Jury Should Decide Whether Inconsistencies in Plaintiff's Declaration and Deposition Constitute Sham

SEATTLE - A motion for summary judgment filed by Dexatrim manufacturer Chattem, Inc., was denied by a federal judge, who found that inconsistencies between the plaintiff's deposition testimony and her declaration in opposition to the defendants' motion created a genuine issue of fact. In re: PPA Products Liability Litigation, MDL 1407 (W.D. Wash.).

U.S. District Judge Barbara Rothstein's Feb. 10 order stated that she could not determine whether discrepancies in plaintiff Veronica Miller's deposition and declaration regarding her purchases of Vitamin C Dexatrim Maximum Strength Appetite Suppressant resulted from a lapse of memory or constituted a sham.

Miller claimed that …