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Case Briefing

By ALM Staff | Law Journal Newsletters |
October 07, 2003

Maker of Ingredient for Fen-Phen Not Liable

The maker of a component ingredient of the diet drug Fen-Phen cannot be sued over the drug, a Philadelphia Common Pleas Court judge has ruled, because the trial court found that the defendant in the mass tort litigation that resulted in a $4 billion settlement was solely responsible. Sokoloski v. American Home Products Corp., PICS NO. 03-0073. In addition, as the producer of only a component ingredient of Fen-Phen, Les Servier owed no duty to the plaintiffs.

The named plaintiffs, Judith and Joseph Sokoloski, led 22 other plaintiffs in the appeal. The action was part of the Fen-Phen mass tort litigation in Philadelphia against American Home Products Corp. When that litigation settled, Les Servier was left as the only open defendant. Les Servier's motion for summary judgment was subsequently granted.

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