3rd Circuit Upholds 6th Amendment, Limiting Options for Opt-Outs

PHILADELPHIA - Protections granted to Fen-Phen class members in the event of the settlement fund's insolvency were fair and reasonable, the 3rd Circuit ruled in rejecting challenges to the settlement agreement's Sixth Amendment. In re: Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine), Nos. 03-2025, 03-2063 and 03-2072 (3rd Cir.).

The U.S. District Court for the Eastern District of Pennsylvania approved the Sixth Amendment (PTO 2778) after plaintiffs expressed concern that the settlement fund would be depleted before matrix claimants could be paid. Under the original settlement, claimants could seek compensation from the original $3.75 billion fund until 2015 if they exhibit heart-valve problems or …