3rd Cir. Affirms Fen-Phen Settlement, Says Due Process Rights Upheld

PHILADELPHIA -- The 3rd Circuit Court of Appeals on Nov. 30 rejected appeals by three groups of plaintiffs affected by the Wyeth diet drug MDL settlement, finding that plaintiffs were adequately represented and that their due process rights were not violated. In re: Diet Drugs Product Liability Litigation. MDL No. 1203. Nos. 03-3401, 03-3402, 03-4465 and 04-3661 (3rd Cir.).

The nationwide settlement for users of Pondimin (fenfluramine hydrochloride) and Redux (dexfenfluramine) was approved in August 2000 by the U.S. District Court for the Eastern District of Pennsylvania. The settlement allows certain class members to opt out and sue Wyeth individually, …