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TERSIGNI v. WYETH

No. 14-1927.

817 F.3d 364 (2016)

Michael J. TERSIGNI, Plaintiff, Appellant, v. WYETH, a/k/a Wyeth, LLC, f/k/a American Home Products Corp.; American Home Products, Inc.; Wyeth Ayerst Laboratories; Wyeth Pharmaceuticals, a/k/a Wyeth Pharmaceuticals, Inc., f/k/a Wyeth-Ayerst Pharmaceuticals, Inc.; f/k/a Ayerst Laboratories, Inc.; Wyeth-Ayerst Pharmaceuticals, Inc.; AHP Subsidiary Holding Corporation, f/k/a Wyeth-Ayerst Laboratories Company, a division of Wyeth; Ayerst Laboratories, Inc., a division of Wyeth, Wyeth-Ayerst Pharmaceuticals, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 23, 2016.

Attorney(s) appearing for the Case

Louis M. Bograd , with whom Center for Constitutional Litigation, P.C., Gregory J. Bubalo , Paula S. Bliss , and Bubalo Goode Sales & Bliss, PLC were on brief, for appellant.

Theodore V.H. Mayer , with whom William J. Beausoleil , Michael D. Tiger , Hughes Hubbard & Reed LLP, Peter L. Welsh , Jesse M. Boodoo , and Ropes & Gray LLP were on brief, for appellees.

Before LYNCH, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

For a period of time in 1997, the appellant, Michael Tersigni, was prescribed Pondimin, a weight loss drug developed and sold by the appellee, Wyeth.1 Tersigni later sued Wyeth, alleging that Pondimin caused him to develop a dangerous condition known as primary pulmonary hypertension ("PPH"). The...

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