Fen Phen Settlement: 2003 Update on Fen Phen Deadlines
Ex-lawyer wants Fen-Phen appeal heard
Fen-Phen was a prescription diet
drug pulled from the market in 1997 after research
revealed it could cause heart problems.
Federal prosecutors say Arledge
knowingly allowed clients to make claims of about
$250,000 each, even though they had no legitimate
health problems caused by the drug.
Supreme Court lets Third Circuit ruling on fen-phen
evidence stand.
The Supreme Court recently
declined to hear an appeal involving a fen-phen
class action and let the Third Circuit's ruling
stand, allowing plaintiffs to use evidence that the
trial court had found to be barred under the terms
of a prior settlement-agreement. (In re Diet Drugs
Prods. Liab. Litig., 369 F.3d 293 (3d Cir. 2004).)
As part of a multidistrict class
action settlement between users of two appetite
suppressants--fenfluramine (Pondimin) and
dexfenfluramine (Redux Refers to being brought back,
revived or restored. From the Latin "reducere."
)--and the drugs' manufacturer, Wyeth, Inc., class
members could opt out of the agreement at different
stages. If they opted out initially, they could
pursue remedies elsewhere with no restrictions.
Class members who opted out later could pursue their
claims separately but were prohibited under the
agreement from seeking punitive damages Monetary
compensation awarded to an injured party that goes
beyond that which is necessary to compensate the
individual for losses and that is intended to punish
the wrongdoer.
Court upholds FDA’s Ephedra Ban
A federal appeals court has upheld
a ban on the weight loss supplement ephedra issued
by the Food and Drug Administration. The Colorado
court’s decision overturned a ruling by a judge in
Utah that temporarily overturned the ephedra ban.
Ephedra, also known as ma huang,
was marketed as a supplement for weight loss and
sports performance. Some supplements containing
ephedra were marketed as “herbal Fen Phen” after the
diet drug combination was taken off of the market in
September 1997.
Fen-Phen
Patients Win Right To Seek Free Exams, Says Leeds
and Colby; Landmark Ruling In Favor of Victims
Granted by Third District Court of Appeals.
MIAMI, Dec. 29 /PRNewswire/ --
Patients who filed a state-wide class action suit
against the manufacturers and sellers of the diet
drugs, Fenfluramine and Phentermine (Fen-Phen) won a
landmark ruling by the Florida Third District Court
of Appeals. The December 22 ruling allows former
Fen- Phen patients the right to pursue free
follow-up exams to check for possible health
problems related to the use of those drugs even if
they currently exhibit no signs of illness.
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