Wyeth Denied Summary Judgment in Prempro/Premarin Breast Cancer Case

OMAHA, Neb. - A Nebraska federal judge has denied Wyeth summary judgment on strict product liability, fraudulent misrepresentation and breach of express warranty claims in a Premarin/Prempro breast cancer case, finding issues of fact as to whether the drug maker adequately warned prescribing physicians of the risks associated with the hormone therapy replacement drugs. Kammerer v. Wyeth, No. 8:04-196 (D. Neb.).

On Nov. 1, Chief Judge Joseph F. Bataillon further ruled that there are disputed issues of fact with respect to when the applicable statute of limitations began to run. However, he granted Wyeth summary judgment on the claim for …