Wyeth Allowed to Challenge Eligibility of 53 Opt-Out Plaintiffs

HACKENSACK, N.J. -Wyeth can challenge whether 53 plaintiffs are timely and proper intermediate opt-outs (IOO) or back-end opt-outs (BEOO) of the American Home Products Class Action Settlement, a New Jersey Superior Court Judge ruled April 13. In re: Diet Drug Litigation, No. BER-L-7718-03 (N.J. Super. Ct., Bergen Cty.).

Bergen County Superior Court Judge Charles J. Walsh also ruled that the court will appoint experts to determine whether the physicians' evaluation of the plaintiffs' echocardiograms demonstrated that they satisfied the requirements to opt out under the Class Action Settlement (CAS).

'In short, Wyeth will not be bound by the determination by …