Wimbush v. Wyeth, 09-3380, involved a plaintiff's suit against a diet pill manufacturer claiming strict liability and common law negligence. In affirming in part, the court held that it was proper to grant defendant's motion for summary judgment on a strict liability design defect claim as plaintiff failed to point to any evidence creating a factual dispute as to the adequacy of warning. The court also affirmed trial court's grant of summary judgment for defendant on post-FDA approval negligence claims as plaintiff failed to point to any actual evidence in a particularized manner. However, the court vacated in part as the district court erred in granting summary judgment to defendant on preemption grounds on plaintiff's pre-approval common law negligence claims as FDA approval does not automatically preempt state law tort claims for negligence.
- Full text of Wimbush v. Wyeth, 09-3380