Fen-Phen case: JD and MD aren’t interchangeable – you need both

June 22nd, 2009. By AbiK

It’s the whole oil and vinegar thing. They make a beautiful dressing, but they don’t mix. They respect each other’s turf. So it is with lawyers and doctors—normally. Here’s the story… 

Imagine you’ve been taking a supplement—like Fen-Phen—to lose weight. Now imagine you’ve heard that Fen-Phen diet supplement you’ve been taking has been linked to a serious condition, namely PPH (Primary Pulmonary Hypertension). You’ve started to notice some PPH symptoms yourself and you reach out to a Fen-Phen lawyer for help. 

Trouble is, you didn’t reach out through LawyersandSettlements.com (ok, ok, a little bit of self-love there) and this particular lawyer is apparently a schmuck. That’s basically the story (alleged, of course) the Louisville Courier-Journal.com is reporting today. Seems Patricia Fulkerson was part of a national Fen-Phen class action suit back in 2002, and she’s claiming that the law firm, Florida-based Wasserman, Riley & Associates, “exaggerated her heart injuries—and those of other clients—so it could collect higher fees.”

How so you ask? Doesn’t the doctor’s report show the extent of any injury?

Uh, gee, ordinarily. And here’s where the oil tries to take on the properties of the vinegar leaving a bad taste in your mouth. Read on…

According to the Courier-Journal.com report, Fulkerson feared for her life after her lawyer told her an “echocardiogram showed that her heart was “like a tire that might burst.”” That’s a pretty frightening analogy. Add to it the deposition of a former paralegal from the firm stating that Wasserman, Riley & Associates “exaggerated the injuries of a half-dozen clients and that they altered medical test results”.

Keyword: Altered.

The case, which is scheduled to go to trial in September unless it’s settled first, will determine how things net out. And there’s the little complicating factor that Fulkerson is alleging one of her lawyers, Robert W. Riley, “demanded sexual favors and threatened that she wouldn’t recover as much money unless she complied.”

Sexual maneuvering aside, bottom line is it appears the lawyers (allegedly!) never got over that “I want to be a doctor when I grow up” thing. Yes, the oil was playing (allegedly!) in the vinegar’s turf.

Unfortunately the actions of one lawyer or firm can color the perception of the entire legal industry—and that shouldn’t be. What should be is that if you’re suffering from a medical condition, seek the advice of a doctor. Either your own or at least an independent one. Your lawyer may recommend that you see certain specialists—that’s just good sense, but in the end, your lawyer is not a doctor—and your lawyer does not write up your medical report. Your lawyer’s task is to take the doctor’s report—and yes, it may be multiple doctors’ reports—and synthesize them into the strongest case possible, sans manipulation or alteration.

Thankfully, there are plenty of lawyers out there who are not schmucks—and who like a good, well-balanced vinaigrette.

Tags: Fen-Phen, PPH, Primary Pulmonary Hypertension

This was posted on Monday, June 22nd, 2009 at 2:43 pm and is filed under Defective Products . Feel free to respond, or trackback. Read our comments policy.