Appeals Court rejects Wyeth's arguement

[nick]

too bad wyeth

I am awaiting a phone call back to see if this is also possible in NE

HINT

Copy the below statement and send it to a personal injury lawyer in the state you reside and ask if your state allows this kind of lawsuit.


Statement of Ben Anderson, Esq., Regarding Denial of Wyeth's En Banc Petition to Sixth Circuit Court of Appeals in Major Drug Regulation Pre-emption Case
Published: Friday, 15 Oct 2010 | 10:31 AM ET Text Size
CINCINNATI, Oct 15, 2010 /PRNewswire via COMTEX/ -- "This is a significant decision in a case being watched very closely by regulators, patient advocates and the entire pharmaceutical industry," commented Benjamin H. Anderson, Esq.

"We strongly believe arguments were made that an en banc hearing was not necessary and that the three-judge panel had acted correctly in reinstating the plaintiff's claim that the diet drug Redux (commonly known as fen-phen) should never have been marketed to the American people." 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. Anderson noted that the case (Oliver Wimbush v. Wyeth et al., # 09-3380) was one of the first to be heard following the U.S. Supreme Court's landmark preemption ruling in Wyeth v. Levine. His firm, Anderson Law Offices, LLC, Cleveland, Ohio, is counsel for the plaintiff.

SOURCE Anderson Law Offices, LLC www.prnewswire.com Copyright (C) 2010 PR Newswire. All rights reserved -0- KEYWORD: Ohio INDUSTRY KEYWORD: PHA

MTC SUBJECT CODE: LAW

POL

[soootired]

FYI/ I sent the above article to my attorney & this was his response.
++++++++++++++++++++++++++++


I have not kept abreast of the cases XXXXXX mentioned in her e-mail. This
would be a case filed in the federal court system, and then taken up on
appeal to the United States Court of Appeals for the Ninth Circuit. It
could present issues of federal constitutional law and not involve state law
at all. Without reading the individual cases it is difficult to say.

The Ninth Circuit traditionally resolves appeals by a three judge panel , but
these judges may request a hearing of the whole panel. Also, there are some
cases that, given the nature of the controversy, would be heard by the
whole panel. This might include certain constitutional issues.

In any event, it sounds like Wyeth thinks that the appeal should be heard by
the panel "en banc" while the three judge panel seemingly felt they had
jurisdiction to resolve the appellate issue by themselves.

[hay joe]

Joe are you still on here... what do you think of this.