Thursday, December 29, 2011

Supreme Court To Hear Fen-Phen Case

{Frankfort, Kentucky}...A group of people will get a chance to argue that a $42 million fen-phen judgment awarded to them from their one-time attorneys should be reinstated. The Kentucky Supreme Court has agreed to take up the case brought by former clients of William Gallion, Shirley Cunningham Jr., and Melbourne Mills, three now-disbarred lawyers who once represented them in a $200 million settlement that has resulted in criminal and civil litigation, prison terms and attorney disciplinary actions. Former clients sued the attorneys, claiming they mishandled the settlement and improperly kept a significant portion of the funds for themselves, while keeping clients in the dark about the full amount of the agreement to end the litigation. In 2007, a judge awarded the $42 million to 431 people. The Kentucky Court of Appeals overturned that decision in February, saying that Special Judge William Wehr lacked sufficient evidentiary and legal grounds for ruling against Gallion, Cunningham and Mills and awarding the funds. A related civil case against class-action guru Stanley Chesley of Cincinnati is pending. A former associate of Gallion's, David Helmers of Lexington, and retired state judge Joseph F. "Jay" Bamberger, have also been disbarred in connection with the fen-phen settlement.