Strict Liability, Negligence Claims Dismissed Without Prejudice in Florida Prempro Action

MIAMI — A Florida federal judge has dismissed without prejudice strict liability, negligence, and negligent misrepresentation claims asserted against the makers of Prempro, ruling that they were not supported by sufficient facts and/or inadequately pled.

However, in the Feb. 1 order, Chief Judge K. Michael Moore of the U.S. District Court for the Southern District of Florida gave the plaintiff an opportunity to amend the claims to cure those deficiencies.

Maggie Tsavaris sued Pfizer Inc. and Wyeth LLC, alleging that her ingestion of hormone replacement therapy drug Prempro caused her to develop breast cancer. Her first amended complaint listed claims …