Plaintiffs' Claims Against Wyeth Are Not Judicially Estopped
December 19, 2008
PHILADELPHIA - A woman who claims that she was injured by the diet drug Pondimin is not judicially estopped from suing Wyeth Inc. because her failure to list the potential claim in her 2005 bankruptcy filings was made in good faith, a Pennsylvania federal judge ruled Dec. 15. In re Diet Drugs v. Wyeth Inc., Nos. 07-20144, 07-01766 (E.D. Pa.).
In a Dec. 15 order, Chief U.S. District Judge Harvey Bartle III reasoned that in light of certain advice from the plaintiff's former law firm, it was reasonable for her to believe that she did not have a claim at …