Mass. Trial Court Denies Indevus Summary Judgment on Statute of Limitations

CAMBRIDGE, Mass. - A Massachusetts trial court has ruled that four plaintiffs suing Indevus for alleged injury from the Redux diet drug can argue latency to avoid Indevus' statute of limitations defense. Sawyer v. Indevus, No. 03-5028-B (Mass. Super., Middlesex Cty.).

Karla Sawyer and her co-plaintiffs allege that they were unaware of any such link until their problems were disclosed on echocardiograms between November 2001 and June 2002. They brought claims solely against Indevus, a Massachusetts company which manufactured Redux (dexfenfluramine), for breach of warranty, negligence, negligent misrepresentation, and for violations of the Consumer Protection Act (G.L. c. 93A).

Indevus …