Wyeth, which set aside more than $16
billion to resolve diet-drug lawsuits, reached a confidential
settlement with a Texas woman over the fen-phen drug combination
minutes before a jury ruled in the company's favor.
Wyeth settled today after a Philadelphia jury reached its
verdict and about 10 minutes before the decision was read in
state court. Jurors deliberated roughly an hour before rejecting
Vinessa Archer's claims that Wyeth's Pondimin drug scarred her
heart valves. The verdict was voided because of the settlement.
``Wyeth is in almost every one of these cases prepared to
make reasonable and modest settlement offers,'' Wyeth lawyer Mike
Scott said. ``We can't control when plaintiffs see the light and
take the offer.''
The jury in Archer's case was the sixth in Philadelphia in
the past three months to consider heart-valve claims against
Wyeth's now-withdrawn diet drugs. Juries rejected claims by six
former users while awarding a total of $102,000 to seven other
women who once used the appetite suppressant. Wyeth has set aside
$16.6 billion so far to resolve diet-drug lawsuits.
``This is closure for both sides,'' said Archer's attorney
Rick Nemeroff. ``No one is ever exactly thrilled. What we wanted
from the jury was education more than result.''
Wyeth has settled two other cases in the past week, one in
Philadelphia and another in St. Louis. Terms of the settlements
weren't disclosed.
The Philadelphia cases all involve consumers who chose not
to be part of the company's $3.75 billion class-action settlement
of fen-phen claims. Because they opted out of the settlement
program, the former fen-phen users can't seek punitive damages
for heart ailments allegedly caused by the diet drugs.
50,000 Users
More than 50,000 former fen-phen users have sued Wyeth
individually rather than join the nationwide settlement, the
company said in filings with the U.S. Securities and Exchange
Commission in August.
Doctors wrote more than 6 million prescriptions for the diet
pill combination, which included Wyeth's Pondimin or Redux drugs
and the generic phentermine, before the products were pulled from
the market in 1997.
``I sure hope people will continue to fight this,'' Archer,
a 43-year-old seventh-grade teacher, said after the jury read its
verdict. Nemeroff said Archer took the diet drug for 12 months
before doctors discovered the heart ailment.
04/27/04