Judge Rules Class of Washington Plaintiffs Can Pursue Claims Against Physician Who Prescribed Fen-Phen

PHILADELPHIA - According to a Jan. 6 order signed by U.S. District Judge Harvey Bartle III, a class of Washington state plaintiffs can pursue claims against the physician who prescribed them fen-phen because he is not a 'Released Party' under the terms of the Settlement Agreement. In re: Diet Drugs Products Liability Litigation, MDL No. 1203 (E.D. Pa.).

Judge Bartle opined that the Milan Jeckle, M.D., is not a 'Released Party' because the class members claims are based on his alleged 'independent negligence or culpable conduct.'

Background

The class of Washington plaintiffs initially filed a lawsuit against Dr. Jeckle in …