LexisNexis® Mealey's™ Fen-Phen/Redux Legal News
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Judge Says Dispute Over Cause Of PPH Is An Issue Of Fact
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PHILADELPHIA - Although a diet drug user must offer a reasonable scientific basis to assert a claim of primary pulmonary hypertension (PPH), it is not the role of the diet drug multidistrict litigation court to make a finding of fact on the relative credibility of the plaintiff's and Wyeth's experts, the MDL judge held Nov. 30 (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; Kathryn A. Decker, et al. v. Indevus Pharmaceuticals Inc., et al., No. 06-4461, Mass. Super.; 2007 U.S. Dist....
Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Special Master Recommends PPH Plaintiff Not Be Allowed To Pursue Claims At Trial
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PHILADELPHIA - The diet drug special master on Dec. 31 recommended against allowing a plaintiff to assert primary pulmonary hypertension (PPH) at trial in the Philadelphia Court of Common Pleas, saying it is a settled claim because the plaintiff failed to rule out primary cardiac disease as a cause of her elevated pulmonary arterial pressure (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa., Nancy Cochran v. Wyeth, et al., No. 000275, Pa. Comm. Pls., Phila. Co.; See December 2007, Pag...
Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Court Redefines Special Master's Responsibilities
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PHILADELPHIA - Now that Special Master Gregory P. Miller has gone into the private practice of law with Philadelphia's Drinker, Biddle & Reath, the judge supervising the diet drug multidistrict litigation has issued an order resolving potential conflicts between the special master's new and continuing responsibilities (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; 2007 U.S. Dist. LEXIS 88962; See September 2007, Page 16).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Improper Opt-Out Suit Ruled A Bar To Woman's Settlement Benefits Petition
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PHILADELPHIA - The judge supervising the diet drug multidistrict litigation has ruled that a claimant's failure to withdraw an improper opt-out suit against Wyeth was dismissed with prejudice, precluding her from later seeking settlement benefits (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; 2007 U.S. Dist. LEXIS 91175).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Judge Rules Claimants Properly Sought Entry Into Show-Cause Proceeding
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PHILADELPHIA - The judge supervising the American Home Products National Settlement has ruled that two claimants may proceed to a show-cause proceeding to argue for payment of claims approved nearly four years ago but later withdrawn (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Class Counsel Says Settlement Echo Criteria Were Chosen As Generous
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PHILADELPHIA - Class counsel has responded to three unsuccessful pro se claimants, saying that the echocardiogram criteria in the American Home Products National Settlement Agreement were chosen as the most likely to demonstrate compensable injury levels for most claimants and that other methodologies would not have yielded a better result for the three objectors (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See December 2007, Page 11).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Law Firm Attacks New Program Notice As Insufficient To Class
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PHILADELPHIA - A Missouri law firm has objected to a jointly proposed procedure that would yield reduced benefits but faster resolution of nearly 90 percent of disputed Matrix claims, saying Court Approved Procedure (CAP) 15 does not provide class members with sufficient notice of how their claims would be handled (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See December 2007, Page 4).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Class Counsel Says Objector Slanders Them, Demonstrates Contempt
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PHILADELPHIA - Class counsel has turned up the heat under a Texas attorney who opposes paying a common benefit fee in the diet drug multidistrict litigation as well as the size of the request for more than $400 million in common benefit fees, saying he has added to his alleged sins slander, contempt and violations of the Federal Rules of Civil Procedure (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See November 2007, Page 8).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
No Jurisdiction Over Italian Fen Manufacturer In Nevada Courts
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SAN FRANCISCO - A federal appeals court has affirmed dismissal of claims against the Italian manufacturer of a fen-phen component used by compounders in the United States, saying removal was proper and the U.S. District Court for the District Court of Nevada to which the suit was removed did not have personal jurisdiction over the firm (Wanda Fisher v. Alfa Chemicals Italiana, et al., No. 05-17402 9th Cir.; 2007 U.S. App. LEXIS 28694; See January 2007, Page 4).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Law Firm May Not Rely On Ratification In Dispute Over Costs
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HOUSTON - A law firm prominent in diet drug litigation may not assert a defense of ratification to claims that the firm charged one group of clients for expenses incurred on behalf of another group, a federal judge has ruled (Sandra Karnes, et al. v. George Fleming, et al., No. H-07-0620, S.D. Texas, Houston Div.; 2007 U.S. Dist. LEXIS 86249).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Magistrate: Eavesdropping Did Not Violate Lawyers' Constitutional Rights
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COVINGTON, Ky. - A federal magistrate judge on Jan. 9 recommended against dismissal of charges against three suspended Kentucky attorneys, saying they had not demonstrated a violation of their constitutional rights that would justify so drastic a remedy (United States of America v. William J. Gallion, et al., No. 2:07-cr-39-WOB; E.D. Ky., Northern Div.; See December 2007, Page 15).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
United States: Drug Warning Claims 'Impliedly Preempted' But Asks High Court To Hold Off
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WASHINGTON, D.C. - The U.S. solicitor general on Dec. 21 told the U.S. Supreme Court that failure-to-warn claims involving a drug are barred by implied preemption, but he urged the court not to take up the case until it issues preemption rulings in separate drug and device cases that are pending (Wyeth v. Diana Levine, No. 06-1249, U.S. Sup.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Supreme Court To Hear Drug Preemption Arguments At Feb. 25 Session
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WASHINGTON, D.C. - The U.S. Supreme Court will hear arguments in its first ever drug preemption case on Feb. 25, the court announced last month (Warner-Lambert Co., et al. v. Kimberly Kent, et al., No. 06-1498, U.S. Sup.; See October 2007, Page 12).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - January 18, 2008 Category: Medical Law Source Type: info
Parties Propose Procedure That Would Resolve Most Claims Held Up By Trust
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PHILADELPHIA - The parties in the American Home Products National Settlement have proposed another procedure that would yield reduced benefits but faster resolution of nearly 90 percent of claims flagged by the Settlement Trust for alleged intentional manipulation of their supporting echocardiograms (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Judge Says Claimant Should Not Pay For Trust's Echo Failure
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PHILADELPHIA - A claimant whose injury is worth $462,103 should not be penalized by the American Home Products Settlement Trust's failure to provide an adequate echocardiogram, nor should the trust be allowed to use that substandard study to assert a reduction factor in the claimant's compensation, the judge supervising the AHP National Settlement has ruled (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Late Echocardiograms Deemed Not To Be 'Excusable Neglect'
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PHILADELPHIA - The judge supervising the American Home Products National Settlement has denied benefits to two women whose private echocardiograms were performed after the settlement deadline; one of the women was suffering from mental illness around the time of the deadline and the other's physician discouraged her from investigating whether the drugs had injured her (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; 2007 U.S. Dist. LEXIS 86924).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Diet Drug Judge Rules Mitral Valve Prolapse Requires Measurements
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PHILADELPHIA - The unsupported conclusion of a trust auditing cardiologist that "there is evidence of mitral valve prolapse" was ruled insufficient to overcome a detailed explanation by an attesting physician of the appearance of the claimant's mitral valve (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; 2007 U.S. Dist. LEXIS 84049).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Reduction Factor Is Binding, Regardless Of Other Echocardiograms
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PHILADELPHIA - The judge supervising the American Home Products National Settlement has ruled that it is not necessary for all echocardiograms to reflect a reduction factor for a claimant to be placed on the B Matrix, where benefits are approximately 20 percent those in the A Matrix (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; 2007 U.S. Dist. LEXIS 85579).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Judge: 2nd Surgery Qualifies Claimant For Additional Compensation
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PHILADELPHIA - The judge supervising the American Home Products (AHP) National Settlement has awarded $347,121 in additional Matrix benefits to a claimant who underwent a second surgery to correct her original valve replacement surgery, overturning the trust's contention that the second procedure was not follow-up surgery as defined in the Settlement Agreement (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Judge Says Trust Must Pay Benefits On Diagnostic Close Call
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PHILADELPHIA - Noting that the trust itself regarded the presence of moderate mitral regurgitation (MR) as a close call, the judge supervising the American Home Products National Settlement has ordered the trust to pay $104,453 in Matrix B benefits to a woman with a variety of reduction factors (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Judge Rules Trust Has Not Made Case For Reduction Factor
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PHILADELPHIA - A former diet drug user who underwent mitral valve replacement surgery has been awarded nearly $700,000 in A Matrix benefits, overturning the trust's contention that she should be paid about 20 percent of that amount based on the reduction factor of mitral annular calcification (MAC) (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; 2007 U.S. Dist. LEXIS 82573).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Judge Says Echo Shows Regurgitation Before Aortic Surgery
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PHILADELPHIA - An echocardiogram taken during surgery to replace a former diet drug user's aortic valve shows her level of regurgitation before surgery, entitling her to benefits, the judge supervising the American Home Products National Settlement has ruled (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Pro Se Claimants Seek Removal Of Class Counsel
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PHILADELPHIA - Three pro se claimants have moved for the removal of class counsel, saying class members asserting claims for mitral regurgitation whose echocardiograms were done by methods other than the color flow Doppler in an apical view specified in the Settlement Agreement constitute an unrepresented subclass (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See February 2007, Page 11).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
PPH Plaintiff Says Pulmonary Pressure Is A Jury Question
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PHILADELPHIA - A plaintiff suing Wyeth for diet drug-induced primary pulmonary hypertension (PPH) says whether her pulmonary arterial pressure (PAH) would meet the requirements of the American Home Products National Settlement to assert the claim, in the absence of a drug she uses to reduce that pressure, is a question for the trier of fact (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Jennifer L. Cueva v. Wyeth, No. 2:04-CV-22451, E.D. Pa.; See November 2007, Page 12).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Wyeth Says Diagnoses Of PPH Do Not Meet Settlement's Definition
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PHILADELPHIA - Wyeth argues that to allow two plaintiffs whose pulmonary arterial hypertension (PAH) does not meet the settlement's definition of primary pulmonary hypertension (PPH) to go to trial would "render the . . . protections for which Wyeth bargained a nullity" (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Kathryn A. Decker, et al. v. Indevus Pharmaceuticals Inc., et al., Nancy Cochran v. Wyeth, et al., No. 000275, Pa. Comm. Pls., Phila. Co.; See November 2007, Page 11).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Wyeth Files Motion Saying Plaintiffs May Not Sue The Company
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PHILADELPHIA - Wyeth has moved for dismissal of six diet drug lawsuits, saying the plaintiffs never filed the required forms that would allow them to opt out of the national diet drug settlement to pursue such claims (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Trial Is Postponed For Jailed Kentucky Attorneys Pending Evidentiary Probe
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LEXINGTON, Ky. - A judge has postponed trial for three jailed Kentucky attorneys to hold an evidentiary hearing Jan. 7 on the defendants' motions to dismiss charges or suppress evidence they say is the fruit of a breach of the attorney-client privilege (United States of America v. William J. Gallion, et al., No. 2:07-cr-39-WOB; E.D. Ky., Northern Div.; See November 2007, Page 14).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Judiciary Committee Airs 'Preemption By Regulation'
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WASHINGTON, D.C. - Sen. Patrick Leahy, D-Vt., recently accused the Bush administration of abusing executive authority by attempting to impose federal preemption on legal claims through agency regulations.
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - December 8, 2007 Category: Medical Law Source Type: info
Unsuccessful Claimant: Diet Drug Settlement Is Unfair To Obese People
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PHILADELPHIA - The American Home Products National Settlement as amended and interpreted by the supervising judge discriminates against obese persons and runs counter to accepted medical practice, an unsuccessful claimant argues to the Third Circuit U.S. Court of Appeals (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Mary Schrodi v. AHP Settlement Trust et al., No. 07?2943, 3rd Cir.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Trust Ordered To Pay $1.2 Million To Woman's Estate
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PHILADELPHIA - The plain language of the American Home Products National Settlement says a pathologist's exclusion of rheumatic heart damage is dispositive, the judge supervising the settlement said in ordering the trust to pay $1.2 million to the estate and surviving husband of a woman who died in 2002 (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Trust Must Accept Claimant's Registration Despite Late Filing
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PHILADELPHIA - A law firm's failure to place a class member's registration for benefits in the mail by the deadline for registration was excusable neglect, the judge supervising the American Home Products National Settlement has ruled, and the trust must register her despite the tardiness (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Objecting Claimant Will Get New Audit, Judge Rules
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PHILADELPHIA - The judge supervising the American Home Products National Settlement has resolved conflict over a trust auditor's lapse in board certification for cardiovascular disease by ordering a new audit for the unsuccessful Matrix claimant who objected and allowing to stand the audits of 65 claimants who did not object (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See October 2007, Page 8).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Class Counsel Says Objectors Lack Standing, Misconstrue Fee Petition
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PHILADELPHIA - Class counsel argues that objectors to its petition for a final award of more than $400 million in common benefit fees lack standing to object and misconstrue the law behind such fees and an agreement class counsel reached with more than 50 law firms that allowed the petition to go forward (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See October 2007, Page 6).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Class Counsel Says Lawyer Seeks Share Of Fee He Opposes
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PHILADELPHIA - Class counsel says a Texas attorney who opposes paying a common benefit fee in the diet drug multidistrict litigation (MDL) has filed a lawsuit seeking to obtain a stake in another law firm's share of that very fee (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See October 2007, Page 8).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Class Counsel Says Wyeth Changes Position On Test For PPH
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PHILADELPHIA - Class counsel has weighed in on behalf of two plaintiffs asserting claims of primary pulmonary hypertension (PPH), saying Wyeth has reversed the position it took when it originally urged approval of the national diet drug settlement (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Kathryn A. Decker, et al. v. Indevus Pharmaceuticals Inc., et al., No. unknown, Nancy Cochran v. Wyeth, et al., No. 000275, Pa. Comm. Pls., Phila. Co.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Special Master Says Measurements Needed To Assert PPH Claim
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PHILADELPHIA - A plaintiff suing Wyeth for primary pulmonary hypertension (PPH) may not rely on the unsupported statement of a physician that but for her use of medication to reduce her pulmonary arterial pressure (PAP), she would meet the requirements of the National Settlement to assert the claim, the diet drug special master has recommended (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Jennifer L. Cueva v. Wyeth, No. 2:04-CV-22451, E.D. Pa.; See September 2007, Page 8).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Judge: Echo Fee Dispute Will Remain In Louisiana
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NEW ORLEANS - A dispute over $123,375 between a company that performed diet drug-related echocardiograms and a Dallas law firm it worked for will remain in the U.S. District Court for the Eastern District of Louisiana despite the defendant law firm's attempt to transfer venue (Southern Imaging LLC, et al. v. Victor L. Terry, et al., No. 07-3741 Section: "A" [5], E.D. La.; 2007 U.S. Dist. LEXIS 80749).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Mississippi Fen-Phen Lawyer Sentenced To 78 Months For Part In Claims Scam
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JACKSON, Miss. - A Mississippi plaintiff attorney has been sentenced to 78 months in federal prison and ordered to forfeit $750,000 for his role in the submission of fraudulent fen-phen claims on behalf of clients in a mass settlement (United States of America v. Robert C. Arledge, No. 5:06-cr-18 [DCB] [JCS], S.D. Miss., Western Div.; See April 2007, Page 12).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
U.S. Attorney Says No Breach Occurred Of Attorney-Client Privilege
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LEXINGTON, Ky. - The U.S. attorney pressing charges against three jailed Kentucky attorneys who defrauded more than 400 diet drug clients of at least $42 million says there has been no breach of the attorney-client privilege because the prosecution team was insulated from disputed evidence by a "taint team" of lawyers not directly involved in the case (United States of America v. William J. Gallion, et al., No. 2:07-cr-39-WOB; E.D. Ky., Northern Div.; See October 2007, Page 11).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - November 10, 2007 Category: Medical Law Source Type: info
Special Master Says No To Wyeth's Designation Of A New Medical Expert
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PHILADELPHIA - Wyeth should not be allowed to designate a new expert to opine that systemic sclerosis, and not its diet drugs, caused a plaintiff's pulmonary arterial hypertension (PAH), the special master supervising the multidistrict litigation says in a Sept. 20 report and recommendation (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Eldifonsa Soliz (Lillian Gomez) v. Wyeth, No. 2:004-cv-27321, E.D. Pa.; See June 2007, Page 6).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Wyeth: Illegal Use Dooms Plaintiffs' Pondimin Claims
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PHILADELPHIA - Wyeth says allegations of corporate wrongdoing cannot rehabilitate claims doomed by a deceased plaintiff's illegal use of his wife's Pondimin (Ragena J. Mize Crowe, et al. v. American Home Products Corporation, et al., No. 07-CV-20002-HB, E.D. Pa.; See September 2007, Page 7).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Wyeth Seeks Dismissals Based On Plaintiffs' Failure To Opt Out
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PHILADELPHIA - Wyeth has filed motions to dismiss three lawsuits filed before approval of the national diet drug settlement, saying the plaintiffs are prohibited from suit because they failed to exercise opt outs required by the settlement (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Elizabeth A. and Bradley D. Bayliss v. A.H. Robins Inc., et al., No. 00-20434, Gary S. and Judy Miller v. Wyeth-Ayerst Laboratories, et al., No. 00-20435, Patricia and Joel Weiner v. American Home Products Corp., et al., No. 99-20614, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Wyeth Tells Court Missing Physician Dooms PPH Claims
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PHILADELPHIA - Saying the plaintiffs have failed to identify a prescribing physician nearly a year after fact discovery closed, Wyeth has filed for summary judgment against plaintiffs asserting that use of its diet drugs caused primary pulmonary hypertension (PPH) (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Caroline Quesada and Manuel Quesada v. American Home Products, et al., No. 05-25778, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Judge Says Objectors May Take Deposition Of Class Counsel Representative
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PHILADELPHIA - Two law firms that object to class counsel's petition for a final award of more than $400 million in common benefit fees have won limited discovery into an agreement among major players that resulted in a steep discount in the common benefit assessment for a group of law firms with large diet drug case inventories (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See September 2007, Page 6).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Texas Attorney Renews Objection To Assessment, Common Benefit Fee Request
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PHILADELPHIA - A diet drug attorney whose conflict of interest allegation regarding the distribution of common benefit fees was dismissed as premature but obtained a sympathetic concurring opinion in the Third Circuit U.S. Court of Appeals has renewed his objection before the district court to the massive application for a final award of common benefit fees and costs (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See April 2005, Page 6).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Parties Say Lapse In Auditor's Certification Was Inadvertent, Harmless
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PHILADELPHIA - Wyeth, class counsel and the American Home Products (AHP) Settlement Trust respond that a trust auditor's lapse in board certification for cardiovascular disease was an inadvertent and harmless mistake that does not entitle a woman to Matrix benefits (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See August 2007, Page 8).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
Jailed Kentucky Lawyer Says Federal Prosecutors Spied On Strategy Sessions
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LEXINGTON, Ky. - One of the three jailed Kentucky diet drug attorneys alleges that the FBI violated his rights and those of his co-defendants by directing an assistant to take notes of legal strategy sessions and possibly to record them secretly (United States of America v. William J. Gallion, et al., No. 2:07-cr-39-WOB; E.D. Ky., Northern Div.; See September 2007, Page 14).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
1st Drug Preemption Case Granted Certiorari By U.S. Supreme Court
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WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 25 agreed to hear its first case on the issue of federal preemption of drug product liability claims (Warner-Lambert Co., et al. v. Kimberly Kent, et al., No. 06-1498, U.S. Sup.).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
FDA Chief Counsel Leaves To Re-enter Private Practice
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WASHINGTON, D.C. - Food and Drug Administration Chief Counsel Sheldon Bradshaw left the agency Sept. 13 to take a position with Hunton & Williams in Washington, D.C., according to the agency and the law firm.
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - October 12, 2007 Category: Medical Law Source Type: info
AHP Trust Defends Denial Of Benefits In Matrix Claim Appeal
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PHILADELPHIA - The trust administering the American Home Products National Settlement says it and the supervising judge were correct to deny Matrix compensation to a claimant because she does not have the requisite degree of valvular regurgitation (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, Gay Patterson and Kenneth Patterson, Appellants, 3rd Cir. No. 07-1957; See July 2007, Page 4).
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Source: LexisNexis® Mealey's™ Fen-Phen/Redux Legal News - September 14, 2007 Category: Medical Law Source Type: info
