6th Circ. Won't Rehear Wyeth Diet Pill Case En Banc

Law360, New York (October 15, 2010, 5:24 PM EDT) -- A federal appeals court has denied a request from Wyeth Inc. to rehear en banc a suit claiming the drugmaker negligently marketed a diet pill that was later recalled and that allegedly caused the original plaintiff’s death.

Thursday’s decision from the U.S. Court of Appeals for the Sixth Circuit follows a Sixth Circuit panel’s ruling in August that the U.S. Food and Drug Administration’s approval of Wyeth’s fen-phenlike diet drug Redux should not pre-empt state law claims against the drug company for negligence and wrongful death....
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