A New York judge for thefirst time has certified a class action on behalf of persons with no diseasebut seeking medical monitoring because of their exposure to an allegeddangerous drug.Certification was grantedto a class consisting of about one million New York consumers who tookthe diet drug cocktail known as fen-phen, and sold under the names Pondiminand Redux.
In Cunningham v. AmericanHome Products Corp., Manhattan Supreme Court Justice Helen E. Freedmanbecame the eighth state court judge nationally to greenlight a claim seekinga medical monitoring program for former users of the diet drug.
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