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More Teens Turning To Ozempic Drug For Weight Loss
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<blockquote data-quote="HiredHand" data-source="post: 4244998" data-attributes="member: 2469"><p>Fen-Phen was a win for the suspect lawn firms and doctors who raked in the money filing false claims. The drug combo caused harm, but not nearly like the public was lead to believe.</p><p></p><p>“But that’s not justice, which is why the fen-phen litigation will long be remembered as a mass tort debacle. <strong><em>Consider the findings of a 2004 audit conducted by a panel of cardiologists led by Dr. Joseph Kisslo of Duke University in the fen-phen class action. Hired by class counsel to review 926 claims that had already passed the trust audit process, Kisslo and his colleagues spent hours analyzing echocardiograms. About 70 percent of them, Kisslo’s group concluded, should not have been approved by auditors.</em></strong></p><p></p><p>“<strong><em>We found serious, repeated, and verifiable alterations of systems controls to consistently exaggerate [the seriousness of disease],” Kisslo swore in an affidavit. Even worse than manipulation of the echocardiograph machines, the Kisslo team found rogue frames inserted into the echos of 84 patients. All of the inserted frames had the effect of exaggerating the patients’ heart damage.</em></strong> “I cannot conceive of any legitimate reason to use such a practice clinically,” Kisslo stated. “These rogue inserts are unacceptable physiologically, scientifically, clinically, and otherwise.”</p><p></p><p>Most disturbing was the effect of the apparent deception on real victims. Kisslo’s panel found that in 50 cases claiming mitral valve damage, the patients had actually suffered moderate or severe aortic valve damage that had gone undiagnosed. <em><strong>And in one horrifying case, a patient whose condition was overstated for the sake of obtaining payment through the trust ended up having unnecessary heart valve replacement surgery.</strong></em></p><p></p><p>Class counsel Fishbein says the ultimate lesson of the fen-phen litigation may be the peril of attempting such a grand-scale class action settlement. A standard of proof low enough to produce efficiency, coupled with compensation high enough to keep plaintiffs in the class, seems to create “a huge incentive to push [dubious] claims,” Fishbein says. “I wouldn’t think a defendant would want to do it.” Building safeguards and audits into the system, Fishbein says, removes the efficiency that makes the class action economically attractive for defendants. “The class mechanism becomes less effective than the tort system,” he says.</p><p></p><p>As pharmaceutical mass torts involving Vioxx and Celebrex ripen, Merck & Co., Inc., and Pfizer Inc. would do well to remember Fishbein’s hard-earned wisdom. That, and the story of the patient who underwent unnecessary heart surgery. Justice demands a different approach.”</p><p></p><p><a href="https://www.law.com/americanlawyer/almID/1109128224002/" target="_blank">https://www.law.com/americanlawyer/almID/1109128224002/</a></p></blockquote><p></p>
[QUOTE="HiredHand, post: 4244998, member: 2469"] Fen-Phen was a win for the suspect lawn firms and doctors who raked in the money filing false claims. The drug combo caused harm, but not nearly like the public was lead to believe. “But that’s not justice, which is why the fen-phen litigation will long be remembered as a mass tort debacle. [B][I]Consider the findings of a 2004 audit conducted by a panel of cardiologists led by Dr. Joseph Kisslo of Duke University in the fen-phen class action. Hired by class counsel to review 926 claims that had already passed the trust audit process, Kisslo and his colleagues spent hours analyzing echocardiograms. About 70 percent of them, Kisslo’s group concluded, should not have been approved by auditors.[/I][/B] “[B][I]We found serious, repeated, and verifiable alterations of systems controls to consistently exaggerate [the seriousness of disease],” Kisslo swore in an affidavit. Even worse than manipulation of the echocardiograph machines, the Kisslo team found rogue frames inserted into the echos of 84 patients. All of the inserted frames had the effect of exaggerating the patients’ heart damage.[/I][/B] “I cannot conceive of any legitimate reason to use such a practice clinically,” Kisslo stated. “These rogue inserts are unacceptable physiologically, scientifically, clinically, and otherwise.” Most disturbing was the effect of the apparent deception on real victims. Kisslo’s panel found that in 50 cases claiming mitral valve damage, the patients had actually suffered moderate or severe aortic valve damage that had gone undiagnosed. [I][B]And in one horrifying case, a patient whose condition was overstated for the sake of obtaining payment through the trust ended up having unnecessary heart valve replacement surgery.[/B][/I] Class counsel Fishbein says the ultimate lesson of the fen-phen litigation may be the peril of attempting such a grand-scale class action settlement. A standard of proof low enough to produce efficiency, coupled with compensation high enough to keep plaintiffs in the class, seems to create “a huge incentive to push [dubious] claims,” Fishbein says. “I wouldn’t think a defendant would want to do it.” Building safeguards and audits into the system, Fishbein says, removes the efficiency that makes the class action economically attractive for defendants. “The class mechanism becomes less effective than the tort system,” he says. As pharmaceutical mass torts involving Vioxx and Celebrex ripen, Merck & Co., Inc., and Pfizer Inc. would do well to remember Fishbein’s hard-earned wisdom. That, and the story of the patient who underwent unnecessary heart surgery. Justice demands a different approach.” [URL]https://www.law.com/americanlawyer/almID/1109128224002/[/URL] [/QUOTE]
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