US Ct of Appeals reinstates case vs Wyeth; rejects preemption defense

A federal appeals court in Ohio has partially reinstated a lawsuit over the Redux diet pill after deciding that FDA approval did not preempt state claims that Wyeth was negligent in marketing the drug. (The drug was withdrawn in 1997 over links to serious heart and lung ailments.) The US Court of Appeals for the Sixth Circuit reversed dismissal of negligence over Wyeth’s actions prior to the 1996 approval of Redux, as well the dismissal of punitive damages (read the ruling here). For more on the story go to Pharmalot.