To: Neil H  who wrote (163 ) 10/5/1999 2:36:00 PM From: Anthony Wong     Read Replies (1)  | Respond to    of 169  
Judge dismisses jury in N.J. fen-phen case                   Last Update: 12:24 PM ET Oct 5, 1999                                                                 NewsWatch                  NEW BRUNSWICK, N.J. (AP) -- A judge dismissed the jury in a                  class-action lawsuit against one of the makers of the fen-phen diet drug                  combination, raising expections of a possible out-of-court settlement.                   In sending jurors home Monday, Superior Court                  Judge Marina Corodemus said she would hear the                  case without a jury starting Oct. 12 if a settlement is                  not reached before then, plaintiffs' attorney Steven                  Sheller said. The jury had been hearing testimony                  intermittently since Aug. 11.                   Sheller said he thought the case would be settled.                  Officials with American Home Products, the drug                  company, declined to comment.                   The case pits the Madison-based company against                  about 94,000 New Jersey residents who used the                  diet pill combination, which was taken off the                  market two years ago after being linked to serious                  heart and lung damage in users. American Home                  Products sold the "fen" half of the combination                  under the brand name Pondimin, and made                  Pondimin's chemical cousin Redux.                   The plaintiffs did not develop heart or lung damage,                  but the want American Home Products to cover the cost of future medical                  checkups in case problems develop down the road.                   Fenfluramine had been sold since the 1970s but became widely used in                  the 1990s when doctors prescribed it for weight loss in combination with                  another drug, phentermine. The combination became known as fen-phen.                  When taken alone, phentermine never was associated with health                  problems and it remains on the market.                   More than 4,100 lawsuits have been filed in state and federal courts                  against American Home Products over fenfluramine.                   The company has proposed a national settlement in which it would pay                  $1.2 billion for future medical examinations for healthy users of the drug,                  and an additional $2.8 billion to settle individual suits from people who                  claim the drug has harmed them.                   Plaintiffs' attorneys claim the company hid information from doctors,                  patients and regulators about possible links to heart valve disease and an                  often fatal lung condition called primary pulmonary hypertension.                   The company denies hiding information, and says it acted properly in                  marketing the drugs.                   Shares of American Home Products (AHP: news, msgs) were flat at 43                  1/4.