Philadelphia Court Vacates $780,000 Verdict on 'Assumption of Risk'

PHILADELPHIA - A Philadelphia judge has vacated a $780,000 verdict for a Utah woman, finding that the woman assumed the risk of heart damage before taking the Pondimin weight-loss drug. McMurdie v. Wyeth, No. 1386 Dec Term 2002 (Pa. Comm. Pls., Phila. Cty.).

Philadelphia Common Pleas Judge Mark I. Bernstein said on Feb. 23 in granting Wyeth's post-trial motion for judgment that his decision was based on the 'unique' facts of the case. The judge hasn't ruled on similar motions that could affect verdicts for three other Utah plaintiffs in the consolidated trial, who were awarded a combined $2.1 million …