Learned Intermediary Applies to Bar Diet Drug Lawsuit, Judge Rules

ST. LOUIS - A federal judge has awarded summary judgment to Wyeth in a diet drug suit, after determining that the plaintiff failed to provide evidence sufficient to overcome the manufacturer's learned intermediary defense. Madsen v. American Home Products, et al., No. 02-1835 (E.D. Mo.).

Judge E. Richard Webber of the U.S. District Court for the Eastern District of Missouri said in a March 7 memorandum and order that the Ember Madsen's failure to warn and design defect claims cannot withstand Wyeth's defense because Maden's physician indicated he would have continued to prescribe the diet drugs even after he became …