Thursday, September 22, 2011

Lexington Attorney Disbarred Over Fen-Phen Case

  • {Kentucky}...Thursday, the Kentucky Supreme Court permanently revoked the law license of Lexington attorney David Helmers for his role in a scheme that cost clients more than $65 million from the settlement in a class-action lawsuit over the diet-drug fen-phen. Helmers is the fourth attorney involved in the case to be disbarred. Helmers worked as an associate in William Gallion's law firm during the 2001 settlement negotiations, which netted $200 million. The fen-phen case involved 440 clients who said they suffered heart and lung damage as a result of taking the drug. Gallion and Shirley Cunningham Jr. are serving federal sentences after being convicted of bilking their clients out of millions from the settlement. Both have been disbarred. Melbourne Mills of Lexington, was acquitted in a federal criminal trial but was disbarred for his role in the scheme. Gallion is not scheduled to be released from federal prison until 2029. Cunningham won't get out until 2025. A state court awarded former clients of Gallion and Cunningham $42 million in a civil case, but the Kentucky Court of Appeals overturned that award. That case is being appealed to the Kentucky Supreme Court. The fen-phen settlement has also jeopardized the Kentucky law license of Cincinnati attorney Stanley Chesley, known as the “Master of Disaster” for his work on large class-action cases around the country. The Kentucky Supreme Court is weighing a request from the Kentucky Bar Association to disbar Chesley for his role in the proceedings. Thursday, Chesley's wife, U.S. District Judge Susan J. Dlott, withdrew from the Kentucky bar. Dlott, a federal judge in southern Ohio since 1995, is not accused of any wrongdoing in the case.