Court Reverses Summary Judgment Awarded To Wyeth in Fen-Phen Case

LOS ANGELES - A California appellate court reversed summary judgment awarded to Wyeth in a Fen-Phen personal injury case, finding that the plaintiff's expert raised a question of fact as to whether the plaintiff's heart problems were viral or caused by the diet drug. Oakes v. Wyeth, No. B199799 (Calif. App., 2nd Dist.).

The California Court of Appeal, 2nd District, ruled March 13 that the expert's opinion was nonspeculative because it was based upon his own findings during a cardiac surgery he had performed on the plaintiff.

In early 2000, Diane Oakes sued Wyeth in the Los Angeles County Superior …