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Wimbush v. Wyeth, 09-3380

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By FindLaw Staff on August 19, 2010 6:07 PM

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.

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