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New Screening Procedure for PPH Cases Under the terms of the class action settlement agreement, any person who took the diet drugs, Pondimin and/or Redux, and who has been diagnosed with Primary Pulmonary Hypertension ("PPH") is automatically excluded from the class action. Essentially, a person diagnosed with PPH is not entitled to receive benefits under the class action. The definition of PPH contained in the settlement agreement is very specific. In order for a person to have PPH under the terms of the class action settlement, that person cannot have any primary cardiac disease, obstructive lung disease, pulmonary emboli, or any other known cause of PPH including portal hypertension, significant sleep apnea, interstitial lung disease or familial PPH. Recently, attorneys for American Home Products filed a motion to enforce the terms of the settlement agreement regarding PPH. In this motion, attorneys for AHP stated that a procedure should be in place to determine whether someone claiming to have PPH actually has PPH according to the terms of the settlement agreement. Plaintiffs' attorneys, including Hackard & Holt, objected to this motion and made arguments in court. On February 26, 2002, Judge Bartle issued Pre-Trial Order 2383: Procedures for Resolving Motions to Enforce Paragraph 7 of Pre-Trial Order No. 1415 Against Class Members Who Assert Claims Allegedly Based on PPH. This Order created a screening process whereby any person who claims to have PPH as a result of their diet drug use will have to provide medical evidence that they have PPH as defined in the settlement agreement. |
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