Important Update on the Wilson v. Servier Diet Drug Litigation

July 16, 2003

As previously reported an Agreement in Priniciple was reached between the National Plaintiff Class and the Defendants, Servier et al., in March, 2003 in the Wilson v. Servier class action lawsuit. Once counsel for the National Class reached the Agreement with the Defendants, a subsequent Agreement in Priniciple was reached with Servier et al. relating to Quebec on April 22, 2003. Since that time, negotiations have continued in order to settle this matter on behalf of Canadians who ingested Ponderal (fenfluramine) and/or Redux (dexfenfluramine) and to receive compensation for those class members who have suffered from certain cardiac related medical conditions as a result of their use of either of these two diet drugs.

On Tuesday, July 8, 2003, Mr. Justice Winkler appointed a Court Monitor, Mr. Randy Bennett, to oversee and facilitate the negotiations. A series of dates for further negotiations have been scheduled under the guidance of Mr. Bennett for the purpose of resolving outstanding issues and finalizing the settlement document. We anticipate that we will be in a position to move for Court approval in September 2003.

Once the Court approves the Settlement, official Notice will be published across Canada, pursuant to the Court’s direction. The class members who have contacted Rochon | Genova, and have provided their mailing address will receive a letter advising him or her of the Settlement and where to go to see the complete details of the Settlement, including which class members will be eligible for compensation and how claims may be made.

Please note: Any advertising relating to the Canadian class action that you may have recently seen on television is unauthorized by the Court. On July 8, 2003, the Court has directed the law firms responsible for the unauthorized advertising to withdraw the commercials forthwith.

Although the Settlement has not yet been submitted to the Court for approval, the medical conditions that are likely to be eligible for compensation are Primary Pulmonary Hypertension (“PPH”) and certain types of Heart Valve Disease (“VHD”) of varying severity, together with certain atypical medical conditions. The precise details on the eligible medical conditions that will be considered under the Settlement will be available once the Court has approved the settlement.

In the meantime, should you have any questions or concerns, or would like to add your contact information for future notification, please do not hesitate to send Rochon Genova your comments or questions or complete the online health questionnaire related to the diet drug class action. A member of our staff will contact you shortly once your questionnaire has been received. Our toll-free number for telephone inquires is 1-866-881-2292. In Toronto, please call 416-363-1867.