Fen-phen diet pill case delayed

COVINGTON, Ky., Nov. 21 (UPI) -- A federal judge in Kentucky has delayed a trial stemming from the fen-phen diet pill case settlement so related misconduct allegations can be investigated.

In order to give enough time for misconduct allegations against the U.S. Attorney's Office to be investigated properly, U.S. District Judge William Bertelsman postponed the trial of three lawyers in the fen-phen case until next May, The Cincinnati Enquirer said Wednesday.

Bertelsman said Tuesday that if the U.S. Attorney's Office did violate lawyer-client privilege to gain evidence for the indictment against the lawyers, that must be investigated before a trial can begin.

"I don't think it's frivolous," the judge said. "If it occurred, it raises concerns, maybe discipline."

"It's serious enough to cause the dismissal of the indictment. It must be dealt with in detail."

The three lawyers have been accused of defrauding a number of their clients in the diet pill settlement case in order to collect $65 million.

The Enquirer said that settlement was awarded in Boone Circuit Court six years ago after the diet pills were found to have made nearly 400 Kentucky residents ill.