SIXTH CIRT. CT. OF APPEALS DENIES FEN PHEN DEFENDANTS EN BANC APPEAL

June 27, 2012
The 6th. Circuit Court of Appeals this week denied en banc consideration of the appeal of Fen Phen Defendants William Gallion and Shirley Cunningham.
They were both convicted in 2009, and their original appeal to the 6th. Circuit Court of Appeals was rejected. They then petitioned for the full court to sit en banc and consider their appeal.

Gallion was sentenced to 25 years and Cunningham to 20 years for their April 2009 conviction on nine criminal counts including wire fraud and conspiracy. The appeals court also upheld the trial judge’s order requiring the two men to pay more than $127 million to former clients who were victims of the fraud.

The criminal charges were connected to a $200 million settlement between American Home Products Corp. and Kentucky residents who claimed they were harmed by the once-popular fen-phen diet drug combination.

Sources close to the case said that the defendants would seek consideration of their appeal from the U.S. Supreme Court by filing a petition for a Writ of Certiori.

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