Wyeth Wins Round 2 In Trio Of Fen-Phen Suits

Law360, New York (July 28, 2010, 3:03 PM EDT) -- For the second time this week a state appeals court has affirmed the dismissal of a suit over Wyeth Inc.'s fen-phen, this time finding that the plaintiff could not prove causation because she did not actually suffer from one of the drug's nondisclosed risks.

In a ruling Tuesday, the Superior Court of Pennsylvania held that Pennsylvania law does not allow a plaintiff to prove proximate causation where a drug manufacturer’s warning disclosed a risk of injury and the plaintiff sustained that very injury, but the manufacturer...
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