An Ohio woman died from primary pulmonary hypertension ("PPH") in 2003. Her condition was linked directly to her use of the drug Redux, a diet drug she took to help control her weight.

Now, just recently and seven-plus years later, a U.S. Appeals Court has reinstated her family's wrongful death lawsuit against Wyeth, the manufacturer of Redux.

The family's lawsuit was based on negligence under Ohio law, alleging that Redux should never have been publicly released, given that Wyeth knew of its potential for serious health risks, including PPH. The trial court hearing the case dismissed it, based on its view that the family did not have legal arguments strong enough to merit a trial. The lower court held specifically that, because federal law preempted negligence claims brought under state law, drug manufacturers could not be found liable under state law.

The appellate court disagreed with that interpretation, noting that, "... not only is there a presumption against preemption, but the case law supports the conclusion that Congress did not intend to preempt state tort law claims when it passed the Food, Drug and Cosmetics Act."

The woman took Redux, more popularly known as fen-phen, over a two-year period. The drug was highly profitable for Wyeth, which spent more than $50 million marketing it. Nonetheless, it had a short shelf life, and Wyeth took it off the market in 1997 at the request of the FDA and owing to growing criticism by researchers.

The appellate court's reinstatement of the claim is significant in that it will almost certainly result in many other Redux wrongful death lawsuits being brought against Wyeth under the laws of different states.

Related Resource: www.news-medical.net "Ohio appeals court reinstates claim that diet drug Redux should not have been marketed"