Prempro Breast Cancer Claims are Not Untimely, Judge Rules

ALEXANDRIA, Va. - The limitations period on Prempro breast cancer claims was tolled by the filing of a federal class action of which the plaintiff was an unnamed class member, a Virginia federal judge has ruled. Torkie-Tork v. Wyeth, No. 1:04cv945 (E.D. Va.).

On June 16, Judge T.S. Ellis III of the U.S. District Court for the Eastern District of Virginia denied Wyeth's motion for summary judgment, ruling that Virginia Code Section 8.01-229(E)(1) tolls the two-year statute of limitations.

In 1996, Georgia Torkie-Tork was prescribed Prempro by Dr. Joel Schulman for treatment of severe menopausal symptoms. Plaintiff continued the treatment …