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Fen-Phen (or Phen-Fen)
Fen-Phen refers to the combination of fenfluramine or dexfenfluramine with
phentermine. Fen-Phen was marketed in the 1990's as a weight loss solution.
In the summer of 1999, the Mayo Clinic announced that 24 patients had developed
heart valve disease after taking Fen-Phen. Under pressure from the FDA and the
public, the manufacturer of the drugs (Pondimin and Redux), American Home Products
Corporation, withdrew them from the market. Thousands of individual lawsuits
and multiple class-actions were filed in federal and state courts across the
country. In late 1997, all federal Fen-Phen cases were transferred to Pennsylvania
to better coordinate pre-trial proceedings through a multi-district litigation.
Under federal law, most people are automatically included in the nation-wide
class action settlement that resulted, unless they chose to "opt out". This
means that individuals with valid claims could only seek pre-defined compensation
unless they filled out a form and submitted it to the court-specified address.
The initial "opt out" deadline has passed. However, the settlement agreement
contains an intermediate "opt out" deadline and a "back-end opt out" period
for individuals meeting certain requirements. As a result, you may still have
the right to pursue an individual lawsuit for the full amount of compensatory
damages as well as punitive damages against American Home Products Corporation.
If you or a loved one is in need of legal assistance, call
Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P.
at (212)-354-6800 or toll free 1-888-LAW-1744, 347-577-9440
or submit an online questionnaire. Our firm
offers a free case evaluation and our dedicated team can help you understand
your legal rights and obtain the compensation you are entitled to.
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