Aortic or Mitral Valve Regurgitation: 2003 Tips for Fen Phen Matrix Claimants

Brown v. American Home Products Corporation Diet Drugs

This is the court's approval of the settlement in the Fen-Phen class action products liability case. The very long opinion details the history of the drugs, the procedural background of the litigation, the evidence as presented by parties in their motions before the court, and the rationale for approving the settlement. This litigation involves claims regarding the health effects of two related prescription drugs - fenfluramine and dexfenfluramine. Fenfluramine is an appetite suppressant that affects blood levels of the neurotransmitter, serotonin. Dexfenfluramine, the "d-isomer" of fenfluramine, is chemically related to fenfluramine and acts as an appetite suppressant by stimulating the release of serotonin from nerve cells in the brain and by reducing the reuptake of the released serotonin. In 1973, The United States Food and Drug Administration ("FDA") approved A.H. Robins, Inc.'s new drug application to market fenfluramine in the United States. After the Dalkon Shield litigation settlement, the assets of Robbins - including fenfluramine were acquired by American Home Products (AHP). AHP had the exclusive right to market fenfluramine (trade name - Pondimin) in the U.S. until 1997. Sales of Pondimin were relatively flat until 1992, when the regimen popularly known as "Fen-Phen" was developed. With the introduction of "Fen-Phen" therapy to the market place, sales of Pondimin skyrocketed. From January 1995 to mid-September 1997, approximately 4,000,000 persons in the United States took the drug Pondimin. Dexfenfluramine was developed by Les Laboratories Servier S.A. ("LLS") in France. The drug afforded the same anorexic effects as Pondimin without the need to add phentermine to ameliorate adverse side effects. Before 1994, the Lederle Division of American Cyanamid Company had the right, together with Interneuron Pharmaceuticals, Inc., to develop and promote dexfenfluramine in the United States under the trade name "Redux." In 1994, AHP acquired American Cyanamid. Following that acquisition, responsibility for the development and promotion of Redux in the United States in conjunction with Interneuron was assumed by AHP. Interneuron received approval to market Redux in the United States in mid-1996. As with Pondimin, sales of Redux were brisk. From June 1996 through September 15, 1997, two million people in this country took Redux.

Fen-phen maker agrees to $3.75 billion settlement

(CNN) -- American Home Products Corporation (AHP), makers of the diet drug combination fen-phen, agreed Thursday to pay $3.75 billion in compensation to thousands of people who used the diet drugs before they were removed from the market in 1997 after being linked to heart valve disease.

"Settling this matter was in the best interest of those who used Pondimin or Redux as well as of the company," said AHP President and Chief Executive Officer John R. Stafford. "We believe that this agreement is a sound way to resolve the claims raised by diet drug users and represents a prudent course for our company. It offers peace of mind to those who used the drugs and permits the company to move beyond the uncertainty and distractions of litigation."

Fen-Phen Fee of $567 Million

In April 1999, Wyeth, the PMC, and a coalition of counsel involved in the state court class actions began to negotiate a nationwide settlement. On November 18, 1999, they executed an elaborate settlement agreement (the “Settlement Agreement”) that contemplated a series of options for class members.6 At the outset, class members could obtain an echocardiogram at Wyeth’s expense, to determine if they suffered from VHD, or they could exercise an initial opt-out from the settlement and pursue their claims in separate tort cases. Class members who chose not to take the initial opt-out and were diagnosed with VHD would have a second choice to make: they could receive a cash and medical services benefit or exercise an intermediate opt-out from the Settlement Agreement,
 

Judge resigns in Ky. fen-phen scandal

Last May 10 we reported on the questions that were being asked about a sealed settlement of Kentucky fen-phen claims which had included (along with vast sums in legal fees) the quiet diversion of $20 million into a mysterious new charitable entity called the Kentucky Fund for Healthy Living. Now the mystery has turned to scandal: the judge who approved the settlement, Joseph F. (”Jay”) Bamberger has resigned after allegations surfaced that he was serving as a director of the fund, receiving $5,000 a month (three of the plaintiff’s lawyers were also paid directors). The state’s Judicial Conduct Commission said Bamberger’s actions “shock the conscience” and he faced possible removal had he not resigned. Particular attention is being focused on Bamberger’s close ties to Mark Modlin, a trial consultant in the fen-phen case who has had co-investments with the judge. The alleged closeness between Bamberger and Modlin had led to protests from litigants in a number of earlier cases, including a high-profile priest-abuse case against the Catholic Diocese of Covington.

Mistrial declared for 2 lawyers in Ky. fraud case

Charged with taking $65 million, attorneys await new trial from jail.
COVINGTON, Ky. - A judge declared a mistrial Thursday in the case of two lawyers charged with defrauding clients of $65 million in a diet-drug settlement after jurors said they could not reach a verdict.