In Covington, Kentucky, yesterday, the phen-fen jurors heard from the second defense witness. Following William Gallion to the stand, Atlanta-based class-action-lit expert Richard Robbins testified that Gallion, Shirley Cunningham, Jr., and Melbourne Mills, Jr., were bound by their agreement with American Home Products not to discuss details of the settlement. If they’d ignored the confidentiality clause and let details of the settlement become public, Robbins claimed, they could have been fined. Horrors, right?
Robbins testified Monday that the judge decides if and when clients are notified in a class action. “It is the judge’s responsibility to decide when notice should be given and what that notice should consist of,” Robbins said.
Three lawyers for American Home Products had testified earlier in the trial that the $200 million settlement was for only 440 people and was not meant to settle future claims brought by people who had taken fen-phen but were not part of the 2001 Boone Circuit Court lawsuit.
But Robbins, after reviewing transcripts, depositions and court documents related to the 2001 case, said he doesn’t understand how American Home Products could say the $200 million settlement was strictly for the 440 clients. Documents indicate that American Home Products said the 440 people who took the drug were entitled to $30 million to $50 million.
Instead, the pharmaceutical company paid $200 million. Why would the company pay an additional $150 million, if it was not to pay for future claims?
“They were buying peace in Kentucky,” Robbins said. …
Maybe for AHP it worked that way, but not for its trading partners. “A diddly fine” must look better and better as the defendants’ perspective lengthens. As they sit mulling that, a jury contemplates the $105 million they ended up with, compared to their clients’ $74 million and the heart charity’s $20 million . . . nope, this “bargain” bought no peace at all.
Folo’s lotus, an Expert Blogger , is posting and reporting daily on Kentucky’s trial of Lawyers greed in the Phen-Fen class action lawsuit brought by the State of Kentucky.
(No I have not lost it) In researching how one becomes an expert that The Court will accept in testimony as The Class Action Attorney expert is in this case, one only has to have their name mentioned in print 3 times as an expert and you are then out there for hire. While researching Phen-Fen all I could find was where I had posted on Folo but expert was never mentioned, will have to work on that. There is big news in Kentucky today, appears someone read a John Grisham book are watched the movie.
See the new post (that JD helped me spell), mag. You OUR expert, darlin’.
Are we sure it was a class action? Sounds instead like a joinder action in which a judge would not control client communications as he would in a class action. Even in a class action a lawyer can talk to a class member with questions, I think.
ItsAboutTime//It was a class action with a greed not seen since the Gold Rush. The lawyers have been in jail for a year. It’s a great read, and today the JURY has told the Judge they believe someone is following them at lunch to Easedrop on their conversations.