Texas Appeals Court Reverses Preemption Finding in Prempro Case

HOUSTON - A Texas appeals court has reinstated the failure-to-warn claims of a woman who alleged that she developed breast cancer as a result of taking Prempro, reversing a trial court decision that awarded summary judgment to Wyeth based on federal preemption. Brockert v. Wyeth Pharmaceuticals Inc., et al., No. 14-07-00445-CV (Texas App. Ct., 14th Ct.).

In an opinion issued April 14, the Fourteenth Court of Appeals held that in light of the U.S. Supreme Court's decision in Levine v. Wyeth, it cannot affirm the trial court's preemption ruling absent evidence the FDA would have rejected a stronger breast cancer …