Tersigni v. Wyeth, No. 14-1927 (1st Cir. 2016)
Annotate this CaseDuring 1997, Appellant was prescribed Pondimin, a weight loss drug developed and sold by Wyeth and its subsidiaries and other affiliates (collectively, Wyeth). Appellant later filed suit against Wyeth, alleging that Pondimin caused him to develop primary pulmonary hypertension. The district court granted summary judgment in favor of Wyeth on the majority of Appellant’s claims, including his claim for negligent design, and allowed only Appellant’s claim for negligent failure to warn to go to trial. After a trial, the jury found in Wyeth’s favor on Appellant’s negligent failure to warn claim. The First Circuit affirmed, holding (1) summary judgment was properly entered in Wyeth’s favor on Appellant’s negligent design claim; and (2) the district court did not err by denying Appellant’s motions in limine seeking to exclude evidence of his prior incarceration and cocaine use.
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