PPH and Fen-Phen Lawsuits: Round Two

Fort Myers, FLJoe D. took Fen-phen in the mid-90s and chose to opt out of American Home Products $3.75 billion class action settlement in 1999—thus allowing him to pursue a lawsuit later. Ten years after taking the diet drugs, Joe has been diagnosed with primary pulmonary hypertension (PPH) and says that in retrospect, it's a good thing he didn't join the class action. " I remember the drug company offering $40 per month for every month that I took Fen-phen," says Joe. "Here is $240, hope your heart holds up and have a good life!" Joe is now pursuing a separate lawsuit against the manufacturer.

"I took Fen-phen drugs and they worked, I lost 80 lbs in 8 months," says Joe. "I had regular checkups (my wife insisted) and everything was OK; just prior to my diagnosis I heard rumors of heart valve damage caused by Fen-phen so I had some tests done and was told everything was fine, but within a year or so I developed PPH.

I have been on heart medication ever since then. Besides my weight problem, I was in very good shape before taking Fen-phen; I had no other illnesses or complaints, I didn't even wear glasses. I was in my late 40s when this happened and it came as quite a surprise.

Before I was diagnosed with hypertension I noticed headaches and heart flutters but didn't think much of it. I'm a guy—I could be in the middle of a massive heart attack and say it's indigestion, but the doctor said my blood pressure was getting high. At first I never thought about the cause; my father had a bit of high blood pressure but it wasn't a big family deal so I just figured I was one of the unlucky ones. Then in the past several years I noticed through the media a relationship with PPH and Fen-phen.

I still have the original Fen-phen bottle with some pills in it. I am amazed every time I think about how American Home Products [AHP] really wanted people to sign off on this class. I think even back then they realized there was a serious problem. In hindsight, I wish I had never taken these meds; I was told the side effects would be dry mouth, the occasional headache and constipation, never anything life-threatening. This drug company made their billions so now they have to pay back to the people who suffered.

As for me, life goes on and without these meds I might not even be here today. Having PPH has curtailed my life: I struggle with cheeseburgers; I golf and get winded and tired earlier than I should but in my mind I am still 30. I certainly won't miss their lousy $240-- that is not my retirement fund."

Fen-phen was removed from the market in 1997 after being linked to heart valve disease. "We believe that this agreement [the class action settlement] is a sound way to resolve the claims raised by diet drug users and represents a prudent course for our company," said AHP President and Chief Executive Officer John R. Stafford, two years later. "It offers peace of mind to those who used the drugs and permits the company to move beyond the uncertainty and distractions of litigation."

Fen-phen lawyers are now filing lawsuits against the manufacturer claiming that Redux and Pondimin, the drugs which make up the Fen-phen combination, are associated with PPH.