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The Litigation That Will Not Die

By David Hechler
January 13, 2004

Fen-Phen litigation is entering a critical phase that promises to be at least as complex and contentious as anything that preceded it. The national settlement that was supposed to buy peace is now smack in the middle of the storm that swirls, as always, around Wyeth. Claims against the Madison, NJ-based drug manufacturer are moving slowly through the $3.75 billion trust Wyeth funded to compensate people whose heart valves were damaged by its diet drugs. Lawyers and clients have been highly critical of the delays.

And just when Wyeth has finally settled the lawsuits of nearly all those who opted out immediately, tens of thousands of claimants who initially elected to join the class have now opted out and sued. Despite the numbers, the company has said that it doesn't plan to settle but to defend the suits vigorously. The first two were tried in late 2003, with mixed results.

An appeal that was scheduled to be argued before the U.S. Court of Appeals for the Third Circuit in December may say a lot about the company's legal prospects. If the court rejects it, these more recent opt-out plaintiffs will not be permitted to introduce evidence that focuses on Wyeth's bad conduct.

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