Cincinnati, OHA significant decision in a case being watched very closely by regulators, patient advocates and the entire pharmaceutical industry was reached recently regarding an en banc petition made by Wyeth in a Redux (commonly known as fen-phen) lawsuit.
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Wyeth's en banc petition came after the Sixth Circuit Court of Appeals in August rejected Wyeth's claim that Federal drug regulations preempt Ohio negligence claims. The lawsuit claims that Redux should never have been marketed to the American people. It was one of the first cases to be heard following the U.S. Supreme Court's landmark preemption ruling in Wyeth v. Levine.
Although Fen-Phen was first withdrawn from the market in 2004 (and again in 2006) due to its association with Primary Pulmonary Hypertension (PPH), heart valve problems, and neurotoxicity of the brain, Fen-Phen diet pills containing ephedra are still sold over-the-counter, mainly in health food stores. Consequently, PPH and Fen-phen cases are increasing. As well, many people who took prescription Fen-Phen diet pills years ago have recently been diagnosed with PPH.