Texas Appeals Court Reverses Preemption Ruling In Prempro Case
HOUSTON - A state court judge’s ruling that a woman’s claims that Wyeth and Pfizer Inc. failed to adequately warn about the risk of breast cancer associated with the use of their hormone replacement therapies were preempted was reversed by an appellate court in Texas on April 14 based on the U.S. Supreme Court’s ruling in Wyeth v. Levine (129 S. Ct. 1187; 173 L. Ed. 2d 51; 2009 U.S. LEXIS 1774), but the panel upheld the dismissal with prejudice of the plaintiff’s design defect claims (Susan Brockert v. Wyeth, et al., No. 14-07-00445-CV, Texas App., 14th Dist.; 2009 Tex. App. LEXIS 2546; See February 2007, Page 6).
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