Fen-Phen Settlement Trust Sues Second Doctor for Fraud

A second doctor was accused of fraud last week in a federal lawsuit filed by the AHP Settlement Trust, the entity created to process claims related to the $3.75 billion fen-phen settlement.

Attorneys Richard L. Scheff and Jeremy D. Mishkin of Montgomery, McCracken, Walker & Rhoads filed the suit against New York City cardiologist Richard L. Mueller alleging that he intentionally defrauded the trust by certifying medically unreasonable claims.

The suit alleges that Mueller conspired with an unnamed law firm to submit fraudulent claims "in order to earn substantial additional fees being offered by the law firm in exchange for VHD [valvular heart disease] certifications."

The trust alleges that, as a result of Mueller's actions, millions of dollars were paid to fen-phen claimants without VHD, while payment to legitimate claimants was delayed.

The first doctor sued was Dr. Linda Crouse, a Kansas City, Mo., cardiologist. Details from the Legal Intelligencer here.