E-FEROL CLASS ACTION - Official Website

E-Ferol Class Action - General Information

E-Ferol Class Action

On May 11, 2004, in Cause Number CA-7-03-CV-102-R, Victoria Klein and Ashley Swadley, Plaintiffs, v. O'Neal, Inc., d/b/a O'Neal, Jones & Feldman Pharmaceuticals, CVS Revco, D.S., Inc., and Retrac, Inc., Defendants, U.S. District Judge Jerry Buchmeyer certified a class action of those persons who received as infants a drug known as E-Ferol that was manufactured by Carter-Glogau Laboratories and sold and distributed by O'Neal, Jones, and Feldman Pharmaceuticals, Inc.

The attorneys for the Plaintiffs (claimants) in the class certified by the U.S. District Court for the Northern District of Texas are: Art Brender, Lead Class Counsel, Dwain Dent and Fred L. Streck, III , Class Counsel.

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FINAL Information (Case status, etc.)

Approval of Class Plaintiffs' Notice of Final Accounting

On July 8, 2020, Senior U.S. District Judge Sidney Fitzwater signed and approved the final accounting filed in the E-Ferol class action. (ECF 879) Once the cy pres donations have been received and receipts returned, that will conclude this litigation.

We appreciate the cooperation of everyone involved, including Judge Fitzwater, court staff, Wichita Falls Division Clerk and staff, Dr. Robert Brown, M.D., Dr. Carl J. Bodenstein, M.D., Dr. Kevin Bove, M.D., Dr. William J. Martone, M.D., and numerous others who cooperated in conjunction with this litigation. We sincerely hope that, in addition to providing some explanation and compensation to the victims of the E-Ferol tragedy, that it will be a lesson to the future to require the proper testing and approval before pharmaceutical products are distributed to the public.

Art Brender, Lead Class Counsel

Dwain Dent and Fred L. Streck, III, Class Counsel

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Memorandum Opinion and Order (4/9/10)

On April 9, 2010, U.S. Chief District Judge Sidney A. Fitzwater issued a Memorandum Opinion and Order concerning the Fairness Hearing that was conducted on February 16, 2010 and completed on February 17, 2010. See Memorandum Opinion and Order (4/9/10) .

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Memorandum Opinion and Order (6/18/10)

On June 18, 2010, U.S. Chief District Judge Sidney A. Fitzwater issued a Memorandum Opinion and Order concerning the objection of Lawrence Long to the proposed final judgment. See Memorandum Opinion and Order (6/18/10).

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Judgment (6/18/10)

On June 18, 2010, U.S. Chief District Judge Sidney A. Fitzwater issued Judgment approving the Settlement Agreement. See Judgment (6/18/10).

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Memorandum Opinion and Order (12/2/16)

On December 16, 2016, U.S. District Judge Sidney A. Fitzwater issued his Memorandum Opinion and Order and Judgment granting Class Plaintiffs' Motion for Summary Judgment against Federal Insurance Co. See Memorandum Opinion and Order (12/2/16).

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U.S. Fifth Circuit Court of Appeals Opinion (3/12/18)

The U.S. Fifth Circuit Court of Appeals has affirmed the District Court's Memorandum Opinion and Order. See Opinion (3/12/18).

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Memorandum Opinion and Order (10/18/18)

On October 18, 2018, U.S. Senior District Judge Sidney Fitzwater issued his Memorandum Opinion and Order entering Judgment against Federal for post-judgment interest. See Memorandum Opinion and Order (10/18/18).

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Latest Information (Case status, etc.)

MOTION TO COMPLETE DISTRIBUTION

The following motion has been filed for the class' attention:

  1. (ECF No. 873, filed 1/9/20) Class Plaintiffs' Motion to Complete Distribution of Unpaid Funds Pursuant to the E-Ferol Settlement Agreement; to Determine Whether Class Members Who Have Failed to Respond Have Waived Their Right to Receive a Distribution; and to Determine Reasonable Expenses for Distribution and Preservation of Class Files.

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PLEASE DO NOT CONTACT THE DISTRICT COURT ABOUT THIS CLASS ACTION.

Last Updated 01/16/2020

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