Fen-Phen Victims Get the Last Word

Lexington, KYIn 1997, the diet drug Fen-phen was removed from the market due to its prevalence to cause heart problems and primary pulmonary hypertension (PPH). The company was required to pay out billions of dollars in settlements to those who had taken the diet pill and had later developed health conditions that were determined to be a result of taking the drug.

However, more than ten years later, the money awarded to the victims in the settlement is still an issue and part of it has to do with some rogue lawyers. This now takes us to the heartland of Kentucky where horses are a way of life and Fen-phen victims are getting the last word in what is considered to be an ironic twist of fate.

Amongst those victims are Charlene Horn and Wallace Carter, who, in addition to 400 Fen-phen victims in horse country had sued the drug maker, American Home Products, for the health problems that Fen-phen caused them. All of these plaintiffs received $200 million in their settlement, which should have meant the end to the Fen-phen mess, but it wasn't the end for them. But why is this?

Let's just say it was their lawyers

The attorneys Shirley Cunningham, William Gallion, and Melbourne Mills ran off with a large portion of the money received in the settlement. It started when the victims did not receive the amount they believed they were to receive on their settlement checks. The lawyers had set up a charity and took out a total of $24 million for the charity and then paid themselves out of the money they kept. They even gave the judge who heard the case some of the money when he retired. When the victims found out, the attorneys allegedly threatened them with jail time and fines if they discussed the fraud amongst each other or discussed it with anyone else in regards to the settlements.

Eventually, the clients who felt quite cheated decided to sue their lawyers. It was in 2006 that the attorneys stated that they were allowed to keep most of the settlement for themselves. They stated that it was not necessary for the clients to receive every single dollar of the settlement.

However, the story gets quite ironic. During the time in which the lawyers were being sued, two of them bought a colt by the name of Curlin. Racing runs through the blood of many of those in the heart of Kentucky and the intentions of these lawyers was to take Curlin and let him run with the best. And that is exactly what Curlin did.

The attorneys, Cunningham and Gallion had their pictures taken while in the winner's circle with Curlin. Once the pictures were printed in Kentucky papers, the cheated Fen-phen victims recognized them and decided to do something that would be quite memorable.

What they did was claim shares of the horse and now the horse is worth millions upon millions of dollars.However, out of the total of 440 plaintiffs in Kentucky who had sued the Fen-phen maker, 25 of them have died as a result of the health issues caused by the drug.

As for the lawyers, they have been indicted for fraud and they are awaiting their trial in jail. They have been instructed to pay back over $64 million to their clients. Nevertheless, the Fen-phen victims have their stake in Curlin the amazing racing horse. He was just named the Horse of the Year, which makes him considerably less disappointing than the lawyers who took their money. However, if it weren't for their lawyers, Curlin wouldn't be a part of their lives.

By Ginger Gillenwater