Kentucky

From Herald Leader,

Fen-phen class-action notice wasn't sent

Attorneys handling a $200 million fen-phen lawsuit tried to draft a letter informing plaintiffs that the case had been certified as a class action, but the notice was never sent out, according to testimony Thursday.

Prosecutors contend that such a notice was required under Kentucky court rules.



David Helmers, an attorney who worked on the suit, testified that a proposed notice was drafted. But he said the two sides in the suit never agreed on just what the notice should say, and that Boone Circuit Judge Jay Bamberger, who presided over the case, never ordered the notice to be sent to class members.



The notices are important as a means of keeping plaintiffs in class-action suits informed about developments in the case, including negotiations and settlements.



Helmers worked on the case as a member of the law firm of William Gallion, one of three lawyers facing charges in connection with the case.