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NJ Trial Court Dismisses Two Hormone Therapy Cases Against Manufacturers
In a significant victory for pharmaceutical companies, the New Jersey Superior Court has granted summary judgment to Wyeth in two hormone therapy cases that had been scheduled for trial last fall. These two cases were Bailey v. Wyeth, Inc., No. L-9999-06 MT (N.J. Law Div. July 11, 2008) and Deboard v. Wyeth, Inc., No. L-1147-06 MT (N.J. Law Div. July 11, 2008).
The plaintiffs, Dora Bailey and Loretta Deboard, alleged that they developed breast cancer as a result of using Premarin, Provera, and Prempro to treat menopausal symptoms. Wyeth and co-defendant Upjohn manufactured the medications. The plaintiffs alleged that the products were defective under the New Jersey Products Liability Act because they failed to include an adequate warning of a risk of breast cancer. The plaintiffs also asserted claims under the New Jersey Consumer Fraud Act, and fraudulent and negligent misrepresentation. Previously, they had voluntarily dismissed claims alleging design defect, breach of implied warranty, breach of express warranty, and negligence.
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