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CBS 11 Investigates Phen-Fen Trust Fund
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From CBS 11: Dallas/Ft.Worth

Fen-Phen, the deadly diet drug that was prescribed to more than 6 million Americans in the 90's is a public health crisis that is far from over.

Thousands of victims injured by this drug are still not getting the help they were promised.

April Linder cherishes all of the "firsts" in her children's lives, but it's the things she may not live to see that consume her now.

“Yes it did make me thinner, but at what cost? Being in an early grave, not getting to see my grandkids?”

Like six million other Americans, Linder took the sometimes-deadly diet drug Fen-Phen. She lost 75 pounds in 9 months, but later learned the so-called miracle drug would actually become a curse.

“If I would have had any idea, I wouldn't be in the position I am in today. I'd rather them have their money and me have my health.”

Linder's doctor says leaky heart valves, may eventually lead to pulmonary surgery, and even death.

Because of her age and condition, she was told she would receive a half million dollar settlement...she's been waiting 2 years and she's not alone.

Attorney Ellen Presby says, “Wyeth knew the drug was dangerous, knew it caused heart valve disease, they set up a trust fund and said if you have it, we'll pay, now they're not.”

Instead of taking thousands of cases to court, one of the companies behind Fen-Phen set up a nearly 4 billion-dollar trust fund.

To qualify, Fen-Phen users like Linder took echocardiograms to find out if they had heart damage.

But, by joining the class action, they gave up the right to sue.

Now we've learned that of the 90 thousand claims filed, fewer than 3 thousand have been paid.

Faced with more cases than it has money to pay, Wyeth acknowledges, the trust is expected to run out of money.

“Now Wyeth is using the trust set up for victims to attack what rules were followed. It is a bully technique.”

Part of that bullying led to lawsuits against two doctors, accusing them of falsifying the results of victims' echocardiograms.

Dallas cardiologist Berge Tasian consulted on more than a hundred echo's and says it's appalling that doctors are being sued for trying to help patients.

“They have the freedom to sue anybody they want, but even if I’m vindicated in a case like that it would be traumatic.”

After the Fen-Phen trauma drug maker American home products changed its name to Wyeth. That's the company behind the trust fund and lawsuits as well as Advil, Centrum and Robitussin.

“Everyone up there is getting rich and richer, well their health is fine.”

Representatives from the trust fund say they are not trying to get out of paying claims. They say that allegation is "outrageous and wrong." they also say they are only trying to make sure legitimate claims get paid.

03/02/04

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