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Seventh Amendment to Nationwide Diet Drug Settlement Receives Final Judicial Approval

26 May 2006

Wyeth (NYSE: WYE) today announced that the Seventh Amendment to the Nationwide Diet Drug Settlement has received final judicial approval.


"Final approval of the Seventh Amendment is an important milestone in our broader effort to resolve the diet drug issue," says Lawrence V. Stein, Senior Vice President and General Counsel of Wyeth.


Executed in May 2004, the Seventh Amendment to the Settlement Agreement will create a new claims processing structure and payment schedule for Matrix Level I or II claims, the least serious but most numerous claims in the Settlement.


The Seventh Amendment includes the following key terms:


- The Amendment creates a new Supplemental Fund to be administered by a


Fund Administrator appointed by the District Court. Wyeth will


ultimately deposit a total of $1.275 billion, net of certain credits,


into the Supplemental Fund. Under the terms of the Seventh Amendment,


Wyeth will deposit $400 million into the Supplemental Fund by May 23.


This brings its total contribution to date to $425 million. The


remainder of the $1.275 billion will be deposited into the Fund as


needed by the Fund Administrator.


- All participating matrix Level I and II claimants who qualify under the


Seventh Amendment, who pass the Supplemental Fund's medical review and


who otherwise satisfy the requirements of the Settlement, will receive a


pro rata share of the $1.275 billion Supplemental Fund, after deduction


of certain expenses and other amounts from the Supplemental Fund. The


pro rata amount will vary depending upon the number of claimants who


pass medical review, the nature of their claims, their age and other


factors. A Seventh Amendment participant who does not qualify after


medical review will be paid $2,000 from the Supplemental Fund.


- Participating class members who might in the future have been eligible


to file Level I and Level II matrix claims will receive a $2,000 payment


from the Settlement Trust; such payments will be funded by the Company


apart from its other funding obligations under the national settlement.


- If the participants in the Seventh Amendment have heart valve surgery or


certain other more serious medical conditions by December 31, 2011, they


will remain eligible to submit claims to the existing Settlement Trust


and be paid the current matrix amounts if they qualify for such payments


under terms modified by the Seventh Amendment. In the event the


existing Settlement Trust is unable to pay those claims, Wyeth will


guarantee payment.


- All class members who participate in the Seventh Amendment give up any


further opt-out rights. The Seventh Amendment also precludes any


lawsuits by the Trust or the Company to recover any amounts previously


paid to class members by the Trust, and terminates the Claims Integrity


Program as to all claimants who participate in the Seventh Amendment.


Wyeth is one of the world's largest research-driven pharmaceutical and health care products companies. It is a leader in the discovery, development, manufacturing, and marketing of pharmaceuticals, vaccines, biotechnology products and nonprescription medicines that improve the quality of life for people worldwide. The Company's major divisions include Wyeth Pharmaceuticals, Wyeth Consumer Healthcare and Fort Dodge Animal Health.

Source: prnewswire


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