Judge Refuses to Certify Preemption Question in Prempro Case

LITTLE ROCK, Ark. - A U.S. District Judge has denied Wyeth's petition to certify for interlocutory appeal a decision which held that state law failure-to-warn claims are not preempted by the FDA's approval of the company's Prempro label. In re: Prempro Products Liability Litigation, No. 03-1507; Rush v. Wyeth, et al., No. 05-497 (E.D. Ark.).

Judge William R. Wilson Jr. of the Eastern District of Arkansas denied the motion Dec. 15 based on findings of fact and conclusions of law he issued from the bench earlier in the day. The order noted that a separate, renewed motion by Wyeth seeking …