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FEDERAL JUDGE GRANTS CLASS ACTION PETITION AGAINST GENERIC DRUG MAKER

 FEDERAL JUDGE GRANTS CLASS ACTION PETITION
 AGAINST GENERIC DRUG MAKER
 DETROIT, Sept. 21 /PRNewswire/ -- The following was released today by Prather & Foley, P.C.:
 The Honorable Horace Gilmore of the U.S. District Court in Detroit has granted a motion to allow the filing of a class action suit against a New York-based manufacturer of generic drugs which allegedly deliberately produced and sold fraudulent and contaminated generic versions of as many as 20 different prescription medications between 1984 and 1991.
 The class action petition alleges that Bolar Pharmaceuticals Company of Copiague, N.Y., earned more than $186 million in revenues from the sale of bogus medications between 1984 and 1990, according to Prather & Foley, P.C., the Detroit-area law firm representing plaintiffs in the case.
 Judge Gilmore's decision clears the way for supplemental motions to certify the individuals who used Bolar-manufactured medications as a class under federal law. Upon identification of the class who are eligible as plaintiffs, the judge will then set the rules and methods by which individual plaintiffs may be given formal notice of the suit.
 According to attorney James Stearns of Prather & Foley, the number of people affected by unsafe Bolar drugs is likely to be large. "At its peak, Bolar Pharmaceuticals sold contaminated products for some of the most common ailments in our society," Stearns said. "Right now there is no telling how many consumers have been seriously hurt by taking Bolar's bogus generic drugs."
 The generic drugs manufactured by Bolar Pharmaceuticals Company range from high blood pressure treatments to tranquilizers, and were each approved for use by the U.S. Food and Drug Administration (FDA) based on fraudulent information supplied by Bolar, according to attorneys at Prather & Foley.
 The class action petition granted by Judge Gilmore was a supplement to a suit filed by Prather & Foley in December 1991 on behalf of a Detroit-area man claiming severe and permanent medical complications resulting from his prescribed use of one of the generic drugs manufactured by Bolar.
 "We had begun with an identified list of seven Bolar drugs we knew were contaminated in production," said Stearns. "Over the course of the discovery process in this case, however, we have identified a list of as many as 20 suspect Bolar products."
 According to court records from a separate 1991 suit brought by the U.S. government and the class action petition filed by Prather & Foley, Bolar took advantage of relaxed testing standards for generic drugs passed in 1984 to receive quick FDA approval for its line of generic products. Company representatives have admitted in court that Bolar falsified production records and substituted clean, brand-name versions of medications in batches that were to be sent for testing to independent laboratories. After receiving FDA approval for its generic drugs, Bolar managers and executives then instructed employees to produce drugs according to different chemical formulas, procedures and specifications, using cover sheets with falsified production specifications in an attempt to fool FDA investigators.
 Prather & Foley, P.C., based in Detroit, represents plaintiffs in litigation ranging from personal injury and labor law to marriage dissolution. Partner Kenneth Prather is listed in the "Best Lawyers of America." He is a graduate of the University of Detroit School of Law, where he now teaches law in addition to his practice. John Foley is a graduate of the Detroit College of Law and has been in practice with Ken Prather since 1981. He specializes in personal injury and labor law. James Stearns has been with Prather & Foley since 1984. He is a cum laude graduate of the Detroit College of Law and received his bachelor of general studies from the University of Michigan in 1978.
 -0- 9/21/92
 /CONTACT: Freda Counceller or Gregory Sendi of daVinci Public Relations, 812-376-0660, for Prather & Foley, P.C./ CO: Prather & Foley, P.C.; Bolar Pharmaceuticals Company ST: Michigan, New York IN: MTC SU:


ML -- DE001 -- 1493 09/21/92 08:59 EDT
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Date:Sep 21, 1992
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