A Philadelphia court set aside a jury verdict that was reached against Wyeth over its diet drugs last November, and the judge overseeing the case ordered a new liability trial.
Lucy Hansen, Joyce Jensen and Mildred Hill alleged they suffered heart damage for taking Wyeth's Pondimin and Redux pills, which made up half of the fen-phen diet drug. Wyeth took the diet drug off the market in September 1997.
Wyeth said Thursday the Court of Common Pleas set aside a jury verdict that awarded the three Utah plaintiffs $1.36 million in total compensatory damages.
The Madison-based company said the court granted the company's motion for a new trial after Judge Mark Bernstein determined the testimony of the plaintiffs' only liability expert witness was "inadequate and in violation of the Pennsylvania Rules of Evidence."
The court found many of the scientific arguments the witness used for his opinion were "illogical, inapplicable or employed circular reasoning."
In February, Bernstein overturned the verdict in Geri McMurdie's lawsuit and entered a judgment in favor of Wyeth. The jury originally awarded McMurdie $780,000 in compensatory damages. McMurdie, of Utah, made virtually the same claims as the other three plaintiffs.
Blizzard McCarthy & Nabers LLP and Williams Bailey Law Firm LLP represented these plaintiffs. Officials from the two Houston firms weren't immediately available to comment.
05/12/05
