N.J. Court Says it Will Apply Heeding Presumption in Fen-Phen Trials

HACKENSACK, N.J. - The New Jersey trial court presiding over that state's consolidated fen-phen cases said April 7 it will apply a heeding presumption in 13 cases scheduled for trial on May 31, placing the burden on Wyeth to rebut the presumption that a physician fully informed of risks would not have prescribed a particular medication. In re: Diet Drug Litigation, Master Docket No. BER-L-13379-04MT [Brigman v. Wyeth, BER-L-2547-04MT] (N.J. Super., Bergen Cty., Law Div.).

Wyeth moved to preclude plaintiff's reliance on the presumption articulated by the New Jersey Supreme Court in Coffman v. Keene Corp., (133 N.J. 581 [1993]), …