Summary Judgment for Wyeth in Late-Filed Philadelphia Fen-Phen Case

PHILADELPHIA - A Pennsylvania appellate court has affirmed summary judgment for Wyeth in a diet drug case, finding that a narrowly worded tolling agreement between the parties could not revive a lawsuit filed beyond the state's two-year limitations period. Pare v. Wyeth Inc., et al., No. 1544 EDA 2004 (Pa. Super. Ct.).

Mark Pare originally sued Wyeth in Mississippi state court on Sept. 15, 2000, alleging that his use of the diet drug Pondimin (fenfluramine) caused mitral valve disease. He was one of a number of plaintiffs and the only plaintiff who did not settle with Wyeth during the succeeding …