HRT Plaintiff's Ovarian Cancer Risk Not Foreseeable, Wyeth Contends

BENTON, Ill. - A defendant in a hormone therapy case has filed a brief opposing a plaintiff's motion to remand, arguing that a pharmacy named as a co-defendant cannot be held liable for the alleged injury because it could not have possibly foreseen the potential implications of dispensing the drug. Cook v. Wyeth, et al., No. 06-781 (S.D. Ill.).

Wyeth argues in its Nov. 27 opposition to Myra Cook's motion to remand that the only conceivable theory under which the pharmacy could be held liable for Cook's injury is if it was somehow aware that Cook was uniquely at risk …