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Philadelphia Mass Tort Program: Alive and Well

By Michelle L. Tiger and Daniel J. Siegel

Status report from Philadelphia: The Mass Tort Program is alive and well.

A recent decision by Judge Norman Ackerman of the Philadelphia Court of Common Pleas sent a message to pharmaceutical giant Wyeth (formerly American Home Products) that the court would not require persons injured by diet drugs to refile their lawsuits in the states where they live. Instead, by denying Wyeth's Motion to Dismiss on the Basis of Forum Non Conveniens, Judge Ackerman allowed roughly 50 drug cases to remain in Philadelphia County. More importantly, with approximately 12,000 diet drug cases still pending in Philadelphia, the decision means that thousands of other litigants will likely not have to face dismissal and refiling in their home states.

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