Phen-fen user just "burned" needs advise

[momshoaf]

Some of you have read my story on the "phen-fen useage?" post. I just found out that after signing with an attorney in an opt out over 2 years ago that my case was never even valid because of a clause in the final amendment dated Jan 3 2002, 4 months before I signed!!! It says that in order to opt out that I had to have first been diagnosed with valve damage after Sept 30, 1999! Because I was so incompasitated in Jun 97 and was sent to several specialists to rule out or confirm complications of my pregnancy, it was discovered in Oct 97 that I had valve damage ( a 1992 echo showed I had normal valves). I am being punished for having been so very disabled by taking phen-fen that my Dr. had no choice but to send me to a cardiologist in Oct 97 and because the measurement of actual damage isn't severe enough, I am possibly entitled to $6000. (enough to disqualify us from recieving foodstamps for one full year)in the settlement, that is if my attorneys actions didn't disqualify me. He had assured me by comparing my damages with other cases that I should be recieving a significant settlement.
I called my husband with the bad news and before I knew it he was pulling up, coming home from work for a few minutes to comfort me. We reminded ourselves of how blessed we are with our 6 beautiful, loving, and healthy children. That counts for so much but it is also why compensation was so anticipated as they have all suffered so these past 7 years. So much of what I could have done for them has been stolen. yes they are well loved by me but life has so much to offer and the judge who ordered such a stupid ruling will never know how much we are suffering. What I hope by posting this is any insite, any legal strategies that I might make use of. If not, does anyone have an extra "big" house for this sizely family in So. orange county, CA!!! Ha Ha just trying to make light of my sorrow. Since I am completely unable to work and my husband is not able to make enough for us to ever afford a house payment out here (we'd do good to be able to pay the property taxes, insurance and upkeep on an adequate sized home) it was my greatest hope to be able to buy a home that my children so long for. This very old, ,small, rundown mobilehome so poorly meets their needs. They are even too embarrassed to bring friends home from school. They do their best to be content as kids are so good at doing. Knowing how hard it has been for their parents they rarely complain either. How could I not desire with everything in me to provide better for them? My dear husband has worked himself to complete weariness with all the extra he has had to do on my behalf besides all his other responsibilities. How I hoped to be able to relieve him of some of that overwhelming stress that hangs over him day after day. Now the hope of even that has been ripped away from us as best I can tell. Again any knowledge of tactics that we may pursue we desire to know. Since I believe and trust in God, I should not lose any sleep over this and trust He has our well being in sight and by faith I believe that only good will come from this that is His promise to turn everything that was meant for evil to be turned into a blessing instead (very loose paraphrasing from the book of Romans I think) Still hoping in spite of feeling hopeless. Yours truly momshoaf

 

[maxximom]

I feel very sorry for what has happened with you and the Phen Phen lawsuit. I have been involved for sometime with a lawsuit. I was not able to "opt out" because of my age (70 at the time of surgery) the terms of the Wyeth suits are very involved..The class action counts the day of surgery..not the time of diagnosis as the valid time..I would of course been able to claim a different amount of damages had I been one year younger. The class action has different Matrix's and you have to qualify within certain paramiters. I am on one of the highest list..because I have had Valve replacement. The only other class over mine are for people that have died or have had strokes etc.Because there are so many claims.. it is doubltful that anyone will receive any money for many years..if at all..since the trust says it has run out of money. The Judge in charge has ordered more funds to be released..but Wyeth has contested that order. It is very involved and I am probably not explaining it well or acurately. If you want..please feel free to email me and I will try to explain it better.
Joan
AVR and Triple bypass Sept 23,2001 Duke University Medical Center, Dr Donald Glower. St Judes Toronto Stentless Porcine Valve

 

[Yaps]

My husband took redux

My husband took redux

and I to feel he was cheated out of life. We did the attorney thing until they said no-go as he has severe sleep apnea which wyeth claims can cause ph..well my husband has ph, everything has been done for his health..I gave up trying to sue, I spent my energy just trying to keep him alive. It was very bad until they got him on the correct meds,.. know of some who have won..many thatve died, and many are simply praying .
I dont know what else to say except it seems that something could be done. Have you attempted with any other attorneys?
But Im afraid that comglomerates such as wyeth may always have the upper hand.. and so many do suffer.
Ok ..I will stop now.. ( still have residue anger I guess)love yaps

 

[maxximom]

I don't know if you have seen the settlement website.maybe it can answer some of your questions.Of course it probably won't help..but you DO need an attorney who is involved in the class action and all the paperwork and Echo's have to have been in by certain deadlines. It will be a long time before many of see any money. Allan and I are retired and on a very fixed income..we have been hoping that there might be some settlement in our lifetime..it sure would be a big help to us as we further age and may need future care. I would hate to burden our children.
The website is:www.settlementdietdrugs.com
Good Luck
Joan

 

[momshoaf]

thanks for your input

thanks for your input

Shoot I just finished typing a long post and went to send it out but I had this wireless laptop angled just at the wrong fraction of an inch off and I got that action canceled page and lost all that I just had endeavored to do. Just another stab at having to endure living in this old metal box of a mobilehome because the metal walls interferes with transmission. I was so relieved at finishing typing then anxious to have just found my baby had gotten into the bathroom with the door closing behind her. Seeing the door shut makes me assume she is out of harms way (like drowning in the toilet) but instead the opposite was going on. Now I have to try and recalll what I had wanted to say.
First I do want to thank all of you for your posts. I am shocked but not surprised that some of you have said that the fund is supposedly out of money. It is so obvious that Wyeth(forgot how to spell it) with all their money have finagled a way to minimalize their liabillity with the same greed and disregard that let them put pills known to cause the damage they did, on the market(and lying to the FDA about the truth too from what I understand came out in the courtroom-thats what I heard). For me I believe that I did have a small window of opportunity to opt out and be represented individually but it was such a small window and then without warning that door was slammed shut on Jan 3, 2002 saying that from then on only echos first diagnosing damage that were done AFTER sept 30, 99 were going to be allowed to pursue individual cases. It never gave me enough time to find a Dr. to take me seriously enough and an attorney. By the time I found the one I am dealilng with now, it seems I was too late. For me, tending to the daily activities of life is like doing it while wading through molasses. Sometimes I will spend a couple of weeks at a time never getting even one thing done on my "to do" list. I just cant conjure of the strength. The very thing that is my complaint against Wyeth is the very thing they wound up using against me. They were able to get the "statute of limitations" into such a narrow timeframe, I never was able to jump on the band wagon quickly enough. Its not like I just sat around and did nothing, moving through molasses is soooooooooooooooooooooo slow going. well I have to go, baby is flailing at my feet in the despair of ignoring her. more later.