Physician's Statute of Limitations Defense to Fen-phen Claims Remanded to Texas State Court

ABILENE, Texas - A state court can determine whether a Texas woman's claims against the physician who prescribed Fen-phen are barred by the statute of limitations, a federal judge ruled Jan. 27 in declining jurisdiction. Dianna Pence v. Wyeth, et al. No. 03-CV-225-C (N.D. Texas, Abilene Div.).

U.S. District Judge Sam R. Cummings remanded plaintiff Dianna Pence's Fen-phen injury case to Texas' 42nd Judicial District Court of Callahan County, after finding that her treating physician was not fraudulently joined to the suit.

On May 29, Pence sued Wyeth, the manufacturer of Pondomin and Redux, and Dr. Raul Calvo, alleging that …