005 Page 1 of 21 EXHIBIT 5 Case 2:99-cv-20593-HB, Document 2016 Filed 06/06/2005 Page 2 of 21 Rules for the Audit of Fund A Claims Effective June__, 2005 Case 2:99-cv-20593-HB- Document 2016 Filed 06/06/2005 Page 3 of 21 Table of Contents Page General Provisions Rule 1. Definitions.................................................................................................................1 Rule 2. Qualifications of Auditing Cardiologist....................................................................4 Audit Process Rule 3. Claims Designated for Audit.....................................................................................4 Rule 4. Random Audit Sampling by the Trust........................................................................5 Rule 5. Notification to Claimant of Audit..............................................................................6 Rule 6. Review of Claims in Audit....
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures - Exhibit 4 (182 KB)
  Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 1 of 5 EXHIBIT 4 Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 2 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In Re: Diet Drugs (Phentermine/fenfluramine/ Dexfenflurameme) Products Liability MDL No. 1203 Litigation This Document Relates To: Sheila Brown, CIVIL ACTION et. al. v. American Home Products No. 99-20593 Corporation COURT APPROVED PROCEDURE NO. (Reporting Requirements of the AHP Settlement Trust) AND NOW, on the date set forth in the accompanying Pretrial Order No.____, in accordance with the Nationwide Class Action Settlement Agreement and the agreement of Class Counsel and Wyeth, it is hereby ORDERED as follows: 1. Reporting Requirements. The Trust is relieved of the reporting provisions of Section VLA.10 [pp. 75-84] of the Settlement Agreeme
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures - Exhibit 3 (1.80 MB)
  Case 2:99-cv-20593-HB, Document 2016 Filed 06/06/2005 Page 1 of 38 EXHIBIT 3 Case 2:99-cv-20593-HB, Document 2016 Filed 06/06/2005 Page 2 of 38 Transition Agreement This Transition Agreement ('Transition Agreement") is entered into as of May 24,2005, by and among Wyeth, a Delaware corporation ("Wyeth"), the Settlement Class as defined in the November 18,1999 Nationwide Class Action Settlement Agreement with American Home Products Corporation, as amended ("Settlement Agreement"), acting through Class Counsel ("Class Counsel"), as the representatives of the Class Members and counsel to the Settlement Class, the Seventh Amendment Liaison Committee ("SALC"), Joseph L. Castle, II, George Beller, M.D., and Rose Marie Robertson, M.D. (collectively, the "Departing Trustees"), Richard S. Cohen, Chris Harris, Alison Overseth and Dean M. Trafelet (collectively, the "Former Trustees"). ARTICLE I: RECITALS 1.01. Establishment of the Trust The Settlement Agreement and the AHP Settlement Tru
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures - Exhibit 2 (2.82 MB)
  Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 1 of 42 EXHIBIT 2 Case 2:99-cv-20593-HB, Document 2016 Filed 06/06/2005 Page 2 of 42 AMENDED AND RESTATED AHP SETTLEMENT TRUST AGREEMENT THIS AMENDED AND RESTATED AHP SETTLEMENT TRUST AGREEMENT ("Amended Trust Agreement") is entered into as of May 19,2005, by and among Wyeth, a Delaware corporation ("Wyeth"), as the trustor, Class Counsel ("Class Counsel"), as the representatives of the Class Members and counsel to the Settlement Class as defined in the November 18,1999 Nationwide Class Action Settlement Agreement with American Home Products Corporation, and the Ninth Amendment Trustee, and in which the parties declare and agree as follows: ARTICLE I: RECITALS 1.01. Settlement Agreement. On November 18,1999, Wyeth (formerly American Home Products Corporation) and Class Counsel on behalf of the Class Members entered into the Nationwide Class Action Settlement Agreement, and since such time have entered into the First th
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures - Exhibit 1 (358 KB)
  Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 1 of 9 EXHIBIT 1 Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 2 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABDLITY LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al. v. WYETH (formerly American Home Products Corporation) MDLNO.1203 CIVDL ACTION NO. 99-20593 NINTH AMENDMENT TO NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION Dated: May 18, 2005 1 Case 2:99-cv-20593-HB, Document 2016 Filed 06/06/2005 Page 3 of 9 NINTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION WHEREAS on November 18, 1999, the Parties executed the Nationwide Class Action Settlement Agreement with American Home Products Corporation (now Wyeth by corporate name change as of March 11, 2002), arising fro
  
  
• Memorandum In Support Of Joint Motion to Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement Agreement And For The Entry Of Related Court-Approved Procedures (1.62 MB)
  Case 2:99-cv-20593-HB- Document 2016 Filed 06/06/2005 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (Phentermine/ Fenfluramine/Dexfenfluramine)¥RXJD\JCTS LIABILITY LITIGATION This Document Relates to: SHEILA BROWN, et al •> *¦" ^Zt Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDL DOCKET NO. 1203 Civil Action No. 99-20593 MEMORANDUM IN SUPPORT OF JOINT MOTION TO APPROVE AND IMPLEMENT THE NINTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT AND FOR THE ENTRY OF RELATED COURT-APPROVED PROCEDURES Class Counsel and Wyeth submit this Memorandum in Support of their Joint Motion to Approve and Implement the Ninth Amendment to the Settlement Agreement and for the Entry of Related Court-Approved Procedures: (1) authorizing the Trust to follow revised reporting requirements; (2) directing the adoption of procedures for the Audit of Fund A Claims; and (3) approving an Agreed Funding Procedure regarding
  
  
• Joint Motion To Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement And For The Entry Of Related Court-Approved Procedures - Exhibit A (125 KB)
  Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 1 of 4 EXHIBIT A Case 2:99-cv-20593-HB Document 2016 Filed 06/06/2005 Page 2 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluraraine) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al., Plaintiffs, AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDL NO. 1203 Civil Action No. 99-20593 PRETRIAL ORDER NO. (Approving the Ninth Amendment to the Nationwide Class Action Settlement Agreement and Related Court-Approved Procedures) AND NOW, this___day of _ _, 2005, upon consideration of the Joint Motion for Approval of the Ninth Amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation (the "Ninth Amendment") and for Entry of Related Court-Approved Procedures, it is hereby ORDERED that the Joint Motion for Approval of the Ninth Amendment and for Entry of Related Court
  
  
• Joint Motion To Approve And Implement The Ninth Amendment To The Nationwide Class Action Settlement And For The Entry Of Related Court-Approved Procedures (0.56 MB)
  Case 2:99-cv-20593-HB- Document 2016 Filed 06/06/2005 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (Phentermine/ Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION This Document Relates to: SHEILA BROWN, etal, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDL DOCKET NO. 1203 Civil Action No. 99-20593 JOINT MOTION TO APPROVE AND IMPLEMENT THE NINTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AND FOR THE ENTRY OF RELATED COURT-APPROVED PROCEDURES Class Counsel and Wyeth respectfully move this Court for the entry of an Order in the form appended as Exhibit A: A. Approving the Ninth Amendment to the Settlement Agreement attached as Exhibit 1 to the proposed Order; B. Approving the Amended and Restated Trust Agreement attached as Exhibit 2 to the proposed Order; C. Approving the Transition Agreement attached as Exhibit 3 to the proposed Order; D. Appointing Mart
  
  
• Pretrial Order No. 5093 (440 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. S"0
  
  
• Report And Award Of Arbitrator - Report 52 (93 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) 2:15MD1203 PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. CIVIL ACTION NO. v. 99-20593 AMERICAN HOME PRODUCTS CORPORATION Appellant: Redacted REPORT AND AWARD Arbitration No.: Redacted OF ARBITRATOR Claim No.: Redacted FINDINGS OF FACT On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Benefits. On [DATE], [APPELLANT] requested that the District Court refer this matter to arbitration. [APPELLANT’S] appeal was filed with the District Court on July 23, 2001. On [DATE], [APPELLANT’S] claim was referred by the United States District Court for arbitration
  
  
• Memorandum And Pretrial Order (168 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MDL DOCKET NO. 1203 IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, et al. : CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. Bartle, J. March , 2005 The issue before the court is whether the Seventh Amendment to the Nationwide Class Action Settlement Agreement ("Settlement Agreement") involving Wyeth's1 diet drugs Pondimin and Redux is fair, adequate, and reasonable. We gave preliminary approval to the Seventh Amendment on August 26, 2004, in Pretrial Order ("PTO") No. 3880. Because it could be deemed to be an adverse change for some class members under the current Settlement Agreement approved by the court in August, 2000, notice was sent to some 620,000 class members and attorneys of cla
  
  
• Amended And Final Category One Class List - Part 3 Provisional Category One Class List (38 KB)
  Part 3 - Provisional Category One Class List 140285 3464534 8021113 8049880 8121514 8185516 149419 3491941 8021177 8052088 8122957 8185787 165019 3503422 8022439 8056061 8124580 8185830 166314 3513686 8022531 8057651 8124853 8186181 175372 3520798 8023278 8058138 8125595 8186293 176438 3541943 8023785 8059228 8127132 8186294 191197 3565363 8024268 8059326 8127186 8187390 470312 3572518 8024739 8060232 8127686 8187405 478388 3580248 8024761 8060451 8130408 8190070 586305 3619244 8024785 8060782 8136738 8190142 598516 3621901 8025097 8060826 8143158 8190151 677708 3625613 8025263 8060922 8145307 8190182 696625 3633286 8025520 8060943 8147989 8191989 968802 3633591 8026031 8060985 8149403 8193758 1101427 3645942 8026488 8061112 8150918 8195051 1191519 3654670 8026577 8062657 8154173 8203570 1237082 3656469 8026586 8062844 8154542 8206803 1565845 3668456 8027253 8063061 8155118 8207573 1659242 3675634 8027283 8063373 8159801 8207673 1852359 3676103 8027320 8064852 8160784 8208018 1925288 3678927 8027547 8065363 8
  
  
• Amended And Final Category One Class List - Part 2 Supplemental Category One Class List (54 KB)
  Part 2 - Supplemental Category One Class List 21162 305102 755504 1097054 1419696 1665447 21766 306118 758302 1107945 1421023 1668128 24695 312801 760264 1108133 1424053 1678184 26302 339267 761056 1116045 1442698 1680610 39446 383455 766733 1120211 1443431 1683242 50187 393132 767855 1120229 1443753 1685809 51672 409193 768085 1121318 1452994 1685825 63404 411959 771162 1122092 1454422 1689082 79889 414326 772996 1200484 1454776 1690858 79905 416735 777656 1226653 1455583 1697077 88312 418384 779603 1229244 1456607 1700400 93138 425975 780205 1232339 1465814 1702067 95034 441345 781732 1236249 1466044 1704238 96529 442103 787473 1248764 1470913 1704568 98642 452391 800615 1249796 1470988 1708148 100081 469817 809913 1251255 1482522 1708593 104869 478628 825208 1254978 1489541 1716091 114173 489286 826032 1264068 1492651 1724574 121988 497867 831297 1264233 1498799 1724582 126805 501684 834523 1264464 1500131 1725449 128744 502072 834929 1265636 1502111 1731397 128942 503375 858639 12739
  
  
• Amended And Final Category One Class List - Part 1 Initial Category One Class List (238 KB)
  Initial Category One Class List (based upon AHP Settlement Trust database) 21147 101238 161257 197665 293381 421032 22400 101394 161927 198911 298877 421321 26997 101493 161992 198978 299206 421586 31245 102004 162834 199141 299453 422493 32193 102038 163139 201012 300434 422568 35923 102681 163222 201053 302513 423905 37432 102947 163451 201996 302976 424671 40121 104562 163543 202085 304113 425282 41202 105049 165258 202442 304162 426494 43166 105082 165746 202572 304782 427096 43752 105338 165779 202705 305201 427658 44107 107821 167114 202772 306102 428052 44446 108381 167346 202846 307306 428417 44867 109462 168385 202911 307553 428839 45476 109637 168674 204982 308684 429639 48934 110122 168872 206367 309641 430298 52746 110272 168932 206732 310326 431429 53538 110379 169011 206847 312629 432062 54007 110841 169367 207712 316273 432443 54619 111583 169425 208769 316349 433722 54635 112482 169706 209072 317743 434621 55162 113159 171348 209462 339978 437162 56028 115055 171371 209
  
  
• Amended And Final Category One Class List (119 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MDL DOCKET NO. 1203 ________________________________________ IN RE: DIET DRUGS (Phentermine/ Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION : This Document Relates to: : __________________________________________ : : SHEILA BROWN, et al, : : Plaintiffs, : : v. : Civil Action No. 99-20593 : AMERICAN HOME PRODUCTS : CORPORATION, : : Defendant. : _________________________________________ : AMENDED AND FINAL CATEGORY ONE CLASS LIST Pursuant to Section XIV.D of the Seventh Amendment to the Nationwide Class Action Settlement Agreement, Class Counsel, Wyeth, the Seventh Amendment Liaison Committee, and the Seventh Amendment Fund Administrator have compiled the Amended and Final Category
  
  
• Pretrial Order No. 4467 (148 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et aL v. AMERICAN HOME PRODUCTS CORPORATION MDLNo. 1203 Civ. No. 99-20593 PRETRIAL ORDER NO. (Stay of Certain Trust Activity Pending Consideration of the Seventh Amendment and the Parties' Proposals for Further Changes in Trust Operations) AND NOW, this ^ day of Ja^ar^2005, it is hereby ORDERED as follows: 1. Matters Stayed by this Order. As of the date of entry of this Order, the following activities of the AHP Settlement Trust ("Trust") are STAYED, except as provided in Paragraph 2 of this Order: (a) Any Audits or any other review of any echocardiogram tapes or discs relating to any claim for benefits other than claims for Matrix Compensation Benefits; (b) All processing and payment of any claim for Additional Medical Services or Cash pursuant to Sections IV.A.1.C or IV.A.2.C of the Settlement Agreem
  
  
• Memorandum And Pretrial Order (52 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MDL DOCKET NO. 1203 IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, et al. : CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. Bartle, J. December , 2004 Before the court is the motion of the AHP Settlement Trust ("Trust") "for instruction regarding auditing cardiologists." The Trust has now reported to the court that ten auditing cardiologists have received compensation from Wyeth1 either shortly before or during the time they were auditing claims of class members who were seeking benefits from the AHP Settlement Trust. To avoid even the appearance of bias, the Trust contacted each of these auditors to request that they cease presenting Wyeth-sponsored lectures. In addition, these ten physici
  
  
• Report And Award Of Arbitrator - Report 51 (143 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA REDACTED AS TO NAME(S)ANDDATE{S) IN RE: DIET DRUGS (PHENTERMLNE / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: MDL DOCKET NO. 2:15MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of [sometimes hereinafter "Claimant"] for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI. C. 4 (h) & (I) or VI. D. 1. (f) and (g) of the Nationwide Class Action Settlement Agreement with American.Home Products Corpora
  
  
• Report And Award Of Arbitrator - Report 50 (79 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMiNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1 .(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation
  
  
• Report And Award Of Arbitrator - Report 49 (82 KB)
  AHPST 6/30/2005 3:44 PAGE 1/4 RightFax REDACTED AS TO HAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFXURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No.: 183/00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR 1. On claim of FINDINGS OF FACT the AHP Settlement Trust (Trust) denied the for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to Section VI.C.4(h) & (i}or VI.D.l. (f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Produc
  
  
• Report And Award Of Arbitrator - Report 48 (233 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: MDL DOCKET NO. 2:15MD1203 CIVIL ACTION 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of [sometimes hereinafter "Claimant"] for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI. C. 4 (h) & (I) or VI. D. 1. (f) and (g) of the Nationwide Class Action Settlement Agreement with American Home Pro
  
  
• Report And Award Of Arbitrator - Report 47 (103 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE; DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No.: 183/00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR 1. On claim of Benefits. FINDINGS OF FACT the ABP Settlement Trust (Trust) denied the for Matrix Compensation 2. On filed an appeal from the denial of benefits by the Trust to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to Section VI.C.4(h) & (i)or VI.D.l.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation (SA). 4. On cl
  
  
• Pretrial Order No. 3893 (30 KB)
  IN THE UNITED STATES DISTRICT COURT F/L£fj ^ 9 FOR THE EASTERN DISTRICT OF PENNSYLVANIA ~l Mi IN RE: DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluramine) MDL Docket No. 1203 PRODUCTS LIABILITY LITIGATION_________ This Document Relates to: SHEILA BROWN, et al., v. AMERICAN HOME Civil Action No. 99-20593 PRODUCTS CORPORATION__________________ PRETRIAL ORDER NO. 3%^ AND NOW, this 3L/wd^ day of September, 2004, it is hereby ORDERED that Pretrial Order No. 3883 is amended only in the following respect: the AHP Settlement Trust shall, within forty-five days of making its determination that a claim is a Paragraph 5(a) Claim (as defined in Pretrial Order No. 3883) furnish any expert report required by paragraph 11 of Pretrial Order No. 3883., BY THE COURT: / HARVEY BAQrLETm, J. ENTERED SB3 - 3 2004 ?.erk of coimr
  
  
• Report And Award Of Arbitrator - Report 46 (87 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.; Claim No.: 183/00 1. MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT On the AHP Settlement Trust ("Trust") denied the claim of for Matrix Compensation Benefits. 2. On _ filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4.
  
  
• Eighth Amendment Mediation Program (57 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : FENFLURAMINE/DEXFENFLURAMINE) : PRODUCTS LIABILITY LITIGATION : MDL DOCKET NO. 1203 EIGHTH AMENDMENT MEDIATION PROGRAM A. INTRODUCTION The Eighth Amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation (“Settlement Agreement”), approved by the Court in Pretrial Order (“PTO”) No. 3881, allows the Trust, Wyeth, and claimants (collectively referred to herein as “the parties”), to resolve disputed Matrix claims in the show cause process through mediation. See PTO No. 3881 (Aug. 26, 2004). This document sets forth the rules and procedures for the Mediation Program for Claims at Issue in the Show Cause Process (“Mediation Program”). B. BACKGROUND Generally, the Settlement Agreement provides for the payment of monetary benefits to claimants who are diagnosed with serious Valvular Heart Disease (“VHD”). To
  
  
• Pretrial Order No. 3883 (215 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluramine) MDL Docket No. 1203 PRODUCTS LIABILITY LITIGATION This Document Relates to: SHEILA BROWN, et al., v. AMERICAN HOME Civil Action No. 99-20593 _________PRODUCTS CORPORATION_________ PRETRIAL ORDER NO. 38ts3 (Modification of Stay Relating to Matrix Level I and II Claims) AND NOW, this &(o tik day of Jjbuu?^, 2004, upon consideration of the Motion for relief with respect to claims that are subject to Post-Audit Payable Determinations and pursuant to the Court's authority under Sections VI.C.5 and VI.E.8 of the Settlement Agreement, it is hereby ORDERED, ADJUDGED AND DECREED: 1. For purposes of this Order, the term "Pre-Stay Payable PADL" refers to a Post- Audit Determination Letter issued pursuant to Rules 12 through 17 of the Rules for the Audit of Matrix Compensation Claims approved by the Court in Pretrial Order No. 2807 ("A
  
  
• Pretrial Order No. 3882 (462 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION This Document Relates to: SHEILA BROWN, et al., v. AMERICAN HOME PRODUCTS CORPORATION MDL Docket No. 1203 Civil Action No. 99-20593 Pretrial Order No. (Resumption of the Parallel Processing Program) AND NOW, this ^t*. day of {JdUuJUKA^Z , 2004, it is hereby ORDERED, ADJUDGED and DECREED that: (1) Wyeth and Class Counsel are authorized to resume the Parallel Processing Program for High Level Claims in accordance with the Procedures described in Exhibit "A" to this Order; and (2) The Trust is authorized and directed to process High Level Claims in accordance with the terms of the Procedures appended hereto as Exhibit "A" and is further directed to cooperate with Wyeth and Class Counsel in processing and paying High Level Claims in accordance with those procedures; (3) The Court, for good cause shown, may modify t
  
  
• Pretrial Order No. 3880 (232 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermme/Fenflurarrdne/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al, Plaintiffe, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDLNO. 1203 Civil Action No. 99-20593 ^M PRETRIAL ORDER NO PRELIMINARILY APPROVING THE SEVENTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION, APPROVING THE FORM OF NOTICE, AND SCHEDULING A HEARING REGARDING THE AMENDMENT AND NOW, this j2i day of A^^ 772004, upon consideration of the Joint Motion for Preliminary Approval of the Seventh Amendment to the Nationwide Class Action Settlement Agreement with American Home Products Corporation, revised as of August 24, 2004, (the "Seventh Amendment"), and finding that the terms of the proposed Seventh Amendment appear to be the product of serious, informed, non-collusive negotiations, have no obvious deficiencies, do no
  
  
• Part II Of The Official Court Notice: Overview Of The Seventh Amendment To The Nationwide Class Action Settlement Agreement (391 KB)
  Attention Class Members, Current Opt-Outs, and Attorneys Representing Class Members or Opt-Outs in the Pondimin®/Redux™ Diet Drug Class Action Settlement This Notice Is Being Sent: • To inform you of a proposed Seventh Amendment to the Nationwide Class Action Settlement Agreement (the "Settlement Agreement") between Wyeth and the certified class of which you are a member. Wyeth was formerly known as American Home Products Corporation. The Amendment affects certain Pondimin® and/or Redux™ users and their family members. The Amendment would only come into effect if this Court approves it. • To alert you to these important dates: > Tuesday, November 9, 2004: deadline for filing written comments with this Court for or against approval of the Seventh Amendment. Tuesday, November Amendment. 2004: deadline electing participate Seventh Tuesday, January 18, 2005: date of this Court's hearing to consider whether to approve the Seventh Amendment as fair, reasonable and adequate.
  
  
• Part I Of The Official Court Notice: Overview Of The Seventh Amendment To The Nationwide Class Action Settlement Agreement (198 KB)
  A t t e n t i o n: Class Members, Current Opt-Outs, and Attorneys Representing Class Members or Opt-Outs in the Pondimin®/Redux™ Diet Drug Class Action Settlement IMPORTANT NOTICE • The Court preliminarily has approved the Seventh Amendment to the Nationwide Diet Drug Class Action Settlement Agreement. • You must decide whether you would like to be subject to the terms of the Seventh Amendment or to remain bound by the terms of the existing Settlement Agreement (as previously amended). This Notice is very important to you and concerns your legal rights. You should read this Notice carefully and discuss it with your attorney if you have legal representation. n Part I of the Official Court Notice: Overview of the Seventh Amendment to the Nationwide Class Action Settlement Agreement Table of Contents Important Deadlines ?Tuesday, November 9, 2004: deadline for filing written comments with the Court for or against approval of the Seventh Amendment. ?Tuesday, November 9, 2004: deadline for electing n
  
  
• Declaration Of Dispensing Pharmacy (16 KB)
  7TH AMENDMENT TO DIET DRUG SETTLEMENT WITH AMERICAN HOME PRODUCTS CORPORATION Declaration of Dispensing Pharmacy Use this form ONLY IF your medical records are unobtainable. This form must be completed and signed by a representative of the pharmacy that dispensed the Pondimin® and/or Redux™. I represent the pharmacy that prescribed the Pondimin® and/or Redux™ for the following patient: ______________________________________________________________________________ (Patient’s name.) _____________________________ ____________________________ (Patient’s Birth Date.) (Patient’s Social Security Number.) We dispensed the drug(s) as follows: Drug Name Approximate Start Date Approximate End Date This declaration is an official document sanctioned by the Court before which the Diet Drug Settlement is pending, and submitting it to the Fund Administrator is equivalent to filing it with a court. I declare under penalty of perjury that all o
  
  
• Declaration Of Prescribing Physician (16 KB)
  7TH AMENDMENT TO DIET DRUG SETTLEMENT WITH AMERICAN HOME PRODUCTS CORPORATION Declaration of Prescribing Physician Use this form ONLY IF your medical records are unobtainable. This form must be completed and signed by the doctor who prescribed Pondimin® and/or Redux™. I am the physician who prescribed Pondimin® and/or Redux™ for the following patient: ______________________________________________________________________ (Patient’s name.) ____________________________ ____________________________ (Patient’s Birth Date.) (Patient’s Social Security Number.) I prescribed the drug(s) as follows: Drug Name Approximate Start Date Approximate End Date This declaration is an official document sanctioned by the Court before which the Diet Drug Settlement is pending, and submitting it to the Fund Administrator is equivalent to filing it with a court. I declare under penalty of perjury that all of the inform
  
  
• Category Two Election Form (18 KB)
  CATEGORY TWO ELECTION FORM The purpose of this Form is to permit Category One Class Members to become Category Two Class Members and to receive the Matrix Election Payment of $2,000, plus the Cash/Medical Services Benefit, without further medical review or audit of their claim, provided that they have appropriately documented Diet Drug use and a diagnosis of FDA Positive regurgitation after Diet Drug use and before the close of the Screening Period to qualify for the Cash/Medical Services Benefit. INSTRUCTIONS 1. Complete this Form in its entirety. Print or type all information. 2. The Class Member and the Class Member's attorney, if the Class Member is represented, must read, sign, and date this Form. 3. Return the completed Form to: Seventh Amendment Fund Administrator, c/o Heffler, Radetich & Saitta LLP, P.O. Box 30, Philadelphia, PA 19105-0030. The Form must be postmarked no later than Wednesday, March 9, 2005, or it is not effective. 4. If the Seventh Amendment receives Final Judi
  
  
• Revocation Of A Seventh Amendment Opt-Out (13 KB)
  REVOCATION OF A SEVENTH AMENDMENT OPT-OUT INSTRUCTIONS 1. The purpose of this Form is to request to revoke a Seventh Amendment Opt-Out under the Nationwide Class Action Settlement in order to participate in the Seventh Amendment, if otherwise eligible. 2. Complete this Form in its entirety. Print or type all information. 3. The Class Member and the Class Member's attorney, if the Class Member is represented, must read, sign, and date this Form. 4. Wyeth will communicate directly with the Class Member or the Class Member's attorney in response to this Form. 5. Return the completed and signed Form to: Wyeth, c/o Amy Schwab, BrownGreer PLC, Attention: Seventh Amendment Opt-Out Revocations, P.O. Box 85006, Richmond, VA 23285-5006. IDENTIFYING INFORMATION Name of Class Member | | | | | | | | | | | | | | | | | | | | First Name MI Last Name Address of Class Member | | |
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit M Motion To Extend Stay (0.93 MB)
  Nos. 03-2025,03-2063 and 03-2072 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT IN RE DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION, MDL NO. 1203 FLEMING & ASSOCIATES, L.L.P. Appellant in No. 03-2025 JOEL ZUCKERBERG Appellants in No. 03-2063 HARITON & D'ANGELO, LLP., et al. Appellants in No. 03-2072 Appeal from the United States District Court for the Eastern District of Pennsylvania _______________________The Hon. Harvey Bartle HI_______________________ MOTION TO EXTEND STAY The above appeals relate to an order entered by the District Court approving die Sixth Amendment to the diet drug Nationwide Class Action Settlement Agreement (the "Settlement Agreement"). By this Motion, the undersigned parties - all of the parties to those appeals - hereby request an order extending the stay of these consolidated appeals that was issued by this Court on June 9, 2004. The parties to all of these appeals had previously requested a stay from this Court while a further
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit I (32 KB)
  Matters Subject to Stay in the Court of Appeals [As of 8/03/04] Item Appeal Number(s) Matter on Appeal 1. 03-2025; 03-2063; 03-2072 PTO 2778, approving the Sixth Amendment to Settlement Agreement (final stay granted until 8/8/04). 2. 02-4502; 02-4614; 02-4615; 02-4617; 03-1007 PTO 2662, approving 100 % Audit of Matrix Claims (already stayed until 7/26/04). 3. 03-3650; 03-3741 PTO 2958, denying motions to discharge Class Counsel (already stayed until 7/24/04). 4. 02-4378 PTO 2640, consolidated with 03-3740, allows the Trust to audit all claims submitted by Hariton/Napoli and all claims involving echos attested to by Crouse/Mueller (already stayed until 7/26/04). 5. 04-2584 Crouse is appealing a protective order granted on 5/24/04 in favor of the Trustees. EXHIBIT I
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit H (261 KB)
  Matters Subject to Stay in District Court [As of 8/03/04] Item Docket/ Case Number Date Filed Proceeding Subject Matter 1. 1131 5/28/04 The AHP Settlement Trust's Motion to Enforce the Stay Against Claimant Grady Weiszbrod or, in the Alternative, the AHP Settlement Trust's Motion for Leave to File its Opposition to Grady Weiszbrod's Motion to Strike Application for Order to Show Cause Matrix Benefits 2. 1122 5/20/04 Motion to Strike Application of the AHP Settlement Trust as Untimely Filed, by Grady Weiszbrod. (B-II) Matrix Benefits 3. 1111 5/10/04 Memorandum by The Law Firm of Braunberger, Boud & Draper, P.C., in opposition to Wyeth's expedited motion for entry of Court approved procedure to preserve settlement funding and to address the pervasive abuse of the Matrix Claims process, in opposition to Wyeth's motion for temporary stay of processing and payment of "non-priority" Matrix Claims to preserve available settlement funding; in opposition to Wyeth's emergency motion for a temporary stay of proc
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit G Opt-Out Form (24 KB)
  SEVENTH AMENDMENT OPT-OUT FORM If you qualify for and wish to exercise a Seventh Amendment Opt-Out under the Seventh Amendment to the Nationwide Class Action Settlement Agreement, you may use this Form. You must be a Diet Drug Recipient or an authorized Representative Claimant of a Diet Drug Recipient to exercise a Seventh Amendment Opt-Out. Executing this Seventh Amendment Opt-Out Form is not equivalent to opting-out of the Class or out of the Settlement. Use this Form only if you do not want to participate in the Seventh Amendment, and instead want to remain subject to the terms of the Settlement Agreement in effect before the Seventh Amendment. To opt out of the Seventh Amendment, complete fully all sections of this Form, sign it, date it, and mail or deliver it to Wyeth at the address shown below. Your mailing must be postmarked or delivered to Wyeth no later than Tuesday, November 9, 2004, or it will not be effective. If you wish to use this Form to exercise a Seventh Amendment Opt-Out, the Diet Drug
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit F Release And Covenant Not To Sue (318 KB)
  RELEASE AND COVENANT NOT TO SUE The Diet Drug Recipient ("DDR") or authorized Representative Claimant must complete and sign this Release Form and return it to the Fund Administrator before that Category One Class Member may receive any portion of an Individual Payment Amount from the Supplemental Class Settlement Fund. An attorney for the DDR or Representative Claimant must complete and sign the Attorney Section of this Form. CLASS MEMBER IDENTIFYING INFORMATION (An attorney may not sign this Section of this Form on behalf of a client, unless the attorney qualifies as a Representative Claimant pursuant to the Settlement Agreement) Name of DDR l_l___I___I___L J____I____I____I____1 J____1 l_l____I____I____I____I____I____I____I____I_____I_____I____I____I____1 First Name MI Last Name J____I___I___I___I___I____I___I___I___I___L J___I___I___I___I___I___I___1___I___L J___L J___I Address of DDR Street Address 1___I___I___L J____I____L J_____I____I____l_l City I_______I_______I State _J___I
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit E Category Two Election Form (18 KB)
  CATEGORY TWO ELECTION FORM The purpose of this Form is to permit Category One Class Members to become Category Two Class Members and to receive the Matrix Election Payment of $2,000, plus the Cash/Medical Services Benefit, without further medical review or audit of their claim, provided that they have appropriately documented Diet Drug use and a diagnosis of FDA Positive regurgitation after Diet Drug use and before the close of the Screening Period to qualify for the Cash/Medical Services Benefit. INSTRUCTIONS 1. Complete this Form in its entirety. Print or type all information. 2. The Class Member and the Class Member's attorney, if the Class Member is represented, must read, sign, and date this Form. 3. Return the completed Form to: Seventh Amendment Fund Administrator, c/o Heffler, Radetich & Saitta LLP, P.O. Box 30, Philadelphia, PA 19105-0030. The Form must be postmarked no later than Wednesday, March 9, 2005, or it is not effective. 4. If the Seventh Amendment receives Final Judi
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit D (99 KB)
  [Claims Facility Header] [Date] Class Member Name Address Re: ____________Payment Diet Drug Recipient: [Class Member Name] Claim Number: [DDR] Dear [Class Member Name]: You are a Category [One/Two] Class Member under the Nationwide Class Action Settlement Agreement, as amended by the Seventh Amendment, relating to the diet drugs Pondimin® and Redux™ (the "Diet Drugs"). The [Trust/Fund Administrator] has reviewed the documents you submitted and has determined at this time that you are eligible for a benefit under the Settlement Agreement in the amount provided for on the enclosed check. Capitalized terms in this letter have the meanings given them in the Settlement Agreement, as amended. As a Class Member, you are subject to all of the terms of the Settlement Agreement, regardless of whether you cash the enclosed check. As a result, you are entitled to the benefits provided to eligible Class Members under the Settlement Agreement, and are bound by all of its restrictions. You can refer to the Court
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit C (130 KB)
  SEVENTH AMENDMENT SECURITY FUND AGREEMENT THIS SEVENTH AMENDMENT SECURITY FUND AGREEMENT dated as of __________, 2004, made by Wyeth, a corporation organized under the laws of Delaware ("Wyeth""), Heffler, Radetich and Saitta, L.L.P, a Pennsylvania limited liability partnership, as Fund Administrator (together with any successor Fund Administrator, the "Fund Administrator'"), and Wilmington Trust Company, as escrow agent with respect to the Seventh Amendment Security Fund as hereinafter defined (together with any successor escrow agent, the "Security Fund Escrow Agent""), and Class Counsel, by Michael D. Fishbein. WITNESSETH: WHEREAS, pursuant to a Nationwide Class Action Settlement Agreement with Wyeth (f/k/a American Home Products Corporation), dated November 18, 1999 (as the same has been amended through the Sixth Amendment, the "Existing Settlement Agreement""), Wyeth and the Class Representatives of the Class certified in Sheila Brown, et al. v. American Home Products Corporation, Civil Action No. 9
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit B (238 KB)
  Initial Category One Class List (based upon AHP Settlement Trust database) 21147 101238 161257 197665 293381 421032 22400 101394 161927 198911 298877 421321 26997 101493 161992 198978 299206 421586 31245 102004 162834 199141 299453 422493 32193 102038 163139 201012 300434 422568 35923 102681 163222 201053 302513 423905 37432 102947 163451 201996 302976 424671 40121 104562 163543 202085 304113 425282 41202 105049 165258 202442 304162 426494 43166 105082 165746 202572 304782 427096 43752 105338 165779 202705 305201 427658 44107 107821 167114 202772 306102 428052 44446 108381 167346 202846 307306 428417 44867 109462 168385 202911 307553 428839 45476 109637 168674 204982 308684 429639 48934 110122 168872 206367 309641 430298 52746 110272 168932 206732 310326 431429 53538 110379 169011 206847 312629 432062 54007 110841 169367 207712 316273 432443 54619 111583 169425 208769 316349 433722 54635 112482 169706 209072 317743 434621 55162 113159 171348 209462 339978 437162 56028 115055 171371 209866 366344 438408 56374
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation - Exhibit A (413 KB)
  Proposed Seventh Amendment to Settlement Agreement I. Categories of Claims Covered by the Seventh Amendment. A. Category One: All Class Members with a substantially complete Green Form on file as of a fixed date, in which the unaudited responses in Part II support a claim for Matrix Level I or Matrix Level II benefits. Category One does not include: (a) Class Members who have received Matrix Compensation Benefits; (b) Class Members who have received (before a date specified in the Seventh Amendment) a Post-Audit Determination indicating eligibility for Matrix Compensation Benefits; (c) Class Members who have submitted Green Forms in which the unaudited responses in Part II support a claim for Matrix Level HI, Matrix Level IV, or Matrix Level V; and (d) Class Members who have received a final Trust determination denying Matrix Compensation Benefits. B. Category Two: All Class Members who are not in Category One but who were diagnosed as FDA Positive or Mild Mitral by the close of the
  
  
• Seventh Amendment To The Nationwide Class Action Settlement Agreement With American Home Products Corporation (4.42 MB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In Re: Diet Drugs (Phentermine/Fenfluramine/ Dexfenfluramine) Products Liability MDL NO. 1203 LITIGATION This Document Relates To: Sheila CIVIL ACTION Brown, et al. v. American Home No. 99-20593 Products Corporation SEVENTH AMENDMENT TO THE NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION Revised as of August 24, 2004 TABLE OF CONTENTS I. DEFINITIONS................................................1 A. Incorporation of Settlement Agreement Definitions and Section References ..................................1 B. Additional Defined Terms.............................1 II. Seventh Amendment........................................19 III. Class Members Subject to This Seventh Amendment ...........20 A. Categories of Class Members.........................20 B. Derivative Claim
  
  
• Report And Award Of Arbitrator - Report 45 (108 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 FINDINGS OF FACT 1. On the AHP Settlement Trust issued a tentative Determination, denying his claim for Matrix Benefits. One of the reasons given for the tentative denial was the failure of to provide adequate pharmacy or medical records actually detailing the prescription of the diet drug. There was no affidavit of a prescribing physician or pharmacist that would tend to prove drug use. In response to the tentative determination. submitted additional information. 2. On the AHP Settlement Trust ("Trust") denied the claim of the grounds that her submissions were inadequate to support her claim
  
  
• Report And Award Of Arbitrator - Report 44 (417 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNTIED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMENE / FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: Executor of the Estate of 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. departed this earth on On Executor of the Estate of , submitted a claim to the AHP Settlement Trust ("Trust"). On the Trust denied the claim of Executor of the Estate of (sometimes hereinafter "Claimant"), for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer th
  
  
• Report And Award Of Arbitrator - Report 43 (114 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2 :15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR 1. On FINDINGS OF FACT the AHP Settlement Trust denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. The claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (I) orVT.D.l.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On an Arbitration Hearing was held concerning the claim of REDACTED
  
  
• Pretrial Order (3.68 MB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et a], v. AMERICAN HOME PRODUCTS CORPORATION MDL No. 1203 CIVIL ACTION No. 99-20593 Pretrial Order No.______ (Authorizing the Trust to Proceed According to Its Operations Plan. Mandating Certain Reporting Requirements by the Trust and Suspending Deadlines and Time Periods under the Nationwide Class Action Settlement Aereement. as Amended) AND NOW, this day of _, 2003, upon representation of the AHP Settlement Trust (the "Trust") and with the concurrence of the Parties to the Nationwide Class Action Settlement Agreement with American Home Products Corporation, dated November 18, 1999, as amended (the "Settlement Agreement"), the Court makes the following findings and enters the following Order: FINDINGS OF FACT 1. The Trust has prepared and submitted an Operations Plan ("Plan") outlining the anticipated activi
  
  
• Report And Award Of Arbitrator - Report 42 (174 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA REDACTED AS TO NAME(S) AND DATE(S) IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On ' the claim of was referred by the Court to Arbitration pursuant to Sections VI. C. 4 (h) & (i) or VI. D. 1. (i) and (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On
  
  
• Report And Award Of Arbitrator - Report 41 (138 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMHE / FENFLURAMINE/DEXFEOTLXJRAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On January 8,2002, the AHP Settlement Trust ("Trust") denied the claim of Ezra Morris for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to Sections VI. C. 4(h) & (I) or VID. 1. (f) and(g) ofthe Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4.
  
  
• Report And Award Of Arbitrator - Report 40 (60 KB)
  AHPST 7/6/2005 1:35 PAGE 1/3 RightFax REDACTED AS TO tJAMECS)ANDDATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1 On the AHP Settlement Trust ('Trust") denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American
  
  
• Report And Award Of Arbitrator - Report 39 (77 KB)
  AHPST 6/30/2005 3:42 PAGE 1/4 RightFax fr IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA REDACTED AS TO NAMB(S) AND DATE(S) IN RE: DIET DRUGS (PHENTERMINB FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL V. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 1. MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT On the AHP Settlement Trust ('Trust") denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States Distnct Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1 .(f) & (g) of the Nationwide Class Action Settlemen
  
  
• Report And Award Of Arbitrator - Report 38 (137 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim NO.: 183/00 MDL DOCKET NO. 2 :15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR 1. On FINDINGS OF FACT the AHP Settlement Trust denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. The claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (I) or VT.D.l.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On an Arbitration Hearing was held conc
  
  
• Report And Award Of Arbitrator - Report 37 (24 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2 :15 MD1203 PRODUCTS LIABILITY LITIGATION : ------------------------------------------------------------ : : SHEILA BROWN, ET AL. : v. : CIVIL ACTION NO. AMERICAN HOME PRODUCTS : 99-20593 CORPORATION : : ------------------------------------------------------------ : : Appellant: REDACTED : Arbitration No.: REDACTED : REPORT AND AWARD Claim No.: REDACTED : OF ARBITRATOR : FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELL
  
  
• Report And Award Of Arbitrator - Report 36 (29 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION ------------------------------------------: SHEILA BROWN, v. AMERICAN HOME ET AL. PRODUCTS CORPORATION ------------------------------------------: Appellant: Arbitration Claim No.: No.: REDACTED REDACTED REDACTED : : : : MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], Claimant, the [APPELLANT], submitted a GREEN FORM requesting Matrix Compensation Benefits. The Estate claimed a Matrix Level A-1/Level V Benefit (GREEN FORM at 4, questions 5,6). 2. The Estate’s PINK FORM states that [APPELLANT] ingested Diet Drugs for 61 or more days. (PINK FORM at 4, question 8.) The [APPELLANT] GREEN FORM reports severe mitral regurgitation and no aortic regurgitation (GREEN FORM at 8, question 3). The report was based on an echocardiogram dated [DATE]1 which identified severe
  
  
• Memorandum And Pretrial Order No. 3382 (98 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al, AMERICAN HOME PRODUCTS CORPORATION, et al. MDL DOCKET NO. 1203 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO ¦ 33** Bartle, J. March , 2004 Before the court is the motion of the AHP Settlement Trust (the "Trust") in support of and in opposition to the requests of certain claimants for extensions of time to receive Echocardiogram Screening Program benefits under the Nationwide Class Action Settlement Agreement ("Settlement Agreement") involving Wyeth's diet drugs, Pondimin and Redux. Claimants who were unable to have Screening Program echocardiograms before the July 3, 2003 deadline were required to send a letter to the Trust or the court requesting an extension of time and explaining why a timely echocardiogram was
  
  
• Pretrial Order No. 3336 (29 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al, v. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANT: ELLIOTT PALAY MDL DOCKET NO. 120 3 FILED n 4 2004 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO- 35>5(&____ AND NOW, this H-bL. day of March, 200I, it "is hereby ORDERED that the Award of the Arbitrator Mark A. Sargent is affirmed and that claimant Elliott Palay is entitled to Matrix b, Level iv benefits and not to Matrix A benefits. After a review of the record, we conclude that the findings of the AHP Settlement Trust and the arbitrator were not clearly erroneous and that there was no error of law. BY THE COURT: ENTERED MAR - 4 2004 CLERK OF COURT
  
  
• Memorandum And Pretrial Order No. 3204 (129 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. V. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANTS: LYNN KUERTH and MARK KUERTH MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. 620 4 Bartle, J. January S? , 2004 Before the court is an appeal by class members Lynn and Mark Kuerth1 under § VI.C.4.i. and 1. of the Nationwide Class Action Settlement Agreement ("Settlement Agreement") in this diet drug litigation from the report and award of an arbitrator denying them certain benefits from the AHP Settlement Trust (the "Trust"). Under the Settlement Agreement, any class member may appeal the Trust's final determination of benefits to a single arbitrator appointed by the court. Any party may then appeal the 1. Mark Kuerth is the husband of Lynn Kuerth
  
  
• Pretrial Order No. 3194 (154 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. V. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANT: DAWN GARNER-COTTRELL MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. W AND NOW, this T'tk day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the denial of Matrix Level III benefits for class member Dawn Garner-Cottrell is AFFIRMED. BY THE COURT: ^=M ^JJUlLs. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al, V. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANT: DAWN GARNER-COTTRELL MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. a\gH'A Bartle, J.
  
  
• Memorandum And Pretrial Order No. 3193 (131 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANT: HEIDI HULL MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. %&&&, 3\°\h Bartle, J. January 7 / 2 004 Before the court is an appeal of Heidi Hull under § VI.C.4.i. and 1. of the Nationwide Class Action Settlement Agreement ("Settlement Agreement") in this diet drug litigation from the report and award of an arbitrator denying her certain benefits from the AHP Settlement Trust (the "Trust"). Under the Settlement Agreement, any class member such as Ms. Hull may appeal the Trust's final determination of benefits to a single arbitrator appointed by the court. Any party may then appeal the report and award of the arbitrator to the court whose
  
  
• Pretrial Order No. 3192 (162 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANT: PRUDENCE NICOSIA MDL DOCKET NO. 1203 CIVIL ACTION NO. 99-20593 PRETRIAL, ORDER HO. 3l^"2~ AND NOW, this ItJU. day of January, 2004, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the denial of Matrix Level III benefits for class member Prudence Nicosia is AFFIRMED. BY THE COURT: r T IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERHINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. AMERICAN HOME PRODUCTS CORPORATION, et al. CLAIMANT: PRUDENCE NICOSIA MDL DOCKIT NO. 1203 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. 3 I ^"2- Bartle, J.
  
  
• Memorandum And Pretrial Order No. 3185 (336 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SKEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 0 3 IE FIL Dfc'C 1 .-J 2003 MlCHAcLu'.Kl'NI2, Clerk Ey___________________Oep, Clerk CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. 31 ?"£"" Bartle, J. December 19 , 2003 Before the court is the motion by the AHP Settlement Trust ("Trust") for authorization to proceed in accordance with its proposed Operations Plan, which among other things calls for suspension of certain deadlines and time periods and for approval of new procedures for processing claims. Also before the court and related to the Trust's motion is the motion of certain class members to enjoin the Trust's reprioritization of audits of claims for so-called Matrix benefits. The Trust has developed
  
  
• Memorandum And Pretrial Order No. 3048 (253 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION, et al. MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. ¦Wf Bartle, J. October X , 2003 Before the court is the expedited motion of certain class members for an order directing the AHP Settlement Trust (the "Trust") to suspend the Claims Integrity Program and the medical practices questionnaire deadlines. The Trust was established in accordance with the nationwide Class Action Settlement Agreement ("Settlement Agreement") and approved by the court in Pretrial Order ("PTO") No. 1415 on August 28, 2000. Under the Settlement Agreement, the Trust receives funds deposited by Wyeth1 and has the responsibility under court oversight for investing these funds, admini
  
  
• Pretrial Order No. 3003 (37 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OP PENNSYLVANIA IN RE: DIET DRUGS {PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. 3D03 AND NOW, this ^t&_ day of September, 2003, upon review of Certain Class Members' Expedited,. "an Order Suspenai Hrng^the-^ Claims Integrity Program and the Medical Practices Questionnaires Deadline, it is hereby 0RI5EREB-Jthat^— 1. Any interested party, including the AHP Settlement Trust, shall file and serve any response to the Motion to Suspend the Claims Integrity Program before the close of Court on Friday, September 19, 2003; 2. A hearing on the merits of the Motion to Suspend the Claims Integrity Program will be held on September 4^/ 2003, at 5.I3CWJ/IU in Courtroom 16A of the United States Courthouse, 601 Market ^P*t Street, Philadelphia,' Pennsylvania; and 0
  
  
• Memorandum And Pretrial Order No. 2881 (212 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO Bartle, J. - June 3 , 2003 The AHP Settlement Trust (the "Trust") has filed a motion for renewed suspension of certain deadlines for processing claims for benefits made pursuant to the Nationwide Class Action Settlement Agreement involving the diet drugs commonly known as fen-phen. We granted a similar motion on December 3, 2002 and temporarily suspended several deadlines, all of which were reinstated on May 1, 2003. See Pretrial Order No. 2663 (Dec. 3, 2002) . We have authority to grant the relief requested for "good cause shown" pursuant to § VI.C.5 of the Settlement Agreem
  
  
• Official Court-Approved Notice Of May 3, 2003 Deadline (221 KB)
  AHP Settlement Trust Atte ntion “Fen-Phen,” Pondimin®, and/or Redux™ Users and Their Representatives and Family Members I M P O RTA N T OT I C E • If you took the diet drugs Pondimin® and/or Redux™, or • If you took the diet drug combination referred to as “Fen-Phen.” This Notice is very important to you and concerns your legal ights and your future medical care. Official Court-Approved Notice of May 3,2003 Deadline Contact Information AHP Settlement Trust P.O. Box 7939 Philadelphia, PA 19101-7939 Toll Free: (800) 386-2070 www.settlementdietdrugs.com Table of Contents A. Why This Notice is Being Sent to You .......... 2 1. General Background on the Settlement ....... 2 2. Final Judicial Approval .................... 2 3. The Purpose of This Notice ................. 2 B. What You Need to Know About the Fund A Benefits Under the Settlement ......... 3 1. The Deadline for Seeking Certain Fund A Benefits Has Passed ................ 4 2. Other Fund A Benefits Still Available ........
  
  
• Pretrial Order No. 2807 (291 KB)
  //¦.. /£¦ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURA^MINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. AND NOW, this AfeU.day.of March, 2003, after a hearing to discuss the objections to the Rules for the Audit of Matrix Compensation Claims proposed by the AHP Settlement Trust, it is hereby ORDERED that said Rules, as further revised by the Court and attached as Exhibit A, are APPROVED. BY THE COURT: /; Rules for the Audit of Matrix Compensation Claims Effective December 1,2002 exhibit a Table of Contents Page General Provisions Rule 1. Definitions .........................................................1 Rule 2. Qualifications of Auditing Cardiologist ..................................4 Audit Process Rule 3. Claims in Audit.....................................................4
  
  
• Pretrial Order No. 2806 (76 KB)
  i /J.?- IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. AND NOW, this ifettk. day of March, 2 003, after a hearing to discuss objections to the proposed Court Approved Procedure concerning Credentials of Auditing Cardiologists, it is hereby ORDERED that said Court Approved Procedure, as further revised by the Court and attached as Exhibit A, is APPROVED as Court Approved Procedure No. 5. BY THE COURT: IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUINTIN LAYER, and JOBY JACKSON-REID Individually and all others similarly situated, Plaintiffs, v. AMERICAN HOME
  
  
• Pretrial Order No. 2805 (378 KB)
  / /' / IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 PRETRIAL ORDER NO CIVIL ACTION NO. 99-20593 AND NOW, this 3lfet^day of March, 2003, after a hearing to discuss objections to the proposed Court Approved Procedure concerning Medical Records Relating to Matrix Claims, it is hereby ORDERED that said Court Approved Procedure, as further revised by the Court and attached as Exhibit A, is APPROVED as Court Approved Procedure No. 4. BY THE COURT: IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/ Dexfenfluramine) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, SHARON GADDIE, VIVIAN NAUGLE, QUINTIN LAYER, and JOBY JACKSON-REID Individually and all others similarly situated, Plaintiffs, AMERICAN HOME PRODU
  
  
• Memorandum And Pretrial Order No. 2778 (178 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. &±1X Bartle, J. March Id , 2003 Class Counsel, on behalf of the members of the class, and Wyeth (formerly American Home Products Corporation) have negotiated and jointly move for approval of the Sixth Amendment to the nationwide Class Action Settlement Agreement involving the diet drugs commonly known as fen-phen. Movants assert that the proposed Sixth Amendment would provide Class Members with valuable rights and benefits not conferred upon them by the existing Settlement Agreement, including the right to sue Wyeth in the event that the fund which supplies so-called Matrix benef
  
  
• Physician Verification And DDR Acknowledgement (158 KB)
  I. DIET DRUG RECIPIENT Name: First Middle Claim Number Date of Birth / / (Month) (Day) (Year) Last Social Security Number _____________ - __________ - ____________ II. ATTESTING PHYSICIAN REVIEW OF MEDICAL HISTORY AND RECORDS I certify that: 1. ? I am a Board-Certified Cardiologist, or Board-Certified Cardiothoracic Surgeon, with at least Level 2 training in Echocardiography as specified in A.S. Pearlman et al., Guidelines for Optimal Physician Training in Echocardiography: Recommendation of the American Society of Echocardiography Committee on Physician Training in Echocardiography, 60 Am J. Cardiology 158-163 (1987). 2. ? I completed and signed on __________________ (insert date) the GREEN Form previously submitted to the Settlement Trust by this Diet Drug Recipient. OR ? I completed and signed Part II.E of the GREEN Form attached to this Form. 3. ? I met with the Diet Drug Recipient in person in my offices (or in a hospital or other health
  
  
• Nationwide Class Action Settlement Agreement With American Home Products Corporation (As Amended) (1.06 MB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION ____________________________________ THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION ____________________________________ MDL NO. 1203 CIVIL ACTION NO. 99-20593 NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION (AS AMENDED) Dated: November 18, 1999 Amended: November 24, 1999 (First Amendment) January 10, 2000 (Second Amendment) March 24, 2000 (Third Amendment) July 20, 2000 (Fourth Amendment) November 21, 2002 (Fifth Amendment) January 10, 2003 (Sixth Amendment) TABLE OF CONTENTS PREAMBLE ....................................................................................................................... 1 I. DEFINITIONS ...........................................................................................................
  
  
• Pretrial Order No. 2683 (397 KB)
  Clb W/?/.$ THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDLNO. 1203 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. &&3 '-fX (Amended Protective Order Concerning Confidential Information of the AHP Settlement Trust) This matter comes before the Court pursuant to its continuing exclusive jurisdiction to implement the Nationwide Class Action Settlement Agreement with American Home Products Corporation (now known as Wyeth), as amended (the "Settlement Agreement"). Upon the consent of the parties and finding good cause to supersede Pretrial Order No. 2351 by entering this Order, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. Purposes of this Order. The Court enters this Order: (i) to implement Section VIII.F.l of the Settlement Agreement, which requires that any informat
  
  
• Memorandum And Pretrial Order No. 2663 (245 KB)
  12/03/02 18:52 FAX @002 IN THE UNITED STATES .DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE; DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. . v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO- 99-20593 ft MEMORANDUM AND PRETRIAL ORDER NO. <(f 3 Bartle, J. December 3 , 2002 The AMP Settlement Trust (the'"Trust") has filed a motion for emergency suspension of certain Fund A and Fund B processing deadlines. We have authority to grant the relief requested for "good cause shown" pursuant to § VI.C.4.n.5 of the court approved Class Action Settlement Agreement. It provides, "At any time, the Court may extend any time period in Section VI.c for good cause shown upon application by the Parties, Trustees, ..., after notice to AHP' and Class Counsel." Settlement Agreement § vi.C.4.n.5. Section VI.C d
  
  
• Pretrial Order No. 2662 (219 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 Mb PRETRIAL ORDER NO AND NOW, this SLGtivday of November, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the AHP Settlement Trust {the "Trust") shall audit every claim for matrix level benefits from Fund B that has not as of the date of this order been paid; and (2) before referring Fund B claims to audit in accordance with this order, the Trust shall hereinafter delete all references to the attesting cardiologist that are contained within the Green Form, the echocardiogram report and other documentation to be submitted to the auditing cardiologist. To the extent that any reference to the attesting cardiologist is contained on an echocardiogram vid
  
  
• Pretrial Order No. 2640 (1.40 MB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al, v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 1203 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO ah.^0 AND NOW, this |*ft^day of November, 2002, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the AHP Settlement Trust ("Trust") shall not pay the claims of the following class members submitted by the law firms of Hariton & D'Angelo, LLP and/or Napoli, Kaiser, Bern & Associates, LLP without prejudice to the right of said claimants to submit new echocardiograms and Green Forms signed by a certifying cardiologist other than Linda J. Crouse, M.D. or Richard L. Mueller, M.D.: James Axford; James Barone; Charline Bergman; Victor Bevilaqua; Fritz Blumenberg; Katherine Brandon; Ellen Brownstein; Lashauna Burkett; Judy Butts; Darlene Campbell; Chri
  
  
• Report And Award Of Arbitrator - Report 35 (402 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERHINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: REDACTED Arbitration No.: REDACTED Claim No. : REDACTED CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], Claimant [APPELLANT] submitted a GREEN FORM requesting Matrix Compensation Benefits. [APPELLANT] claimed a Matrix A/Level IV Benefit of $1,034,158. 2. Part II of his/her GREEN FORM was attested to by [DOCTOR A], a Board-Certified Cardiologist. GREEN FORM at 9 (attested to by [DOCTOR A] on [DATE]). In the GREEN FORM, [DOCTOR A] provided a "yes" answer to Question D(8), which asks, in pertinent part, whether the claimant has "acute myocardial infarction associated with acute mitral regurgitation." .Id. at 9. [DOCTOR A] qualified his answer, however, by placing a handwritten note next to
  
  
• Report And Award Of Arbitrator - Report 34 (89 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MDL DOCKET NO. 2 :15 MD1203 IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION ------------------------------------------------------------ : SHEILA BROWN, ET AL. : 1. : CIVIL ACTION NO. AMERICAN HOME PRODUCTS : 99-20593 CORPORATION : : ------------------------------------------------------------ Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed an appeal from the denial of benefits by the Trust, requesting that the United S
  
  
• Report And Award Of Arbitrator - Report 33 (110 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMTNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On AHP Settlement Trust ("Trust") denied the claim of for Matrix Compensation Benefits. 2. On ' Appellant appealed the determination of the Trust and requested that the United States District Court for the Eastern District of Pennsylvania ("Trial Court") refer this.matter to arbitration. 3. On the pro se claim of. was referred by the Trial Court for arbitration of the appeal from the Trust's denial of benefits. 4. On a hearing was held
  
  
• Report And Award Of Arbitrator - Report 32 (93 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : ------------------------------------ : : SHEILA BROWN, ET AL. : 5. : AMERICAN HOME PRODUCTS CORPORATION : CIVIL ACTION NO. : ------------------------------------ : 99-20593 : Appellant: REDACTED : REPORT AND AWARD Arbitration No.: REDACTED : OF ARBITRATOR Claim No.: REDACTED : FINDINGS OF FACT 1. On [DATE] the AHP Settlement Trust (“Trust”) issued a Post Audit Determination Letter approving the claim of [APPELLANT] for Matrix Compensation Benefits at Matrix A/Level II, but denying [APPELLANT’S] claim for Matrix A/Level
  
  
• Revised Fifth Amendment To Nationwide Class Action Settlement Agreement With American Home Products Corporation (334 KB)
  Sent by: LEVIN,FISHBEIN,SEDRAN & BERMAN 215 592 4663; 12/11/2002 4:00PM; #692; Page 2/13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLUftAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al. v, WYETH (formerly American Home Products Corporation) MDLNO, 1203 CIVIL ACTION NO. 9920593 REVISED FIFTH AMENDMENT TO NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION Dated: November 21, 2002 Sent by: LEVIN,FISHBEIN,SEDRAN & BERMAN 215 592 4663; 12/11/2002 4:00PM; #692; Page 3/13 To facilitate the implementation of the Parties' intentions underlying the November 18,1999 Nationwide Class Action Settlement Agreement with American Home Products Corporation, ("Settlement Agreement"), to aid in the prompt payment of benefits to Class Members who are entitled to receive them, and to clarify various matters an
  
  
• Report And Award Of Arbitrator - Report 31 (89 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MDL DOCKET NO. 2:15MD1203 IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust ("Trust") denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On [DATE], the claim of [APPELLANT] was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i) or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On [DATE], an Arbitration Hearing was held concerning the claim of [APPELLANT]. 1 ANALYSIS 1.
  
  
• Report And Award Of Arbitrator - Report 30 (84 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION ------------------------------------------------------------- SHEILA BROWN, ET AL. 5. : CIVIL ACTION NO. AMERICAN HOME PRODUCTS CORPORATION ------------------------------------------------------------- MDL DOCKET NO. 2 :15 MD1203 Appellants: Arbitration No.: Claim No.: REDACTED REDACTED REDACTED 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) issued a Final Determination on the claim of [APPELLANT] for Matrix Compensation Benefits, awarding [APPELLANT] Matrix-Level II benefits on the B-1 Matrix in the gross amount of $122,265.00. In the same Final Determination, the Trust awarded a Derivative Claim Benefit to [DERIVATIVE CLAIMANT] in the gross amount of $1,235.00. 2. On [DATE], [APPELLANT] and [DERIVATIVE CLAIMANT] filed an appeal from the F
  
  
• Pretrial Order No. 2580 (176 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO . 55S0 AND NOW, this IH^- daY °f August, 2 0 02, it is hereby ORDERED that the Rules for Review of Attorneys' Fee Petitions and Other Compromises by Representative Claimants, Minor Claimants and Other Claimants, attached as Exhibit A, are APPROVED. BY THE COURT: liwt£^ J. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDLNO. 1203 THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION CIVIL ACTION NO. 99-20593 RULES FOR REVIEW OF ATTORNEYS' FEE PETITIONS AND OTHER COMPROMISES BY REPRESENTATIVE CLAIMANTS, MINOR CLAIMANTS AND OTH
  
  
• Report And Award Of Arbitrator - Report 29 (178 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMME/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of for Matrix Benefits. 2. On requested that the District Court refer this matter to arbitration. 3. On claim was referred by the United States District Court for arbitration from the Trustees and/or claims administrator's denial of benefits to 4. On a hearing was held on arbitration claim. participated in the hearing and was represented by his counsel, 5. At the arbitration hearing, expressed the intent to meet
  
  
• Official Notice Of Final Judicial Approval (433 KB)
  AHP Settlement Trust Attention “Fen-Phen,” Pondimin®, and/or Redux™ Users and Their Representatives and Family Members * I M P O RTA N T N OT I C E • If you took the diet drugs Pondimin® and/or Redux™, or • If you took the diet drug combination referred to as “Fen-Phen.” This Notice is very important to you and will likely have an impact on your legal rights and your future medical care. You should read this Notice carefully. Official Notice of Final Judicial Approval Contact Information AHP Settlement Trust P.O. Box 7939 Philadelphia, PA 19101-7939 Toll Free: 1-800-386-2070 Table of Contents A. Why This Notice is Being Sent to You .......... 2 1. General Background on the Settlement ....... 2 2. Final Judicial Approval .................... 2 3. The Purpose of this Notice ................. 2 B. The Claimed Health Risks of the Diet Drugs ..... 3 1. General Background ...................... 3 2. How These Heart Problems Are Diagnosed . . . .4 C. What You Need to Know About the Fund A
  
  
• Report And Award Of Arbitrator - Report 28 (178 KB)
  REDACTED AS TO NAME(S)ANDDATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLUKA^INE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 1. On for Matrix Benefits. 2. On this matter to arbitration. MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT che AHP Settlement Trust ("Trust") denied the claim of requested that the United States District Court refer appeal was filed with the District Court on 3. On claim was referred by the District Court for arbitration from the Trustees and/or claims administrator's denial of benefits 4. On a hearing was held on arbitration claim. ANALYSIS FUND B MATRIX ELIGIBILITY AND QUALIFICATION 1. pharmacy records reflect that he was dispensed more than 61 (sixty-one)
  
  
• Report And Award Of Arbitrator - Report 27 (102 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / : MDL DOCKET NO. FENFLURAMNE/DEXFENFLURAMINE) : 2 :15 MD1203 PRODUCTS LIABILITY LITIGATION : ----------------------------------------------------------------- - - : : SHEILA BROWN, ET AL. : 5. : CIVIL ACTION AMERICAN HOME PRODUCTS : 99-20593 CORPORATION : : ----------------------------------------------------------------- - - : Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED REPORT AND AWARD OF ARBITRATOR : FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] (“Claimant”) for Matrix Compensation Benefits. 2. On [DATE], an appeal was filed on behalf of [APPELLANT] from the denial of benefits by the Trust, requesting that the United
  
  
• Report And Award Of Arbitrator - Report 26 (106 KB)
  FOR IN THE UNITED STATES DISTRICT COURT THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET 2:15MD1203 NO. SHEILA BROWN 5. AMERICAN HOME , ET AL. PRODUCTS CORPORATION Appellants: REDACTED Arbitration No: REDACTED Claim No.: REDACTED CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE] the AHP Settlement Trust (Trust) issued a Final Determination on the claim of [APPELLANT A] for Matrix Compensation Benefits, awarding a Matrix B-1/Level II award to [APPELLANT A] in the total amount of $85,383.00. In that same Final Determination the Trust denied the claim of [APPELLANT B] for a Derivative Claim Benefit. 2. On [DATE] [APPELLANTS] filed an appeal from the Final Determination to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. On [DATE] the claim of the [APPELLANTS] was referred by the Court to Arbitration pursuant to sec
  
  
• Report And Award Of Arbitrator - Report 25 (26 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : : ------------------------------------ : : : SHEILA BROWN, ET AL. : v. : AMERICAN HOME PRODUCTS CORPORATION : CIVIL ACTION NO. : : ------------------------------------ : 99-20593 : : Appellant: REDACTED : REPORT AND AWARD Arbitration No.: REDACTED : OF ARBITRATOR Claim No.: REDACTED : : : FINDINGS OF FACT 1. [DATE], the AHP Settlement Trust tentatively denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed a supplemental claim based upon a second Echocardiogram performed during, and as part of, the AHP screening program. 3. On [DATE], the AHP Settlement Trus
  
  
• Report And Award Of Arbitrator - Report 24 (28 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / : MDL DOCKET NO. FENFLURAMNE/DEXFENFLURAMINE) : 2 :15 MD1203 PRODUCTS LIABILITY LITIGATION : ------------------------------------------------------------ : : SHEILA BROWN, ET AL. : v. : CIVIL ACTION AMERICAN HOME PRODUCTS : 99-20593 CORPORATION : : ------------------------------------------------------------ : : Appellant: [REDACTED] : Arbitration Nos.: [REDACTED] : REPORT AND AWARD Claim No.: 183/00 [REDACTED] : OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) de
  
  
• Report And Award Of Arbitrator - Report 23 (88 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / : MDL DOCKET NO. FENFLURAMNE/DEXFENFLURAMINE) : 2 :15 MD1203 PRODUCTS LIABILITY LITIGATION : ----------------------------------------------------------------- - - - : : SHEILA BROWN, ET AL. : 5. : CIVIL ACTION AMERICAN HOME PRODUCTS : 99-20593 CORPORATION : : ----------------------------------------------------------------- - - : Appellant: REDACTED Arbitration Nos.: REDACTED Claim No.: REDACTED REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) issued an Amended Final Determination of Benefits to [APPELLANT], awarding him/her Matrix-Level III Benefits on the B-1 Matrix. 2. On [DATE], [APPELLANT] filed an appeal from the Determination of Benefits by the Trust, requesting that th
  
  
• Pretrial Order No. 2457 (65 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL Docket No. 1203 PRETRIAL ORDER NO. 2457 AND NOW, this 31st day of May, 2002, the court having received no objections to the Policies and Procedures for Audit and Disposition of Matrix Compensation Claims in Audit (“Audit Procedures”), it is hereby ORDERED that said Audit Procedures, attached as Exhibit A, are approved. BY THE COURT: /s/ Harvey Bartle, III Filed: Entered June 3, 2002
  
  
• Report And Award Of Arbitrator - Report 22 (178 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS {PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: [REDACTED] Arbitration No.: [REDACTED] Claim No.: 183/00 [REDACTED! MDL DOCKET NO 2:15MD1203 CIVIL ACTION NO 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust ("Trust") denied the claim of [REDACTED] for Matrix Compensation Benefits. 2. On [DATE], [REDACTED] filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On [DATE], the claim of [REDACTED] was referred by the Court to Arbitration pursuant to VI.C.4(h) & (I) or VI.D.l.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On [DATE], an Arbitration Hearing was held con
  
  
• Report And Award Of Arbitrator - Report 21 (22 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : : ------------------------------------ : : : SHEILA BROWN, ET AL. : v. : AMERICAN HOME PRODUCTS CORPORATION : CIVIL ACTION NO. : : ------------------------------------ : 99-20593 : : Appellant: REDACTED : REPORT AND AWARD Arbitration No: REDACTED : OF ARBITRATOR Claim No: REDACTED : : : FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court (“Court”) refer this matter to Arbi
  
  
• Report And Award Of Arbitrator - Report 20 (70 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust ("Trust") denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On [DATE], the claim of [APPELLANT] was referred by the Court to Arbitration pursuant to VI.C.4(h) & (I) or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On Thursday, [DATE], an Arbitration Hearing was held concerning the clai
  
  
• Report And Award Of Arbitrator - Report 19 (100 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET 2:15MD1203 NO. SHEILA BROWN, ET AL. v. HOME PRODUCTS CORPORATION AMERICAN CIVIL ACTION NO. 99-20593 Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Benefits. 2. On [DATE], [APPELLANT] requested that the United States District Court refer this matter to arbitration. [APPELLANT’S] appeal was filed with the District Court on [DATE]. 3. On [DATE], [APPELLANT’S] claim was referred by the District Court for arbitration from the Trustees and/or claims administrator’s denial of benefits to [APPELLANT]. 4. On [DATE], a hearing was held on [APPELLANT’S] arbitration claim. ANALYSIS 5. [APPELLANT’S] pharmacy records reflect that he/she was dispensed more than 61 (sixty-one
  
  
• Report And Award Of Arbitrator - Report 18 (92 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 2:15MD12 03 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No: Claim No: 183/00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court {"Court") refer this matter to Arbitration 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (I) or VI.D.l.(f) & (g) of the Nationwide Class A
  
  
• Report And Award Of Arbitrator - Report 17 (104 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION SHEILA BROWN, ETAL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On the AHP Settlement Trust ("Trust") denied the claim of •*¦ for Matrix Compensation Benefits. 2. On filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court ("Court") refer this matter to Arbitration. 3. On the claim of was referred by the Court to Arbitration pursuant to VI.C.4(h) & (I) or Vl.D.1 .(f) & (g) of the Nationwide Class Action
  
  
• Report And Award Of Arbitrator - Report 16 (24 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : : ------------------------------------ : : : SHEILA BROWN, ET AL. : v. : AMERICAN HOME PRODUCTS CORPORATION : CIVIL ACTION NO. : : ------------------------------------ : 99-20593 : : Appellants: REDACTED : REPORT AND AWARD Arbitration No: REDACTED : OF ARBITRATOR Claim No: REDACTED : : : FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANTS] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANTS] filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court (“Court”) refer this matter to Arbitration. 3. On
  
  
• Report And Award Of Arbitrator - Report 15 (90 KB)
  REDACTED AS TO NAME(S) AND DATE(S) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE /DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO 2:X5MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: Arbitration No.: Claim No.: 183/00 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR 1. On the claim of Benefits. FINDINGS OF FACT . the AHP Settlement Trust (Trust) denied for Matrix Compensation 2. On ...,-.. - filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court (Court) refer this matter to Arbitration. 3. On . the claim of was referred by the Court to Arbitration pursuant to VI-C. 4 (h) & (i) or VI. D. 1. (f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation (SA). 4. On the claim of an
  
  
• Report And Award Of Arbitrator - Report 14 (110 KB)
  FOR IN THE UNITED STATES DISTRICT COURT THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET 2:15MD1203 NO. SHEILA BROWN, ET AL. AMERICAN HOME PRODUCTS CORPORATION Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT . On [DATE] the AHP Settlement Trust (Trust) denied the claim of [APPELLANT] for Matrix Compensation Benefits. . On [DATE] [APPELLANT] filed an appeal from the denial of benefits by the Trust, requesting that the United States District Court (Court) refer this matter to Arbitration. . On [DATE] the claim of [APPELLANT] was referred by the Court to Arbitration pursuant to VI.C.4(h) & (i)or VI.D.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation (SA). . On [DATE] an Arbitration Hearing was held concerning the claim of [APPELLANT]. 5. [APPELLANT’S] GREEN FORM,
  
  
• Report And Award Of Arbitrator - Report 13 (12 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / : MDL DOCKET NO. FENFLURAMNE/DEXFENFLURAMINE) : 2 :15 MD1203 PRODUCTS LIABILITY LITIGATION : -------------------------------------------------------------- : : SHEILA BROWN, ET AL. : v. : CIVIL ACTION AMERICAN HOME PRODUCTS : 99-20593 CORPORATION : : -------------------------------------------------------------- : : Appellant: REDACTED : Arbitration No.: REDACTED : REPORT AND AWARD Claim No.: REDACTED :
  
  
• Report And Award Of Arbitrator - Report 12 (10 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION : SHEILA v. BROWN, ET AL. AMERICAN HOME PRODUCTS CORPORATION Appellant: REDACTED Arbitration No: REDACTED Claim No.: REDACTED MDL DOCKET NO. : 2:15MD1203 : CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE] the AHP Settlement Trust (Trust) denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE] [APPELLANT] filed an appeal from the denial of benefits by the Trust to this Court requesting that the United States District Court (Court) refer this matter to Arbitration. 3. On [DATE] the claim of [APPELLANT] was referred by the Court to Arbitration pursuant to VI.c.4.(h) & (i) or VI.b.1.(f) & (g) of the Nationwide Class Action Settlement Agreement with American Home Products Corporation. 4. On [DATE] an Arbitration Hearing was held on the claim of [APPELLANT
  
  
• Report And Award Of Arbitrator - Report 11 (11 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : : SHEILA BROWN, ET AL. : CIVIL ACTION NO. : v. : 99-20593 : AMERICAN HOME PRODUCTS : CORPORATION : : Appellant: REDACTED : REPORT AND AWARD Arbitration No.: REDACTED : OF ARBITRATOR Claim No.: REDACTED : FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust ("Trust") denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed an appeal from the denial of benefits by the Trust, requesting that the United
  
  
• Report And Award Of Arbitrator - Report 10 (17 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION CIVIL ACTION NO. 99-20593 Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Benefits. 2. On [DATE], [APPELLANT] requested that the District Court refer this matter to arbitration. 3. On [DATE], [APPELLANT’S] claim was referred by the United States District Court for arbitration from the Trustees and/or claims administrator’s denial of benefits to [APPELLANT]. 4. On [DATE], a hearing was held on [APPELLANT’S] arbitration claim. [APPELLANT] participated in the hearing and was represented by his/her counsel, REDACTED . ANALYSIS 1. [APPELLANT’S] pharmacy records reflect that he/she was dispe
  
  
• Report And Award Of Arbitrator - Report 9 (10 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : ------------------------------------------------------------------------- : : CIVIL ACTION NO. SHEILA BROWN, ET AL. : v. : 99-20593 AMERICAN HOME PRODUCTS CORPORATION : : ----------------------------------------------------------------------- : : Appellant: REDACTED : REPORT AND AWARD OF Arbitration No: REDACTED : ARBITRATOR Claim No: REDACTED : FINDINGS OF FACT 1. On [DATE], the Trustees of American Home Products Corporations de
  
  
• Report And Award Of Arbitrator - Report 8 (10 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : FENFLURAMINE/DEXFENFLURAMINE) : PRODUCTS LIABILITY LITIGATION : SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION Appellant: REDACTED : Arbitration No. REDACTED : Claim No.: REDACTED : MDL DOCKET NO. 2:15MD1203 CIVIL ACTION NO. 99-20593 REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the Trustees of American Home Products Corporation denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] requested that the District Court refer this matter to arbitration. 3. On [DATE], the claim of [APPELLANT] was referred by the United States District Court to arbitration from the Trustees’ denial of benefits to [APPELLANT]. 4. On [DATE], an Arbitration hearing was held on the claim o
  
  
• Pretrial Order No. 2383 Procedures For Resolving Motions To Enforce Paragraph 7 Of Pretrial Order No 1415 Against Class Members Who Assert Claims Allegedly Based On PPH (383 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (Phentermine/Fenfluramine/Dexfenfluramine) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, SHARON GADDIE, JOSE GADDIE, VIVIAN NAUGLE, QUENTIN LAYER, JOAN S. LAYER, JOBY JACKSON-REID and HARVEY E. REID, Individually and all others similarly situated, Plaintiffs, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant. MDLNO. 1203 CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. PROCEDURES FOR RESOLVING MOTIONS TO ENFORCE PARAGRAPH 7 OF PRETRIAL ORDER NO 1415 AGAINST CLASS MEMBERS WHO ASSERT CLAIMS ALLEGEDLY BASED ON PPH RECITALS A. On August 28, 2000, the Honorable Louis C. Bechtle entered Pretrial Order No. 1415 ("PTO 1415"), which certified this action as a class action and approved the Nationwide Class Action Settlement Agreement (the "Settlement Agreement"). In approving the Settlement Agreement, Judge Bechtle determined that it was a fair, reasonable and adequate resolution of al
  
  
• Report And Award Of Arbitrator - Report 7 (9 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : ------------------------------------------------------------------------- : : CIVIL ACTION NO. SHEILA BROWN, ET AL. : v. : 99-20593 AMERICAN HOME PRODUCTS CORPORATION : : ----------------------------------------------------------------------- : : Appellant: REDACTED : REPORT AND AWARD OF Arbitration No: REDACTED : ARBITRATOR Claim No: REDACTED : FINDINGS OF FACT 1. On [DATE], the Trustees of American Home Products Corporations denied the cl
  
  
• Report And Award Of Arbitrator - Report 6 (7 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE / FENFLURAMNE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION -------------------------------------------------------------- SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION -------------------------------------------------------------- MDL DOCKET NO. 2 :15MD1203 CIVIL ACTION 99-20593 : Appellant: Arbitration No.: Claim No.: REDACTED REDACTED REDACTED REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the Trustees of American Home Products Corporation denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE], [APPELLANT] filed a notice of appeal to the District Court from the Trustees’ denial of benefits. 3. On [DATE], the United States District Court for the Eastern District of Pennsylvania referred for arbitration the appeal of [APPELLANT] from the Trustees’ denial of benefits. 4. On [DATE], a hearing was held on the arbi
  
  
• Report And Award Of Arbitrator - Report 5 (14 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION CIVIL ACTION NO. 99-20593 Appellant: [REDACTED] Arbitration No.: [REDACTED] Claim No.: [REDACTED] REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Benefits. 2. On [DATE], [APPELLANT] requested that the District Court refer this matter to arbitration. 3. On [DATE], [APPELLANT]’s claim was referred by the United States District Court for arbitration from the Trustees and/or claims administrator’s denial of benefits to [APPELLANT]. 4. On [DATE], a hearing was held on [APPELLANT]’s arbitration claim. ANALYSIS 1. [APPELLANT]’s pharmacy records reflect that she was dispensed more than 61 (sixty-one) days’ worth of Pondimin and
  
  
• Policies And Procedures For Audit And Disposition Of Matrix Compensation Claims In Audit (208 KB)
  POLICIES AND PROCEDURES FOR AUDIT AND DISPOSITION OF MATRIX COMPENSATION CLAIMS IN AUDIT Table of Contents Page I. Purpose and Scope ................................................................................................... 1 II. Definitions ................................................................................................................ 1 III. The Audit Process .................................................................................................... 3 IV. Post-Audit Determination ........................................................................................ 6 V. Commencement of Show Cause Proceedings .......................................................... 8 VI. Show Cause Process ................................................................................................ 9 VII. Miscellaneous ........................................................................................................ 15 i
  
  
• Report And Award Of Arbitrator - Report 4 (9 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : -------------------------------------------------------------------------- : : CIVIL ACTION NO. SHEILA BROWN, ET AL. : v. : 99-20593 AMERICAN HOME PRODUCTS CORPORATION : : ----------------------------------------------------------------------- : : Appellant: REDACTED : REPORT AND AWARD OF Arbitration No: REDACTED : ARBITRATOR Claim No: REDACTED : FINDINGS OF FACT 1. On [DATE] the Trustees of American Home Products Corporations denied the claim of [APPELLANT] for M
  
  
• Report And Award Of Arbitrator - Report 3 (10 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : : --------------------------------------------------------------------- : : CIVIL ACTION NO. SHEILA BROWN, ET AL. : v. : 99-20593 AMERICAN HOME PRODUCTS CORPORATION : : --------------------------------------------------------------------- : : Appellant: REDACTED : REPORT AND AWARD OF Arbitration No: REDACTED : ARBITRATOR Claim No: REDACTED : FINDINGS OF FACT 1. On [DATE] the Trustees of American Home Products Corporation denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2.
  
  
• Report And Award Of Arbitrator - Report 2 (19 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 2:15MD1203 SHEILA BROWN, ET AL. v. AMERICAN HOME PRODUCTS CORPORATION CIVIL ACTION NO. 99-20593 Appellant: REDACTED Arbitration No.: REDACTED Claim No.: REDACTED REPORT AND AWARD OF ARBITRATOR FINDINGS OF FACT 1. On [DATE], the AHP Settlement Trust (“Trust”) denied the claim of [APPELLANT] for Matrix Benefits. 2. On [DATE], [APPELLANT] requested that the District Court refer this matter to arbitration. 3. On [DATE], [APPELLANT]s claim was referred by the United States District Court for arbitration from the Trustees and/or claims administrator’s denial of benefits to [APPELLANT]. 4. On [DATE], a hearing was held on [APPELLANT]’s arbitration claim. 5. [APPELLANT] raised certain issues both at the hearing and through his written submissions in his statement of appeal concerning reim
  
  
• Sixth Amendment To Nationwide Class Action Settlement Agreement With American Home Products Corporation (292 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMINE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al. v. WYETH (formerly American Home Products Corporation) MDL NO. 1203 CIVIL ACTION NO. 99-20593 SIXTH AMENDMENT TO NATIONWIDE CLASS ACTION SETTLEMENT AGREEMENT WITH AMERICAN HOME PRODUCTS CORPORATION Dated: January 10, 2002 Exhibit A To facilitate the implementation of the Parties' intentions underlying the November 18,1999 Nationwide Class Action Settlement Agreement with American Home Products Corporation, ("Settlement Agreement"), and to clarify various matters arising under the Settlement Agreement, all for the benefit of the Settlement Class, it is hereby stipulated and agreed among the Parties that, subject to the approval of the Trial Court, the Settlement Agreement is amended as follows: 1. Clarification of "Claim ing " Matrix Compensation Ben efts. To clarify
  
  
• Report And Award Of Arbitrator - Report 1 (9 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 2:15MD1203 : CIVIL ACTION NO. 99-20593 APPELLANT v. AMERICAN HOME PRODUCTS CORPORATION ------------------------------------ : Appellant: REDACTED Arbitration No: REDACTED Claim No: REDACTED FINDINGS OF FACT 1. On [DATE] the Trustees of American Home Products Corporation denied the claim of [APPELLANT] for Matrix Compensation Benefits. 2. On [DATE] [APPELLANT] requested that the District Court refer this matter to arbitration. 3. On [DATE] the claim of [APPELLANT] was referred by the United States District Court for arbitration from the Trustees and/or claims administrator’s denial of benefits to [APPELLANT]. 4. On [DATE] a hearing was held on the arbitration claim of [APPELLANT]. ANALYSIS 1. Pharmacy records of [APPELLANT] reflect that she was dispensed Redux in May and June of 1997. 2. [APPELLANT]’s
  
  
• Withdrawal Of Appeal To District Court From Trustees' And/Or Claims Administrator's Determination Of Benefits (4 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. FENFLURAMINE/DEXFENFLURAMINE) : 2:15MD1203 PRODUCTS LIABILITY LITIGATION : SHEILA BROWN, et al. : v. : CIVIL ACTION NO. AMERICAN HOME PRODUCTS CORPORATION : 99-20593 THIS DOCUMENT RELATES TO CLAIMANT ________________ : CLAIM NUMBER WITHDRAWAL OF APPEAL TO DISTRICT COURT FROM TRUSTEES’ AND/OR CLAIMS ADMINISTRATOR’S DETERMINATION OF BENEFITS Kindly withdraw __________________________ ’s Appeal to District (Claimant/Interested Party) Court From Trustees’ and/or Claims Administrator’s Determination of Benefits that was filed on or about Date Signature: Attorney For: _________________________ Address: ______________________________ Phone No.: Fax No.: _________________________ Dated: _________________
  
  
• Appeal To District Court From Trustees' And/Or Claims Administrator's Determination Of Benefits (50 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ : MDL DOCKET NO. 2:15MD1203 FENFLURAMINE/DEXFENFLURAMINE) : PRODUCTS LIABILITY LITIGATION : _______________________________________ : : SHEILA BROWN, et al. : : v. : : AMERICAN HOME PRODUCTS, et al. : CA No. 99-20593 _______________________________________ : THIS DOCUMENT RELATES TO CLAIMANT ____________________________ : CLAIM NUMBER _______________________ : : _______________________________________ : APPEAL TO DISTRICT COURT FROM TRUSTEES’ AND/OR CLAIMS ADMINISTRATOR’S DETERMINATION OF BENEFITS ___________________________ hereby appeal(s) the determination of the Trustees and/or the Claims (Claimant or Interested Party) Administrator regarding the claim of ____________________ , made on ______________ , (Claimant’s Name) 2001.[describe the determination re
  
  
• Rules Governing Arbitration Process (0.72 MB)
  RULES GOVERNING ARBITRATION PROCESS TABLE OF CONTENTS Paae 1. Purpose.........................1 2. Interpretation Of Rules.................1 3. Definitions ....................... 2 4. Arbitrators ....................... 6 a. Qualifications ................... 6 b. Panel Of Arbitrators ................ 7 c. Initial Disclosures ................. 7 d. Training......................9 e. Arbitrator Ethics ................... 9 f. Conflicts With Appellants .............. 9 g. Role Of The Arbitrator.............. 10 5. Scope.........................10 a. For Class Members, Attorneys And Subrogees .... 10 b. For Appeals Of Matrix Compensation Benefits .... 11 c. For Appeals Of Counsel Fees And Out-Of-Pocket Expenditures ................... 12 d. For Appeals Of Subrogee Entitlement ........ 12 e. For AHP Appeals Of Credits............13 6. Commencement Of Arbitration .............. 14 a. Service Of Final Determination .........
  
  
• Pretrial Order No. 2153 (0.71 MB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION MDL DOCKET NO. 1203 PRETRIAL ORDER NO. Q(i'-*)~> RLEP $EP ' 2 20(fl AND NOW, this f 0.t4 day of September, 2001, the court having received no objections to the Rules Governing Arbitration Process, it is hereby ORDERED that said Arbitration Rules, attached as Exhibit A, are APPROVED. BY THE COURT: ^^V-Jut-COt g.c ENTERED SEP 1 3 2001 CLERK OF COURT RULES GOVERNING ARBITRATION PROCESS TABLE OF CONTENTS Paae Purpose ......................... 1 Interpretation Of Rules ................. 1 Definitions ....................... 2 Arbitrators ....................... 6 a. Qualifications ................... 6 b. Panel Of Arbitrators ................ 7 c. Initial Disclosures ................. 7 d. Training......................9 e. Arbitrator Ethics ................... 9 f. Conflicts With Appellan
  
  
• Memorandum And Pretrial Order No. 1415 (3.26 MB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DIET DRUGS (PHENTERMINE, FENFLURAMINE, DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: SHEILA BROWN, et al. v. AMERICAN HOME PRODUCTS CORPORATION MDL DOCKET NO. 12 03 BECHTLE, J. CIVIL ACTION NO. 99-20593 MEMORANDUM AND PRETRIAL ORDER NO. 1415 AUGUST 28, 2000 Presently before the court is the Joint Motion of the Class Representatives and American Home Products Corporation ("AHP") for an order certifying and approving the nationwide settlement class embodied in the Settlement Agreement entered into between the parties on November 19, 1999. For the reasons set forth below, the court will grant the motion and will certify the class and approve the settlement pursuant to Federal Rule of Civil Procedure 23 . The court's findings of fact and conclusions of law are as follows. TABLE pF CONTENTS I. Background ....................................... 5 A. The Diet Drug Litigation... B. T
  
  
• Pretrial Order No. 1415 (249 KB)
  
  
  
• Pretrial Order No. 1238 (54 KB)
  APR.11.2005 12:31PM NO.904 P.2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMTNE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS SHEILA BROWN, et al, v. AMERICAN HOME PRODUCTS CORPORATION MDLNO. 1203 FlU° CIVIL ACTION NO. 99-20593 PRETRIAL ORDER NO. 123T Upon the agreement of Class Counsel and counsel for American Home Products Corporation and with the approval of the Interim Claims Administrators ("ICAs") and in accordance with Pretrial Order No. 997, it is hereby ORDERED, ADJUDGED, and DECREED that all complete Initial Opt-Out notices ("Notices") received by the ICAs on or before March 30,2000, are timely and valid. For the purposes of determining the timeliness and validity of Notices received by the ICAs after March 30,2000, the following rules shall apply to notices filed by Class Members using the United States Postal Service: 1. Notices postmarked on or before Ma
  
  
• Pretrial Order No. 997 Conditionally Certifying Settlement Class, Preliminarily Approving The Settlement Agreement, Approving The Forms Of Notice, And Scheduling The Fairness Hearing (390 KB)
  PPR.11.2005 12:33PM NO.904 P.10 TN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE DIET DRUGS (PHENTERMINE/FENFLURAMTNE/ DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL ACTIONS SHEILA BROWN, ET AL. V. AMERICAN HOME PRODUCTS CORPORATION MDLNO. 1203 ey CIVIL ACTION NO. 99-20593 FILED NOV 2 ^ 1999 MICHAEL E. KUN2, Clerk 5 t, p»p. ciwk PRETRIAL ORDER NO. ??7 CONDITIONALLY CERTIFYING SETTLEMENT CLASS, PRELIMINARILY APPROVING THE SETTLEMENT AGREEMENT, APPROVING THE FORMS OF NOTICE, AND SCHEDULING THE FAIRNESS HEARING AND NOW, this 23rd day of November, 1999, upon consideration of the Joint Motion of American Home Products Corporation ("AHP") and Class Counsel (as designated below) for Preliminary Approval of the Nationwide Class Action Settlement Agreement with American Home Products Corporation ("Settlement Agreement"), Conditional Certification of the Settlement Class, Approval of Notice to the Settlement Clas