STORY

8th Cir. Finds Expert Testimony Admissible, Reinstates Prempro Cases

July 31, 2012

ST. LOUIS — A federal appeals court majority has reversed dismissal of two Prempro breast cancer cases, ruling that the opinion of plaintiffs’ expert Donald F. Austin M.D. is admissible. Kuhn, et al. v. Wyeth, Nos. 11–1809, 11–1815 (8th Cir.).

On July 26, the majority of an 8th Circuit U.S. Court of Appeals panel ruled that Dr. Austin arrived at his contrary opinion that short-term use of Prempro causes breast cancer in a scientifically sound and methodological fashion.

Pamela Kuhn took Prempro for three years and 28 days. Shirley Davidson took the drug for one year and nine months. Both ...

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