PPH and Fen-Phen Victim Regrets Settlement

July 19, 2009, 10:00:00AM. By Jane Mundy

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Oakhurst, TX: Joyce was diagnosed with mitral valve regurgitation and was part of the PPH Fen-Phen class action settlement that only covered claims involving heart valve damage. But she was diagnosed with Primary Pulmonary Hypertension (PPH) and may soon seek legal help. The settlement and deadlines did not apply to people who have been diagnosed with PPH Fen-phen; those Fen-phen users may still file claims against Wyeth (formerly known as American Home Products or AHP).

I took Fen-phen for about 3 or 4 years," says Joyce. "I just wanted to be slim but I was an idiot. Many people I know took Fen-phen—it was like candy, like walking into a drugstore and getting Slimfast. There was no doctor I know of that wouldn't prescribe it."

But in 1999 she was getting short of breath and called a lawyer. She had the medical screening including an echocardiogram—set up by the drug maker—and was diagnosed with PPH Level 1. Joyce opted to join the class action and she received $150,000.

"I was surprised with this settlement because the Fen-phen doctor said I didn't have PPH," says Joyce. "They sent the test results to my doctor's office and said my cardiac chambers were normal and I had mitral valve regurgitation. I believe the results were interpreted in favor of the drug maker. In July, 2000 I got a letter that said I didn't have a claim. But almost a year later, my attorney said he had a check for me."

Joyce believes Wyeth knew she had PPH and it would be cost-effective for the drug company to settle for $150,000 now rather than possibly millions of dollars later, when she developed full-blown PPH.

"I wish I had a heart catheterization when I was tested; it would have shown that I had a higher level of PPH than what was recorded in my medical report. Now, I can't even finish a sentence because I have such a shortness of breath…

My lawyer showed me a PPH Fen-phen settlement grid: people with full blown PPH received $8.5 million each; others with lesser degrees of PPH received anywhere from $700,000 to $1million each and those people who had mild or normal mitral valve regurgitation received $20,000. Those with PPH Level 2 received $250,000.

Looking back at my medical records, I had PPH Level 2. I believe I am owed a minimum of $100,000, but only if I have no further damage. My GP recently advised me to see a heart specialist but because I am on Medicare it isn't so easy, in fact it's damned near impossible.

I know people who had full blown PPH—they became bedridden and died. My husband lost his first cousin less than a year ago and his family received $8 million, but no amount of money can pay for a life.

In retrospect, I wish I had never been part of the class action. I had to sign off paperwork stating that I wouldn't divulge any of this information that I am giving you know. The agreement, dated July 12, 2001 states: 'We have successfully negotiated an agreement with AHP that allows you the opportunity to settle now…The amount of your settlement is determined by the amount of damage based on your echocardiogram. Only results prior to March 2001 can be considered for this settlement.

So if you were diagnosed with PPH in April of 2001 or you did not get your test prior to that time, you were out of luck. A woman who worked for me did not get an echocardiogram in time and she died about a year ago—she was diagnosed with PPH.

What really annoyed me was that nobody was notified until it was much too late to undo any damage done. I think everyone who is now heart-damaged should be able to re-open any lawsuits. These drug makers are back in business and we are now paying for drugs because of the damage they caused."

Once Joyce sees the heart specialist she will know whether or not to pursue a lawsuit, but she is not optimistic about her health.

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