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Fen Phen Global Settlement. The serious health problems associated
with fen-phen led to numerous individual and class action
lawsuits filed nationwide against the manufacturer. In response,
the manufacturer agreed to a global settlement claims of and
established a $4 billion fund for medical screening and compensation
for fen-phen users. The company also stated it would set aside
$14.6 billion to pay claims and litigation expenses. The settlement
covers fen-phen users with heart valve damage. The final deadline
to participate in the settlement was May 3, 2003 (there is
an July 3, 2003 extension for some individuals). The settlement
does not apply to fen-phen users with Primary Pulmonary Hypertension (PPH). Fen-phen users with PPH may pursue their legal claims individually. For more information on Primary Pulmonary Hypertension (PPH) claims, click here.
Propulsid Settlement. In February 2004, Janssen Pharmaceutica,
a Johnson & Johnson company announced that they
had reached an agreement to resolve all federal lawsuits related
to the drug propulsid (cisapride).
There are approximately 4,000 individuals
included in the Federal Multi District Litigation. Approximately
300 are alleged to have died from use of the drug. The agreement
becomes effective once 85 percent of the death claims, and
75 percent of the remainder, agree to the terms of the settlement.
In addition, 12,000 individuals who have not filed lawsuits,
but whose claims are the subject of "tolling agreements"
suspending the running of the statutes of limitations against
those claims, must also agree to participate in the settlement
before it will become effective.
The agreement requires all participating
plaintiffs to submit medical records to a court appointed
independent medical panel. The medical panel will determine
whether the claimed injuries were caused by Propulsid and
meet the standards for compensation. If those standards are
met, a court-appointed special master will determine compensatory
damages. Janssen will pay as compensation a minimum of $69.5
million and a maximum of $90 million, depending upon the number
of plaintiffs who enroll in the program.
Serzone Class Action Settlement. On November 18, 2004, the Serzone MDL judge preliminarily approved the $70 million to $78 million Serzone class action settlement and scheduled a fairness hearing for June 30 ( In Re: Serzone Products Liability Litigation , MDL No. 1477, S.D. W.Va., Charleston Div.).
The conditionally certified a temporary settlement class consisting of all people in the United States who used the withdrawn antidepressant between March 15, 1995, and Oct. 1, 2004.
The preliminarily approved class settlement provides the following four funds totaling $70 million:
A $30 million fund for the most seriously injured class members.
A $30 million fund for less seriously injured class members.
A $5 million fund for nonseriously injured class members.
A $5 million fund for class members who fall outside of the other three classes.
Funding for the first two may be increased. Previously, the parties stated that the value of the settlement could be increased to $78 million depending on the number and size of awards.
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