Legal Question in Medical Malpractice in Pennsylvania

Phen-fen class action suit

Is it necessary to retain private councel to become part of the Phen-Fen Class action suit? If so, what benefit would this provide? If not, how do I file a claim to become part of this suit? This question relates to Class action suit against the pharmacutical company, and not against a physican. Thank you.


Asked on 12/07/97, 8:35 am

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Phen-fen class action

In a class action, the court has to decide that it can go forward as a class action before getting to the stage of deciding who is in or out of the class. If the court certifies the action, then a notice is supposed to be sent to all the class members, giving them a choice whether to stay in or go out. Normally, everyone who fits the class definition is assumed to be in the class automatically. So you do not need your own attorney. However, if your damages are serious, it is not a good idea to sit back and wait because there can be problems with class action procedure, especially in a medical case such as this.

In any event, it is a good idea to make contact with the attorneys handling the class action so you will be sure of getting on the mailing list when and if notices are sent out.

If you have further questions about class action procedure in Pennsylvania, please feel free to call me.

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Answered on 12/08/97, 4:57 pm
David Austin Burke & Eisner, P.A.

Do you need the class action

If you have taken fen-Phen or redux and have an injury such as a heart valve disorder, then you might wat to consider your own case. I agree with the other person who posted in terms of you contacting an attorney to get your questions answered about a class action. If you are interested in speaking with me about a case on your behalf please feel free to call. We are representing people with injury from these drugs.

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Answered on 12/11/97, 8:35 am


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