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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 L itigation, MDL Do cket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. (more…)

PHILADELPHIA – A claimant against the American Home Products National Settlement opposes the Settlement Trust in a show cause proceeding, arguing that her submission of two additional cardiologists’ opinions that she suffers moderate mitral valve insufficiency rebuts the trust’s fin ding that her attesting physician had no reasonable medical basis for the claim (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, (more…)

PHILADELPHIA – An unsuccessful claimant on June 15 said the judge supervising the American Home Products National Settlement has incrementally redefined the settlement ag reement to make it more difficult for those claiming injury from Wyeth’s diet drugs to receive benefits (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, Gay Patterson and Kenneth Patterson, Appellants, 3rd Cir. No. 07-1957; See March (more…)

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 Dock et No. 1203, Sheila Brown, et al. v. American Home Products (more…)

PHILADELPHIA – The judge supervising the American Home Products National Diet Drug Settlement on July 10 denied a Wyeth motion and ordered the Settlement Trust to pay benefits to a claimant whose use of the drugs Wyeth contested (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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PHILADELPHIA – A claimant whose injury is worth $462,103 should not be penalized by the American Home Products Se ttlement 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, (more…)

PHILADELPHIA – An unsuccessful matrix claimant has objected to allowing decisions by a trust auditor to stand, saying the trus t and the auditor have not been candid with the court about the circumstances surrounding the cardiologist’s lapsed board certification (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. (more…)

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 (more…)

PHILADELPHIA – The judge supervising the American Home Products (AHP) National Settlement has awarded $3 47,121 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, (more…)

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 Do cket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, (more…)