Settlements and Class Actions

Settlements

FEN-PHEN SETTLEMENT NEARS (September 20, 1999)

Exciting new developments in the Fen-Phen litigation are occurring at this very time. Announcements in major news media including the New York Times on September 19, 1999 and the Star Ledger on September 16, 1999 document the multi-billion dollar settlement negotiations plaintiff's attorneys are negotiating with attorneys representing American Home Products (AHP), the maker of Pondimin and Redux, the weight drugs blamed for often serious heart valve injuries, and life threatening lung injuries.

According to the New York Times article, AHP would set up a $2.8 billion dollar fund for people who have developed injuries from taking Fen-Phen. An additional $1.2 billion is being considered as a fund to provide medical monitoring for people who have taken the diet drugs, but who have not yet shown an injury.

The settlement negotiations do not include the plaintiffs who have alleged Primary Pulmonary Hypertension, an often fatal lung condition. Per the New York Times article of September 19, 1999, those cases were not included in the agreement, and that AHP would have to settle them separately.

Per the Star Ledger article of September 16, 1999 the settlement talks are very active. "It's hot" said one person familiar with the talks. It could be $5 billion to $6 billion or maybe more.

Per the New York Times article, awards from the settlement are expected to range from $125,000 to $1.5 million. People who are young with a high degree of injury would receive more money.

AMERICAN HOME PRODUCTS CORPORATION SETTLES PPH CASE (April 6, 1999)

On March 17th American Home Products settled the case of Mary Perez for a confidential amount. The case was scheduled to go to trial within the week. Details of the settlement are not available, however Bloomberg News reported in a March 17th story that people familiar with the case indicated it most probably settled in excess of $4 million dollars.

Class Actions

WEST VIRGINIA JUDGE CERTIFIES STATE WIDE CLASS ACTION FOR MEDICAL MONITORING

County Circuit Court Judge Fred Risovich, certified a medical monitoring class stating "Because of the need to protect the West Virginians whose lives and health may be altered by their exposure to defendant's drugs, the Court find that the acceptance of a medical monitoring remedy that will prevent injury and death is a far better remedy than the 'in retrospect' damages award urged by the defendants in the name of judicial economy and 'reasonable certainty.'"

The judge observed that recognition of a claim for medical monitoring is consistent with West Virginia law, and that numerous other courts in other states had recognized a claim for medical monitoring damages.

REDUX® CLASS ACTION

If you have taken Redux® you may also be eligible to participate in the Interneuron Class Action Settlement. Deadline for filing in this class action is April 26, 1999. Contact us for further information.

Trials Scheduled

DIET DRUG TRIAL: April 12, 1999

The first diet drug trial in Harris County, Texas, is scheduled for the above date. This is to be followed on July 26th by a second trial. Both trials are to take place in Harris County, Texas. The trial in the death case of Mary Linnen who died from taking Pondimin® is scheduled for November 1st in Middlesex County, Mass.

Attorneys representing the survivors of the deceased, Mary Linnen claim to have strong evidence that Pondimin® was the cause of her death and that the manufacturer failed to report cases of pulmonary hypertension related to Fenfluramine. They under reported cases and actually had 37 reports of PPH and reported only 4 cases.

California Fen-Phen Litigation Associates
2300 Bell Executive Lane
Sacramento, California 95825-4068

Tel: (916) 929-6000
Fax: (916) 929-5137
E-mail: fen-phen@fen-phen-associates.com