Judge Weighing Actions On $23.5 million In Fen-phen Case

FRANKFORT, Ky. (AP) - James McPherson has a litany of complaints about the three lawyers that handled a $200 million settlement over the diet drug fen-phen on behalf of him and more than 400 others.

"I don't think this has ever been fair and I don't think it ever can be," McPherson said.

McPherson was one of more than two-dozen former clients of suspended attorneys William Gallion, Shirley Cunningham Jr., and Melbourne Mills Jr., to ask Special Judge Roger Crittenden if and how $23.5 million recovered from the settlement will be distributed.

Crittenden said Friday he would review possible allocations and objections before deciding what to do with the money.

"From your perception, you don't think justice has been done," Crittenden said. "When the whole thing is over, you probably won't think it's been done either. We'll do the best we can with the system of justice we have."

The $23.5 million was held by the Kentucky Fund for Healthy Living, a nonprofit charity set up by attorneys William Gallion and Shirley Cunningham Jr., two of Horse of the Year Curlin's owners, and a third lawyer, Melbourne Mills.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

AP-NY-02-23-08 0600EST

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