Latest Information

(July 8, 2020)

TO: Victoria Klein, Ashley Swadley, and E-Ferol Class Members

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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(March 19, 2019)

In the March 1st, 2019 hearing, we expressed to Judge Fitzwater the appreciation of the E-Ferol Class for his stewardship and the courtesies shown by this staff in adjudicating 14 years of this 16-year class action. We are proud to have represented the E-Ferol Class for these 16 years and hope that the result brought some measure of satisfaction for the injury and loss by those responsible for this tragedy.

Art Brender, Lead Class Counsel

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

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To review, press the following links:

• Memorandum Opinion and Order (June 18, 2010)

• Judgment (June 18, 2010)

• Memorandum Opinion and Order (April 9, 2010)

• Class Action Settlement Notice (July 24, 2014)

• Memorandum Opinion and Order (December 2, 2016)

• Judgment (December 2, 2016)

• Class Counsel Correspondence (December 6, 2016)

• U.S. Fifth Circuit Court of Appeals Opinion (March 12, 2018)

Memorandum Opinion and Order (October 18, 2018)


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