Published by Kip A. Petroff, Attorney At Law, Dallas, Texas.

Wonder if it’s worth complaining? How seven complaints in Fargo, North Dakota resulted in the largest and most expensive drug recall in American History.

Posted 8-11-14 My last blog urged consumers to speak up about defective products. Consumers are the ones with the most information, but when faced with the task of actually filing a report, some are understandably hesitant. It’s the same kind of reluctance that keeps many well-minded citizens from voting: “Why bother? My opinion will never .... read more
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Fight Back Against Bad Products: Let Your Voice Be Heard

Posted 7-30-14 My last blog pointed out that safety and health products are, all too often, deceptively dangerous. In combination with automobiles, the US has had a total of more than  fifty million faulty products recalled in just the first 7 months of this year. That’s more than 200,000 a day! How can anyone say this is .... read more
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America’s Defective Products Crisis is Getting Worse

Posted 7-1-14 Two months ago I wrote about “America’s defective products crisis,” but new information, as well as products liability developments since my last blog, have made it clear the problem is bigger than I anticipated. In the past two months alone, millions of additional motor vehicles and dozens of other defective products have been recalled for public safety .... read more
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The current state of fen-phen cases

Fifteen years after fen-phen was pulled off the market, there continue to be new claims filed. These cases generally fall into two broad categories: (1) cases that are part of the Nationwide Class Action Diet Drug Settlement Agreement and (2) cases that fall outside the Settlement Agreement. I’ll explain the difference below. Cases within the .... read more
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The Diet Drug Checklist (what we learned from fen phen)

My last two posts provided background information on diet drugs in general, and some specifics on Belviq and Qsymia.  If you are considering taking either of these drugs, or for that matter, any newly approved FDA drug, here are some things you should consider. This checklist is based on what I have learned from my .... read more
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FDA Approves 2 New Diet Drugs, another Fen-Phen?

Hopefully my last three posts (The rise and fall of fen-phen – Part I, II & III) provided you with some useful background information.  This post will discuss the Food and Drug Administration’s recent approval of two new diet drugs—Belviq and Qsymia.  And what these new drugs have in common with fen-phen. I have posted .... read more
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The rise and fall of fen phen – Part III

This is the final installment of the Rise and Fall of Fen Phen (read Parts I and II). The fen-phen litigation took a familiar path to get to this point.  Like most mass torts that eventually settle, it began with lawsuits filed in court, followed by “discovery” (this is where the parties exchange information), then .... read more
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The rise and fall of fen-phen – Part II

This is a continuation of my last post, The rise and fall of fen-phen – part I. I left off with describing how in 2003 and 2004 it appeared that the multibillion dollar Nationwide Settlement Agreement was on the verge of collapse. The number of expected claims had been vastly underestimated—Wyeth estimated that less than .... read more
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The rise and fall of fen-phen – Part I

I am starting this series of posts (at least 6 more to come in the next 30 days) with a brief history of fen-phen. Read our post titled The story of fen-phen and what we can learn from it for an outline of the other topics that we will be covering over the next thirty .... read more
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The story of fen-phen and what we can learn from it

Last month marked the fifteen-year anniversary of the withdrawal of fen-phen—the once popular diet drug combo of phentermine and Pondimin or Redux. I have been involved in the fen-phen litigation that followed from the very beginning—taking corporate rep depositions within months of the drugs’ withdrawal and trying the first case in the country back in .... read more
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Is this the new fen-phen? Belviq receives FDA approval

It’s official. For the first time in more than a decade, the FDA has approved a new drug to help people lose weight. Arena Pharmaceuticals’ Belviq (lorcaserin hydrochloride) is the first prescription weight loss drug to receive FDA approval in 13 years. This decision comes almost two years after the FDA initially refused to approve .... read more
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Locaserin- Flashback to Fen-Phen

Locaserin- Flashback to Fen Phen. The race to become the first FDA approved diet drug in more than a decade has a new front-runner. A panel of expert advisors voted (18-4 vote with one abstention) to recommend that the FDA approve Arena’s locaserin. Locaserin is one of three experimental weight-loss drugs whose developers are trying, .... read more
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Qnexa likely to get FDA approval, but what’s the hurry?

We are probably going to see the FDA approve a new obesity drug, Qnexa, soon.  Last month, the Endocrinologic and Metabolic Drugs Advisory Committee voted to approve Qnexa by an overwhelming majority, 20-2.  And while the Committee’s vote is not binding, the FDA usually follows its recommendation.  The FDA is expected to officially announce its .... read more
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Thought you had a “Guarantee,” not so fast… AHP Trust’s “bait and switch”

In what is becoming a disturbing trend, the AHP Settlement Trust (with the full support of Class Counsel) is advocating another new position that will even further reduce and frequently eliminate settlement benefits to deserving claimants. The central issue is one of timing: when do certain medical conditions known as “alternative causation factors” have to .... read more
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Fen-phen all over again?

FDA still has concerns over Qnexa, but push is on for drug approval The obesity drug Qnexa is in the news this week as its maker, Vivus, Inc., tries to convince a concerned FDA Advisory Panel that the drug is safe and effective.  FDA officials still have safety concerns about this experimental diet pill.  The .... read more
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The Trust’s new interpretation of the Fen-Phen Settlement Agreement does not bode well for Claimants

In recent posts we have mentioned the Trust’s increasingly aggressive stance against claimants when evaluating claims. This approach has resulted in situations where the Trust sometimes seems to ignore or reinterpret the strict requirements of the Settlement Agreement. Class Counsel sometimes joins with the Trust on these new interpretations and it seems Class Counsel rarely, .... read more
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The Settlement Agreement, the Seventh Amendment, and Matrix Benefits – what does all this mean?

We have had several questions about the Settlement Agreement, the Seventh Amendment, and Matrix Benefits. This post is meant to provide some general background information on each that may be useful when reading and understanding future/past blogs. The Nationwide Class Action Settlement Agreement with American Home Products Corporation (“Settlement Agreement”) provides money benefits called “Matrix” .... read more
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I want to file another fen-phen claim, now what?

You have determined that you meet the basic filing requirements listed below and want to file an additional fen-phen claim. Now what? Filing Requirements: the following are required in order to successfully file an additional fen-phen claim: Filed a BLUE Form, GREEN Form or PINK Form with the AHP Trust by May 3, 2003; and .... read more
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Understanding the 2011 Fen-Phen Deadline

An estimated six million Americans took the diet drug commonly known as fen-phen in the late 1990s, and over 400,000 of them registered for a $4.8-billion nationwide class action settlement in 1999. But many eligible members of the class may not know they will soon lose all rights to seek additional cash benefits unless they .... read more
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Recent Phentermine Death No Cause For Panic

Recently it was revealed that Bubba Smith, former Baltimore Colts defensive star, had a high concentration of the drug phentermine in his system when he died recently. Phentermine is the “PHEN” in Fen-Phen, and some people have been wondering about the implications for Fen-Phen users. While I am not a doctor and I haven’t personally .... read more
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The Petroff & Associates Fen-Phen Blog Has Arrived

Over six million Americans took the diet drug combination known as fen-phen (also known as Pondimin or Redux).  Nearly 500,000 of these former fen-phen users still have active class action claims under the Nationwide Class Action Settlement Agreement with AmericanHome Products Corporation (“Fen-Phen Settlement Agreement” or “Diet Drug Settlement Agreement”).  Yet, there is no single .... read more
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