United States Third Circuit

In an action to claim payments from a settlement trust established as a result of a class-action suit over the drugs fenfluramine and dexfenfluramine, denial of claim after show-cause proceedings is affirmed where: 1) the measurement of a single frame in an echocardiogram, without evidence showing that the depicted jet was representative of the claimant's actual level of mitral regurgitation, did not constitute a reasonable medical basis for recovering compensation; 2) an "eyeball" determination, rather than a precise measurement, by an auditing cardiologist that claimant's condition was not severe enough to merit compensation was sufficient to shift the burden of proof back to claimant; and 3) the reasonable-medical-basis standard was properly applied to the opinion of a reviewing physician, rather than the original attesting physician, during the show-cause proceeding.

Appellate Information

• Argued 03/06/2008
• Decided 09/11/2008
• Published 09/11/2008

Judges

• Before:  SCIRICA, Chief Judge, FISHER and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kip A. Petroff, Esquire, (Argued), Petroff & Associates, Dallas, TX, Wayne R. Spivey, Esquire, Shrager, Spivey, Sachs & Weinstock, Philadelphia, PA, Attorneys for Appellants.


• For Appellees:
  
• Robert D. Rosenbaum, Esquire, (Argued), Arnold & Porter Washington, D.C., Peter L. Zimroth, Esquire, Arnold & Porter, New York, NY, Attorneys for Appellee, Wyeth Corporation, f/k/a American Home Products Corporation., Andrew A. Chirls, Esquire, (Argued), Christopher L. Soriano, Esquire, WolfBlock, Philadelphia, PA, Attorneys for Appellee, AHP Settlement Trust.