State High Court Dismisses Fen-Phen Opt Outs' Monitoring Claim

FRANKFORT, Ky. - A Kentucky woman who opted out of the multi-billion-dollar global Fen-Phen settlement cannot sue the manufacturers of the weight-loss drug combo for injuries which she has yet to exhibit demonstrable symptoms of, a state Supreme Court has ruled. Wood, et al. v. Wyeth-Ayerst Laboratories, No. 2000-SC-1067-DG (Ky. Sup. Ct.).

In a decision affirming the dismissal of Erma Rae Wood's claim for medical monitoring, the Kentucky Supreme Court on Aug. 22 held that under state law, Wood cannot advance her cause of action where there is no evidence of an accompanying physical injury.

'Where there is no …