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

Oct 15, 2010, 10:31 ET from Anderson Law Offices, LLC

CINCINNATI, Oct. 15/PRNewswire-USNewswire/ --  "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