Plaintiff Was Adequately Notified of Ability to Opt-Out of Settlement Agreement

PHILADELPHIA - The dismissal of a woman's wrongful death suit was affirmed by the Third Circuit March 10, after it found that Wyeth's procedure for informing her that her case was subject to the terms of the Settlement Program did not violate her right to due process. In re: Diet Drugs Products Liability Litigation, No. 03-1113 (3rd Cir.).

The appellate court also upheld the denial of plaintiff Judith Jahnke's motion to opt out of the Settlement Agreement, noting that her failure to file the motion in a timely fashion was not the result of 'excusable neglect.'

In December 2002, the …