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Maybe nobody is answering because nobody knows anything. The motion was filed and then that's the last I've heard about it.

You said that you had opted out of the 7th. If indeed that's so, you shouldn't expect to see your DDR# in that recent motion that was signed by the Judge. That motion is about paying people who DID NOT opt out of the 7th. 

CAP 15 is an option presented to those who have failed the Trust audit in the original settlement and are waiting for their claims to go through the show cause process. The show cause process is one in which the court makes a determination as to whether or not someone's claim was wrongfully denied in the audit process. So, if your attorney convinced you that you should opt for CAP 15, that means that your claim must have already failed to pass an original trust audit. 

Cap 15 offered another audit/review using the 7th amendment review process rather than the original trust audit process. Those who opted to be included in CAP 15, (which it sounds like you did) and then happen to pass the 7th review will be paid only 70% of what that claim would have gotten had it passed the original trust audit or prevailed in the show cause process.  Those claims that opted to be included in the CAP 15, whether or not they pass another claim review, would no longer be part of the original trust and would thereafter be Category Two claimants in the 7th amendment.

Last edited by Marie (2008-04-17 07:16:29)

On 4/14/08 thw4runner posted the following

Can anyone answer some questions I have since my DDR # was not on the pacer report that was just signed by the judge?

I have a Pacer account. My question is where do i find my wife's DDR# on the Pacer report. In other words what page and how to I get to the report on Pacer that detailes the  amounts?

Nugget gave me the amounts but was short on the details regarding how to locate the payout amounts on the Pacer website. i tried e-mailing Nugget but his e-mail address seems to no longer be valis.

Any help you or anyone else could be will be greatly appreciated.

Thanks Marie. I have not gotten any e-mail as of this morning. I;ll check again this afternoon. It should be e-mailed to me right? at the address in my profile when I open my account?

marie send the documents as attachments to teh following e-mail address hacave@verizon.net.

thanks,
harold and julia Cave

Got them Marie. Thanks a thanks a bunch.

And??? What were your results? Did you pass?

4runner,
Because of having accepted the CAP 15 deal, you're now considered a categeroy two 7th amendment claimant. Didn't you realize that when you agreed to it?  Because of this, you no longer have until 2015 to file another claim -  that 12/2015 date is only for those with claims still in the original settlement.

Now you only have until either 12/31/2011 OR 15 years after the last date you took the drug, whichever is earlier, and you can never file a level I or II claim again. You can now only file again if it's a higher level claim (surgery etc).

There's no way of knowing how long it's going to be before the claim gets through show cause. No doubt the time was been shortened somewhat because CAP 15 removed a number of the claims waiting from the show cause line up, but it could still take a very long time.

Bill, if you feel you need an attorney, then that's always an option. However, keep in mind that if you do that, then you're probably facing the forfeit of a significant amount of your wife's compensation money (assuming she wins show cause) to attorney fees -possibly as much as 40% in total or maybe even a bit more. As it stands now using only CC, it's only going to be about 6.4%. Remember, if you've got FDA+ damage documented on an echo done by early 2003 (sorry, can't remember the exact date), then you can always file another claim until 12/2015 and still get full compensation if this one doesn't work out in show cause. - that's assumng of course, that she has or will have by then another echo that will be found to qualify.

I'm assuming your wife's matrix claim is for a level II ??  If so, I don't really understand why the auditor would even bother to use the "permanent fix" excuse regarding the qualification of the atrial fib. In order to even use the a-fib as a complicating factor, your wife would have also needed to have an enlarged left atrium to go along with it.  But if she did indeed have that enlarged left atrium, then the a-fib issue would be a moot point as far as qualifying goes, since the atrium can stand alone as the only required complicating factor.  The a-fib, on the other hand, would require that association of an enlarged left atrium to qualify as a complicating factor.

So, did she have an enlarged left atrium on that echo which was audited and if so, did the auditor find that it qualified as such??

Bill,
Those figures you posted don't say anything about the left atrium and what they do say looks like the left ventricle wouldn't qualify for a complicating factor.

And you're right - AHP/Wyeth isn't paying for pacemaker surgery. The only surgery they've taken responsibility for is valve repair/replacement...and then only under certain conditions.

Again, I really haven't a clue when your wife's claim might be finished with the show cause process. It could be any day, it could be months, it could be years. They don't seem to be in any hurry in getting them all wrapped up and over with.  At the time  CAP 15 was announced, they had something like 170 show cause claims that had already been reviewed and denied by a technical advisor - and as far as I know, all or most of those are just still sitting there in limbo waiting for an official denial from the court all these many months later.

Good luck to you. I'm sure this long wait has been horrible and I wish I had the information you're looking for, but I just don't. Sorry.

Marie, talked to attorney, who said that in order to do anything for my wife, the Judge would have to get off the cases he is setting on (show cause) and either approve or disapprove before I needed to hire an attorney to re-submit a green form w/proof of moderate valve damage....so far she has not heard anything since returning the opt out of 15th amendment, and is still in show cause.   How long does this last? Christmas season us upon us and Judges don't work during the holidays....Help.