Wyeth Denied Summary Judgment on Design Defect, Fraud Claims

ALEXANDRIA, Va. - A federal judge has denied Wyeth summary judgment on negligent design defect and fraud claims brought in a Prempro injury case, finding issues of fact as to whether an alternative design might have carried less risk and whether the drug maker concealed information concerning the link between the drug and breast cancer. Torkie-Tork v. Wyeth, No. 1:04cv945 (E.D. Va.).

On Oct. 4, Judge T.S. Ellis III of the U.S. District Court for the Eastern District of Virginia did, however, grant Wyeth summary judgment on the fraud-in-the-label claim, ruling that the Prempro label did not contain false statements.