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Fen-phen was pulled from the market in 1997 after users had heart problems related to the drug. Prosecutors say Gallion and Cunningham illegally kept the bulk of the settlement, but made more money available to their clients after the federal government began a criminal investigation. Chesley wasn't called in the case, but has been implicated in civil court proceedings. The lawyers sued American Home Products in 2001. The men created a charity, the Kentucky Fund for Healthy Living, with money from the settlement and named themselves and former state judge Joseph Bamberger as directors. From the settlement, Cunningham received $21 million; Gallion nearly $31 million; Mills almost $24 million; and Chesley more than $20 million. The Kentucky Fund for Healthy Living received $20 million, and several other lawyers divided up $10.5 million. After two distributions, the clients received $73.5 million
-- just less than 37 percent of the total settlement. Minton found those attorneys' fees excessive and unacceptable. After the settlement unraveled in Kentucky Bar Association complaints and litigation, Gallion, Cunningham, Mills, Bamberger and David Helmers, an associate of Gallion's, were disbarred.
Gallion is serving his sentence at a federal prison in Oakdale, La. He is scheduled for release in 2029. Cunningham is serving his sentence at the federal prison in Yazoo City, Miss. He is scheduled for release in 2025. Gallion and Cunningham were the original owners of 2007 Horse of the Year Curlin, which earned $10.5 during his racing career. Curlin retired from racing in 2008.
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