6th Circ. Affirms Dismissal Of Fen-Phen Case

Law360, New York (August 28, 2009, 2:03 PM EDT) -- A federal appeals court has affirmed a lower court's decision to dismiss a case brought by a woman who alleged she developed a fatal heart and lung disease after taking Wyeth Inc.'s withdrawn diet drug fen-phen.

In a decision Friday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit said the district court was right when it said in 2008 that the case brought by Angela Montgomery was barred by a rarely invoked provision of Tennessee's product liability law.

Michael T. Scott,...
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