Wyeth Can Challenge Diagnosis in New Jersey Case

HACKENSACK, N.J. - Wyeth can challenge an opt-out claimant's diagnosis of FDA Positive mitral regurgitation even if a successful challenge would preclude the claimant from re-entering the settlement class, a New Jersey court has ruled. In Re: Diet Drug Litigation, Master Docket No. BER-L-13379-04MT [Reed v. Wyeth Corp., No. BER-L-545-04MT (N.J. Super., Bergen Cty.).

In a letter opinion issued on Nov. 15, New Jersey Superior Court Judge Charles J. Walsh 3explained that Wyeth has the right to contest the eligibility of each plaintiff who exercises his or her opt-out rights and sues Wyeth individually for damage from the fen-hen diet …