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Fen-Phen e-Resource

Updates Prior to July 1, 2004

July 01, 2004

AHP Settlement Trust's Quarterly Report for the Period Ended June 30, 2004


Exhibit A - AHP Settlement Trust Financial Statements (Unaudited) Six Months Ended June 30, 2004


Exhibit B - AHP Settlement Trust Statement of Changes in Net Assets Available for Claims for the Period November 18, 1999 through June 30, 2004


Exhibit C - AHP Settlement Trust Schedule of Investments and Assets, June 30, 2004


Order Regarding Wyeth Defendants' Motion for Separate Trials and Any Response thereto


Order Regarding Defendants' Motion In Limine to Exclude Evidence and Argument Related to the FDA's 1997 Inspection of Wyeth's Adverse Drug Event Reporting System and Plaintiff's Response thereto


Order Regarding Defendants' Motion In Limine to Preclude or Limit the Testimony of Cheryl D. Blume, Ph.D.


Order Regarding Defendants' Motion In Limine to Exclude Evidence Concerning Aminorex


Order Regarding "FDA Violations"


Bacon Affidavit in Opposition to Motion to Dismiss


Plaintiff's Memorandum Of Law In Opposition To Defendants' Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6)


Bacon Exhibit H - Class Counsel Memo RE: 7th Amendment


Bacon Exhibits A Through G In Opposition


Eighth Amendment to the Nationwide Class Action Settlement Agreement With Amreican Home Products


Class Counsel's Memorandum of Law in Support of Joint Motion By Wyeth, Class Counsel and the Seventh Amendment Liason Committee for the Entry of an Order Preliminarily Approving the Seventh Amendment to the Nationwide Class Action Settlement Agreement for the Entry of Related Orders (1) Directing the Resumption of the Parallel Processing Program; (2) Approving a Procedure for Resolving Outstanding Post-Audit Determinations; and (3) Approving the Eighth Amendment to the Settlement Agreement


Joint Motion By Wyeth, Class Counsel and the Seventh Amendment Liason Committee for the Entry of an Order Preliminarily Approving the Seventh Amendment to the Nationwide Class Action Settlement Agreement and for the Entry of Related Orders


Eighth Amendment to the Nationwide Class Action Settlement Agreement With Amreican Home Products


Memorandum and Pretrial Order No. 3699


Pretrial Order 3747 - Extension of Stay Relating to Matrix Level I and II Claims


Memorandum of Decision and Order on Defendant's Motion For Summary Judgment


Wyeth Second Quarter 2004 Earnings Call Transcript


Judge Extends Stay - Seventh Amendment Might Still Have A Chance


Monthly Report of the AHP Settlement Trust for the Month Ending May 31, 2004, Pursuant to Pretrial Order No. 3185


SUR Petition For Rehearing


Opinion RE: Motion of Defendant Wyeth Challenging the Eligibility of Plaintiff Robin Steward to Exercise Back-End Opt-Out and Plaintiff's Response Thereto


Order Staying Castle v. Crouse Pending Mediation by Parties and Until Further Order of the Court


June 9 Hearing Transcript


Prudential Equity Group 5/26/04 Wyeth Financial Report


Opinion of the United States Court of Appeals for the Third Circuit


Wyeth Will Not Let Victims have their Day in Court


Decleration of Laurence S. Magder, Ph.D. MPH


Appelants' Motion to Further Supplement the Appelate Record and for Leave to File Supplemental Appendix


Oral sworn deposition of Joseph L. Foley


Oral sworn deposition of B. Thomas Florence


Motion For Stay Relating to Matrix Level I and II Claims


Proposed Seventh Amendment to Settlement Agreement


Merril Lynch Wyeth Update - 4/28/2004 - Extraordinary Award To Be Appealed


Matrix Claim Processing Procedures


AHP Settlement Trust Estimated Costs of Processing a Matrix Claim - Completed: April 19, 2004


Count of Claims Filed, by Attesting Physician - Through 04/07/2004


Trust Auditors Including Their Pass Rate in Audit* *Previously, our office posted a list of auditors and their pass rates. The trust has informed the court and us that the information was inaccurate and has withdrawn the report containing the list of auditors. We have replaced the inaccurate document with the trust's supplemental exhibit (above) which the trust represents to be accurate. Accordingly, the list of auditors and their pass rates that was posted on our web site prior to May 5, 2004, should not be relied upon for any purpose.


Claimants' Motion to Compel the Wyeth Settlement Trust to Process Their Claims That Were Attested to by Dr. Linda Crouse and Dr. Richard Mueller, but Were not Among the Claims Addressed in Pretrial Order 2640

Certain Class Members' Memorandum of Law in Support of Their Motion to Compel the AHP Settlement Trust to Audit Their Claims for Matrix Benefits


Memorandum of Law in Reply and Further Support of Claimant John Bacon, III's Motion to Compel the AHP Settlement Trust to Pay His Claim and Limit the Scope of Discretion Permitted to the Trust, Trustees and Their Counsel in Claims Administration


Merril Lynch Wyeth Update - 4/2/2004 - Upcoming Appellate Court Ruling Preview


Important Conference on Whether the Court Will Freeze the Processing of All Claims ** All Interested Parties Should Attend ** -- This is Open to the Public -- Do Not Let Your Claim be Frozen by Wyeth Any Longer


Supplemental Brief Supporting Plaintiffs' Position Eschewing the Appointment of an Expert and Extensive Hearings With Expert Testimony Urged By Wyeth to Determine "Eligibility"


Certain Class Members' Motion For Protective Order and to Compel Claims Processing, and Objections to Medical Practices Questionnaires


March 31, 2004 John Bacon III Complaint


Monthly Report of the AHP Settlement Trust for the Month Ending February 29, 2004, Pursuant to Pretrial Order No. 3185


AHP Settlement Trust's Annual Report For the Period Ended December 31, 2003


Report by Wyeth on Matrix Claims and Fund A Benefits Processing by the AHP Settlement Trust


Joint Answer and Partial Opposition of Class Counsel and Wyeth to AHP Settlement Trust's Motion for Renweed Suspension of Certain Processing Deadlines


Memorandum and Pretrial Order 3376


Letter to Richard L. Scheff, Esq. RE: Revised Post Audit-Determination Letter - Denial


Claimant John Bacon, III's Motion to Compel the AHP Settlement Trust to Pay Matrix Benefits Upon the Trust Auditors's Findings


Memorandum of Law in Support of Claimant John Bacon, III's Motion to Compel the AHP Settlement Trust to Pay his Claim and to Limit the Scope of Discretion Permitted to the Trust, Trustees and Their Counsel in Claims Administration


Appelants' Motion to Supplement Record and for Leave to File Supplemental Appendix


Bakmezian Complaint


DeSena Complaint

After a Referral to the Disciplinary Committee by Judge Bartle, the NYS Grievance Committee After Due Deliberation Found That Mario D'Angelo Did Not Violate Any Ethic Rules and Dismissed the Judge's Complaint


Fleming & Associates' Objection to the AHP Settlement Trust's Motion for Renewed Suspension of Certain Processing Deadlines


Declaration of Steven N. Goodman, M.D., M.H.S., Ph.D.


Expert Report of Dr. Mark McClellan


Declaration of Dean G. Karalis, M.D.


Claimants' Supplemental Opposition to Wyeth's Motion For a Stay in the Processing of Matrix Claims and For an New Court Approved Procedure


Defendant and Counterclaim Plaintiff Linda J. Crouse M.D.'s Answer, Additional Defenses and Counterclaims to Plaintiff's Complaint


Declaration of Paul N. Hopkins, M.D., MSPH


Exhibits to Hopkins Declaration


Diet Drug Settlement Class Exhibit P0094


Claimants' Amended Supplemental Memorandum in Opposition to Wyeth's Motion for a Stay in the Processing of Non-Priority Matrix Claims and for a New Court-Approved Procedure


MDL 1203 Transcript


Certain Class Members' Response in Opposition to Wyeth's Motions for a Court-Approved Procedure and for a Stay of Processing and Payment of Matrix Claims


Monthly Report of the AHP Settlement Trust for the Month Ending January 31, 2004, Pursuant to Pretrial Order No. 3185


AHP Settlement Trust's Memorandum in Response to Wyeth's Motions for a Temporary Stay of Processing and Payment of "Non-Priority" Matrix Claims and for Court Approved Procedure to Preserve Settlement Funding and to Address Abuse


Defendant and Counterclaim Plaintiff Linda J. Crouse, M.D.'s Answer, Additional Defenses and Counterclaims to Plaintiff's Complaint


Reply Brief of Napoli KAiser Bern & Associates, L.L.P., and Hariton & D'Angelo, LLP, on Behalf of Their Clients Subject to Pretiral Order 2952


Exhibit From Wyeth's Economic Projection


Faulty Claims Projections Are the Reason For More Claims


Supplemental Affidavit to Declaration of Paul N. Hopkins, M.D, MSPH


Declaration of Paul N. Hopkins, M.D., MSPH


Aortic Regurgitation & Mitral Regurgitation Prevalence With Figures
(This file is rather large and may take slightly longer than average to load.)


A Humorous Look Into a Meeting at Wyeth


Certain Class Members' Supplemental Exhibits Filed in Additional Opposition to AHP Settlement Trust's Motion to Disqualify Echomotion Echocardiograms and to Stay Payment of Claims Supported by Echomotion Echocardiograms


Brief of Appellants No. 03-4465 - Pretrial Order 3085


Claimants, Memorandum of Law and Facts in Reply on Their Motion for Discovery of Expert Reviews Conducted at Class Counsel's Behest


Plaintiff Elbert Fry's Memorandum of Law in Reply on His Motion to Compel the AHP Settlement Trust to Pay His Claim


Arthur L. Caplan, PHD - Affidavit 1


Arthur L. Caplan, PHD - Affidavit 2


Plaintiff's Supplemental Exhibit Filed in Opposition to Wyeth's Motion Challenging the Elligibility of Annette Kerr and Roberta Rains


Deposition of Trust Auditor


Certain Class Members' Reply to the AHP Settlement Trust's Brief in Opposition to Motion to Compel Compliance With Court Order 3047


Morgan-Stanley Wyeth Update: Georgia Fen-Phen Win Looks Broadly Applicable


Claimant Elbert Fry's Memorandum of Law in Support of His Motion to Compel the AHP Settlement Trust to Pay His Claim


Claimant Elbert Fry's Motion to Compel the AHP Settlement Trust to Pay Matrix Benefits Upon the Trust Auditor's Findings


Certain Class Members' Motion to Compel Production of Documents Relating to Echocardiogram Screenings


Certain Class Members' Motion to Compel Compliance With Court Order 3047


Certain Class Members' Response in Opposition to AHP Settlement Trust's Motions to Disqualify Echomotion Echocardiograms and to Stay Payment of Claims Supported by Echomotion Echocardiograms


Appellants' Consolidated Supplemental Brief


Brief of Napoli Kaiser Bern & Associates, L.L.P., and Hariton & D'Angelo, LLP, on Behalf of Their Clients Subject to Pretrial Order 2952


Apellants' Consolidated Brief


Memorandum and Pre-Trial Order 3164


Doctor Answers Fen-Phen Lawsuit


Motion of Defendant Linda J. Crouse, M.D. Pursuant to 28 U.S.C. and 455 for Recusal of the Honorable Harvey Bartle, III


Defendant Linda J. Crouse's Motion to Dismiss Complaint


Claimants Doris Weller and Ellen Carey's Memorandum of Law and Facts Opposing Wyeth's Motion To Enforce the Anti-Suit Injunction Set Forth in PTO 1415, Paragraph 7


Weller and Carey Affidavits


Wyeth: Diet Drug Litigation -- Two Down & Seventy-Seven Thousand Nine Hundred Ninety Eight to Go


Claimants Complaint the Trustees for Breach of Fiduciary Duty


"Silly Lung Problem" Memo


AHP Settlement Trust's Quarterly Report For the Period Ended September 30, 2003


AHP Settlement Trust Financial Statements (Unaudited) Nine Months Ended September 30th 2003


Transcript of Trial Before the honorable Copnstance C. Russell, Atlanta Judicial Circuit, Commencing on November 4, 2003 - Part I


Transcript of Trial Before the honorable Copnstance C. Russell, Atlanta Judicial Circuit, Commencing on November 4, 2003 - Part II


Class Member Elizabeth Johnson's Reply Brief on Her Motion to Compel the AHP Settlement Trust to Pay Her Claim in Accord With the Settlement Agreement, Its Subsequent Amendments and This Court's Pretrial Orders


Class Members' Reply Memorandum of Law in Support of Their Motion to Discharge Trustees of the Wyeth Settlement Trust


Reply Affidavit and Exhibits to AHP Trust's Opposition on Motion to Remove AHP Settlement Trustees


Class Members Memorandum of Law in Support of Their Motion to Deny the Proposed Operations Plan and All Related Improper Prioritization of Claims by the AHP Settlement Trust


Claimants' Affidavit and Exhibits in Opposition to the AHP Settlement Trust's Proposed Operations Plan


Claimants' Reply Memorandum on Their Motion to Compel the AHP Settlement Trust and Class Counsel to Disclose Evidence Relating to the Echocardiographic Reviews Allegedly Performed by Their Expert, Dr. Karalis


Wyeth - Form 8-K: Report of unscheduled material events or corporate changes. e.g acquisition, bankruptcy, resignation filed 10-22-03


Report of the AHP Settlement Trust of October 21, 2003, Pursuant to Pretrial Order No. 2881


Plaintiff Linda Morales' Memorandum of Law in Support of Her Motion to Compel the AHP Settlement Trust to Pay Her Claim


Claimant Linda Morales' Motion to Compel the AHP Settlement Trust to Pay Matrix Benefits Upon the Stipulation Between the Parties and the Prior Order of This Court


Objector Class Members' Memorandum of Law in Opposition to Class Counsel's Motion for Expedited Approval of Proposed Court Approved Procedure for Pro Se Claims Completeness Programs


Testing the Test: The Reliability of Echocardiography in the Sequential Assessment of Valvular Regurgitation.


Consolidated Brief of Appellants


Memorandum and Pretrial Order Number 3065


Claimant's Reply Memorandum of Law in Support of Claimant's Motion to Compel the AHP Settlement Trust to Pay Matrix Benefits to Burnette Franchino


Claimant Burnette Franchino's Motion to Compel the AHP Settlement Trust to Pay Matrix Benefits Upon the Trust Auditor's Findings


Joinder in Motion for a Fair Audit System on Behalf of Matrix Claimants Represented by Napoli, Kaiser, Bern and Associates, LLP and Heariton and D'Angelo, LLP


Deposition of Richard Wayne - Subclass III


Reply Memorandum of Law on the Joinder of the class Members Represented by Hariton & D'Angelo, LLP and Napoli, Kaiser, Bern and Associates, LLP in Support of the Expedited Motion to Suspend the Claims Integrity Program and the Medical Practices Questionnaire


Claimants' Reply Memorandum of Law in Support of Claimants' to Remove Auditors Craig Oliner, M.D., Donna Zwass, M.D. and John Gottdiener, M.D. as Auditors From the AHP Settlement


Motion by Class Members Represented by Napoli, Kaiser, Bern and Associates, LLP and Hariton & D'Angelo, LLP Joining the Application of Baron and Budd to Suspend the Claims Integrity Program and the Medical Practices Questionnaire


Claimant Burnette Franchino's Motion to Compel the AHP Settlement Trust to Pay Matrix Benefits Upon the Trust Auditor's Findings


Pretrial Order 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 Agreement, as Amended


Claimants' Motion to Remove Craig Olinder M.D., John Gottdiener, M.D., and Donna Zwas, M.D. as Auditors From the AHP Settlement Trust


Claimants' Memorandum of Facts and Law Supporting Their Motion to Remove AHP Settlement Trust Auditors Craig Olinder M.D., John Gottdiener, M.D., and Donna Zwas, M.D.


Ellen Carey and Michael Daley Summons and Complaint


Wyeth Earnings Results for the 2003 Second Quarter and First Half


Report of the AHP Settlement Trust of July 21, 2003, Pursuant to Pretrial Order No. 2881


Doris Weller Complaint Against American Home Products


Class Members' Motion to Discharge Trustees of the AHP Settlement Trust


Proposed Order to Grant Class Members' Memorandum of Law in Support of Their Motion to Discharge Trustees of the AHP Settlement Trust


Class Members' Memorandum of Law in Support of Their Motion to Discharge Trustees of the AHP Settlement Trust


Report of the AHP Settlement Trust of June 23, 2003


June 18, 2003 Hearing


June 16, 2003 Rodriguez and Meszaros Motion


Motion to Determine Inadequacy of Representation for Primary Pulmonary Hypertension and Pulmonary Hypertension Class Members


Memorandum in Support of Motion to Determine Inadequacy of Representation for Primary Pulmonary Hypertension and Pulmonary Hypertension Class Members


Claimants' John Rodriguez and Barbara Meszaros Reply Memorandum of Law in Support of Their Motion to Affirm the Trust's Audit Findings of a Matrix Injury, Enforce Claimants Signed Post Audit Determination Letters and Compel the Trust to Pay Their Claims


Joinder in Motion to Determine Inadequacy of Representation For Opt-Out Class Members AND Motion To Discharge Class Counsel And Subclass Counsel For Subclasses 1(B), 2(A), 2(B), And 3


Napoli Opposition to Class Counsel on BEOO Eligibility


Motion To Determine Inadequacy of Representation For Opt-Out Class Members


Motion To Discharge Class Counsel And Subclass Counsel For Subclasses 1(B), 2(A), 2(B), And 3


Memorandum In Support Of Motion To Discharge Class Counsel And Subclass Counsel For Subclasses 1(B), 2(A), 2(B), And 3


AHP Settlement Trust's Quarterly Report for the Period Ended March 31, 2003


Brief of Napoli, Kaiser, Bern and Associates, LLP and Hariton and D'Angelo, LLP, on Behalf of Their Clients Subject to Pretrial Order 2640


Brief of Napoli, Kaiser, Bern and Associates, LLP and Hariton and D'Angelo, LLP, on Behalf of Their Clients Subject to Pretrial Order 2677


Status Conference Transcript


Official Court-Approved Notice Of May 3, 2003 Deadline


Opposition to Intermediate Opt Out procedure


Report Of The AHP Settlement Trust
Of February 18, 2003


Pretrial Order 1


Report of the AHP Settlement Trust of January 15, 2003, Pursuant to Pretial Order No. 2663


Deposition Of Robert A. Mitchell, Jr.


Deposition Of Frederick R. Helmcke, M.D., Lsu School Of Medicine


Fairness Hearing Day 1
Fairness Hearing Day 2
Fairness Hearing Day 3
Fairness Hearing Day 4
Fairness Hearing Day 5
Fairness Hearing Day 6
Fairness Hearing Day 7
Fairness Hearing Day 8


Memorandum Of The Napoli And Hariton Clients In Support Of The Emergency Motion For A Cure Provision Submitted By Baron & Budd On Novemeber 25, 2002


Pretrial Order 2677: Regarding the Joint Motion to Approve and Implement the Revised Fifth Amendment, as well as the class-member claimants' cross motion for an order extending the screening period for all class memebers


Motion to Expedite Appeal


Class Member-Claimants' Pre-Hearing Memorandum in Opposition to the Motion By the AHP Settlement Trust For Emergency Suspension of Certain Fund A Processing Deadlines

Please Note - This file is quite large and, depending on your Internet connection speed, may take longer than normal to load.


Class Member-Claimants' Response to the AHP Settlement Trust's Request for Speedy Consideration of the Proposed Fifth Amendment and Cross-Motion For an Order Extending the Screening Period Through July, 3 2003 For All Class Members


The Napoli and Hariton Firms' Supplemental Post-Hearing Memorandum of Law AND The Napoli and Hariton Firms' Proposed Supplemental Finding of Fact


Post Hearing Memorandum of the Napoli and Hariton Firms in Opposition to the Motion Seeking a Modification of the Audit Rules and Claims Processing Procedures


Memorandum of Clients of the Hariton and Napoli Firms in Opposition to the Motions to Approve and Implement the Fifth and Sixth Amendments to the Nationwide Class Action Settlement with American Home Products Corporation


Hearing Transcript: Tuesday, October 22, 2002 Before Honorable Harvey Bartle, III, J.

The Napoli And Hariton Firms' Post-Hearing Memorandum Of Law


The Napoli And Hariton Firms' Proposed Findings Of Fact And Conclusions Of Law:

Volume I: General Findings And Conclusions Of Law


The Napoli And Hariton Firms' Proposed Findings Of Fact And Conclusions Of Law:

Volume II: Specific Findings Regarding The Claims At Issue


Oral Deposition of Dianne M. Nast


Oral Deposition of R. Eric Kennedy


Oral Deposition of Richard S. Lewis


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