Wyeth Properly Awarded Summary Judgment on Design Defect Claim in Pondimin Case, 1st Cir. Rules

BOSTON — A district court properly awarded Wyeth Inc. summary judgment on a design defect claim in a Pondimin injury case because the plaintiff failed to present evidence of a reasonable alternative design, a federal appeals court has ruled.

On March 23, the 1st Circuit U.S. Court of Appeals further ruled that the trial court’s admission of the plaintiff’s prior incarceration was harmless and that he may not appeal the admission of evidence regarding his past drug use.

In 1997, Michael Tersigni was prescribed Wyeth’s Pondimin, a weight loss drug consisting of a combination of Pondimin (fenfluramine) and Redux (dexfenfluramine) …