Opinion

BROWN v. AMERICAN HOME PROD

Court
District Court, E.D. Pennsylvania
Filed
May 15, 2025
Cited by
0 cases

The opinion

THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE DIET DRUGS : MDL NO. 1203

(Phentermine/Fenfluramine/ :

Dexfenfluramine) PRODUCTS :

LIABILITY LITIGATION :

SHEILA BROWN, et al., : CIVIL ACTION NO.

:

v. :

: 99-20593

AMERICAN HOME PRODUCTS :

CORPORATION :

THIS DOCUMENT RELATES TO: : C.D. Cal.

:

ALAN FRIEDMAN, : CIVIL ACTION NO.

:

v. :

: 2:25-cv-03093-FMO-ADS

WYETH, et al. :

MEMORANDUM IN SUPPORT OF PRETRIAL ORDER NO. 9596

Bartle, J. May 15, 2025

Before the court is the Joint Motion of Wyeth and

Class Counsel to enforce the Settlement Agreement and Pretrial

Order No. 1415 against Class Member Alan Friedman (Doc. # 5445).1

On March 10, 2025, Alan Friedman, through his counsel,

filed a lawsuit in the Superior Court of Los Angeles County,

California against defendants Wyeth and a number of related

entities.2 On April 9, 2025, the action was removed to the

1. Alan Friedman has not filed any opposition to the motion.

2. As defendants correctly state, “[d]efendants Wyeth, Wyeth

Company, and American Home Products Corporation are incorrectly

United States District Court for the Central District of

California based on diversity of citizenship under 28 U.S.C.

§ 1332(a). Notice of Removal, Friedman v. Wyeth, Civil Action

25-3093 (C.D. Cal. Apr. 9, 2025) (Doc. # 1).

The complaint alleges that as “a direct result of

consuming Defendants’ Fen-Phen drugs, Plaintiff [Alan Friedman]

developed serious and life-threatening cardiovascular issues

that ultimately required extensive medical intervention.” He

claims that he was prescribed and began taking Fen-Phen in the

mid-1990’s. For approximately 25 years he experienced various

symptoms and had open-heart surgery in January 2025 as a result

of cardiovascular damage he sustained from use of Fen-Phen. In

paragraph 52, he specifically references the case of Brown v.

American Home Products Corporation, Civ. A. No. 99-20593 (E.D.

Pa.), its findings concerning the lethal nature of the drugs,

the defendants’ knowledge of their effects, and defendants’

suppression of that information from consumers and the public.

On August 28, 2000, my late colleague Judge Louis C.

Bechtle, after a fairness hearing, entered Pretrial Order No.

1415 certifying a class and approving the settlement in Brown v.

American Home Products Corporation, Civ. A. No. 99-20593, which

designated. On March 11, 2022, Wyeth Company merged with

American Home Products Corporation (“AHP”), which simultaneously

changed its name to Wyeth. In October 2009, Pfizer Inc.

acquired Wyeth which is now known as Wyeth LLC.”

was part of the massive Multi-District Litigation No. 1203, In

re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine)

Products Liability Litigation. See 2000 WL 1222042 (E.D. Pa.

Aug. 28, 2000). This is the case which Friedman references in

his complaint.

The court certified a Class for settlement purposes

only that included “All persons in the United States, its

possessions and territories who ingested Pondimin® and/or ReduxTM

(“Diet Drug Recipients”) . . .” PTO 1415, at *71 ¶ 3. The

court had previously ordered written notice to those in the

Class whose names and addresses were known or presently knowable

to the parties as well as publication notice to the Class. In

its Memorandum in support of PTO 1415, the court outlined the

success and effectiveness of the comprehensive notice program.

The court concluded that the requirements of personal

jurisdiction, due process and Rule 23 had been satisfied. Id.

at *34-39; see also PTO No. 997.

The settlement approved in PTO 1415 provided class

members various periods to opt out of the settlement. Those who

did not were bound by PTO 1415 and the settlement agreement

which the court approved. Paragraphs 7, 10, and 11 of PTO 1415

stated:

7. The court hereby bars and enjoins all

class members who have not, or do not,

timely and properly exercise an Initial,

Intermediate, Back-End or Financial

Insecurity Opt Out right from asserting,

and/or continuing to prosecute against AHP

or any other Released Party any and all

Settled Claims which the class member had,

has or may have in the future in any

federal, state or territorial court.

. . .

10. This Order and Judgment is binding upon

AHP and upon all members of the Settlement

Class and Subclasses, as defined herein

above, who have not timely effected

exclusion from the class under the

procedures set forth in the Class Notice

. . . .

11. Without affecting the finality of this

Final Order and Judgment in any way, the

court hereby retains continuing and

exclusive jurisdiction over this action and

each of the Parties, including AHP and the

class members, to administer, supervise,

interpret and enforce the Settlement in

accordance with its terms; to supervise the

operation of the Settlement Trust; to

determine applications for and make

reasonable awards of attorneys’ fees and

reimbursement of costs to Class and Subclass

Counsel, the Plaintiffs’ Management

Committee, and others for work contributing

to the common benefit of the class; and to

enter such other further orders as are

needed to effectuate the terms of the

Settlement.

Friedman in his complaint states he ingested Diet

Drugs in the 1990’s and thus is a member of the Class. There is

no evidence that he took steps to opt-out as an Initial Opt Out,

an Intermediate Opt Out, or Back-End Opt Out.3 He is subject to

the personal jurisdiction of this court and has received due

process based on the notice requirements implemented by the

parties and approved by the court. PTO 1415, at *34-39.

Accordingly, he is bound by PTO 1415. This court maintains

exclusive jurisdiction over this action, the parties, and the

class members to administer, supervise, interpret and enforce

the settlement of this action. PTO 1415, at *72 ¶ 11. Pursuant

to PTO 1415, Friedman is precluded from pursuing his lawsuit

currently pending in the United States District Court for the

Central District of California and will be barred and enjoined

from doing so.

3. The Settlement Agreement approved in Pretrial Order No.

1415 created the AHP Settlement Trust to administer claims under

the Settlement Agreement. On August 28, 2023, the court

approved the Eleventh Amendment to the Settlement Agreement

effective September 27, 2023. Pretrial Order No. 9558, Brown,

Civ. A. No. 99-202593 (E.D. Pa. Aug 28, 2023) (Doc. # 5413). As

a result, the Trust was terminated, and the court appointed

Brown Greer as the neutral administrator to implement the

Settlement Agreement. There is no record in the Master Database

for Diet Drugs kept by Brown Greer or the records of the Trust

that Class Member Alan Friedman (or any various spellings of

that name) ever took any steps to opt out of the Settlement as

an Initial Opt Out, an Intermediate Opt Out, or a Back-End Opt

Out. Alan Friedman never attempted to present any claims in the

Settlement Program prior to filing his pending lawsuit. See

Decl. of Orran L. Brown, Sr., Brown, Civ. A. No. 99-20593 (E.D.

Pa. Apr. 25, 2025) (Doc. # 5445-4).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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