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WOOD v. WYETH-AYERST LABORATORIES

No. 2000-SC-1067-DG.

82 S.W.3d 849 (2002)

Erma Rae WOOD, on Behalf of Herself and All Others Similarly Situated, Appellants, v. WYETH-AYERST LABORATORIES, DIVISION OF AMERICAN HOME PRODUCTS; A.H. Robins Company, Appellees.

Supreme Court of Kentucky.

August 22, 2002.

Attorney(s) appearing for the Case

John R. Shelton, Parker & O'Connell, PLLC, Louisville, for Appellant.

William D. Grubbs, Jann B. Lodsdon, Kristin M. Lomond, David T. Schaefer, Richard H. Clay, Stephen D. Weisskopf, Woodward, Hobson & Fulton, Louisville, Victor E. Schwartz, Mark A. Behrens, Rochelle M. Tedesco, Shook, Hardy & Bacon LLP, Washington DC, Hugh F. Young Jr., Product Liability Advisory Council, Reston, VA, William Kennedy Simpson, Thompson, Miller & Simpson, Louisville, for Appellee.

GRAVES, Justice.

I.

In 1973, the United States Federal Food and Drug Administration approved the use and sale of fenfluramine, an appetite suppressing diet medication. The drug was tested, manufactured, and packaged by A.H. Robins and sold by Wyeth-Ayerst Laboratories, under the trade name Pondimin. Appellees, American Home Products Corporation (hereinafter referred to collectively as "AHPC"), of which Wyeth-Ayerst is a division, also marketed another FDA...

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