Fen-Phen Court Order

On October 9, 1998, the instant order was approved by the Honorable Marianne Battani. Clarification of the order, as it relates to the issues of:

(a) the applicability of the stay to cases against doctors currently in suit;
(b) the effect of the stay upon any possible certification of the defendant class of doctors named in plaintiffs' third amended complaint; and
(c) the running of the statute of limitations against doctors who were members of that defendant class, in cases which have not yet been filed, are addressed in the transcript of the hearing of October 9, 1998, on settlement of the order, which will be posted on this site as soon as it is received.

Attorneys should realize, that at that hearing, Judge Battani expressed no opinion as to whether the class of doctors should be certified, and expressed no opinion as to whether the applicable statutes of limitations continue to run against individual doctors which have not yet been filed and thus been made part of the litigation.