Statute of Repose Bars Diet Drug Claims Against Wyeth

CHATTANOOGA, Tenn. - The 6th Circuit U.S. Court of Appeals on Aug. 28 upheld the dismissal of a Tennessee woman's diet drug suit in accordance with a provision in the statute of repose that barred her primary pulmonary hypertension claims before they accrued. Montgomery v. Wyeth, et al., No. 08-5701 (6th Cir.).

The appellate panel rejected the plaintiff's assertion that her claims were preserved by the settlement of a 1999 class action. The settlement agreement did not prevent Wyeth from raising the staute of repose as a defense, which requires a plaintiff to file a complaint for injuries caused by …