Wyeth Denied Summary Judgment on Prempro Design Defect Claim

LITTLE ROCK, Ark. - An HRT plaintiff can pursue a design defect claim in which she alleged that a safer, low dose version of the drug was available and was just as effective as the high dose product she was taking when she was diagnosed with breast cancer, a federal judge has ruled. In re: Prempro Products Liability Litigation; Scroggin v. Wyeth, et al., No. 03-1507 (E.D. Ark.).

In a Jan. 14 decision denying Prempro maker Wyeth Inc.'s partial motion for summary judgment on the claim, Judge William R. Wilson Jr. ruled that fact issues remain as to whether Prempro, …