Ky. High Court Nixes Fen-Phen Malpractice Suit Against Firms
By Andrew Scurria
Law360, New York (October 24, 2013, 9:06 PM EDT) -- The Kentucky Supreme Court on Thursday affirmed the dismissal of a malpractice suit accusing two law firms and another attorney of shorting 50 users of the diet drug fen-phen on their shares of a $215 million product liability settlement with the drug's manufacturer, ruling the claims were time-barred.
In a 5-2 ruling, the state high court found that 50 alleged fen-phen victims discovered “with mathematical certainty” by October 2006 that they had been underpaid on settlement checks their former lawyers disbursed in 2001. They nonetheless waited...