Judicial Estoppel Prevents 23 Plaintiffs from Pursuing Claims against Foreign Makers of Fen-Phen

PHILADELPHIA - A trial court's award of summary judgment to a French laboratory that manufactured the raw materials for the diet drugs fenfluramine (Pondomin) and dexfenfluramine (Redux) was upheld by the Pennsylvania Superior Court, which ruled that the plaintiffs claims against the company are barred by judicial estoppel. Sokoloski, et al. v. Les Laboratories Servier, et al. No. 1887 EDA 2002 (Pa. Super. Ct.).

The appellate court ruled on May 19 that 23 plaintiffs, who are already part of the nationwide class action against American Home Products (AHP), could not assert claims against Les Laboratories Servier (LLS), because the motion …