Fen-Phen Plaintiff's Design Defect, Failure to Test Claims Remain Intact



DOCUMENTS
  • Opinion


ST. LOUIS - A federal judge has refused to allow a diet drug defendant to argue that it is immune from liability based on the unavoidably unsafe exception to the strict liability doctrine, holding that jurors must first decide whether warnings that accompanied the drug were adequate. Cavender v. American Home Products Corp., et al., No. 02-01830 (E.D. Mo.).

The May 7 ruling from the U.S. District Court for the Eastern District of Missouri comes nearly five years after Virginia Cavender filed her complaint against the makers of the diet drug combination Fen-Phen, and one month before her case is …






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