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.

 

Photo Library/K.M. Dahle

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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).

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).

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).

Latest Information (Case status, etc.)

NOTICE OF FAIRNESS HEARING AND FINAL DISTRIBUTION

The Fairness Hearing is scheduled on Friday, March 1, 2019, at 2:00 p.m. YOU DO NOT NEED TO APPEAR AT THIS HEARING.

IMPORTANT - SEE THE DOCUMENTS BELOW.

See Class Action Notice of Motions to Approve Attorneys' Fees, Non-Taxable Expenses of Litigation, Compensation for Class Representatives, and an Amendment to Paragraph VI.(F) of the E-Ferol Class Action Settlement Agreement and Release, Pursuant to Rules 23(e) and (h) and 54(d)(2), Fed. R. Civ. P., dated December 12, 2018.

This hearing will discuss the following motions:

  1. Class Plaintiffs' Motion to Amend Paragraph VI.(F) ("Disbursement of Unpaid Funds") of the E-Ferol Settlement Agreement and Release to Allow Cy Pres Distribution of Unpaid Funds, dated December 10, 2018, dated December 10, 2018.
  2. Class Plaintiffs' Motion for Attorney's Fees, Expenses of Litigation, and Compensation for Class Representatives, Pursuant to Rules 23(h) and 54(d)(2), Fed. R. Civ. P., from the Insurance Proceeds Awarded to the E-Ferol Class by Judgment of the U.S. District Court of the Northern District of Texas, on December 2, 2016, and Affirmed by the Fifth Circuit Court of Appeals on March 12, 2018, dated December 10, 2018.

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

Last Updated 12/13/2018

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