Merchantability, Design Defect Claims to Proceed in HRT Case

CHARLESTON, W.Va. - Claims of breach of the implied warranty of merchantability and design defect will proceed against drug makers in a case in which a woman claims that hormone replacement treatment drugs caused her to develop breast cancer. Michael v. Wyeth, No. 04-435 (S.D. W.Va.).

On May 25, Judge John T. Copenhaver Jr. of the U.S. District Court for the Southern District of West Virginia ruled that issues of fact exist as to the adequacy of defendants' drug labeling and whether use of a natural progestin would have avoided plaintiff's breast cancer.

In 1994, Carolyn Michael's physician prescribed hormone …