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Jury Awards $48,000 To 1 Intermediate Opt Out, Finds For Wyeth In 2nd Case
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A Pennsylvania state court jury on July 27 awarded one intermediate opt-out diet drug plaintiff $48,000 but found in favor of defendant Wyeth in a second case (Henry A. Clepper v. Wyeth Inc., et al., No. 021202456, and Rhonda Gail Istnick v. Wyeth, et al., No. 021200268, Pa. Comm. Pls., Philadelphia Co.).

The jury awarded Henry A. Clepper $48,000 but found for Wyeth against Rhonda Gail Istnick. Both plaintiffs are Texas residents.

Istnick, 56, claimed mild aortic regurgitation.

The verdicts came at the end of the injury phase of a bifurcated trial that began July 19 before Philadelphia County Court of Common Pleas Judge Gary S. Glazer. Wyeth said the parties resolved Clepper's claim, making the liability phase unnecessary.

The trial was one of four trials of intermediate opt-out claims being heard in the state court. The other three are ongoing.

07/28/04

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