Judge Rules Plaintiffs Can Pursue Medical Monitoring Claims Against Prempro Maker

PHILADELPHIA - Plaintiffs seeking to establish a medical monitoring program for the early diagnosis and treatment of breast cancer sufficiently pled that they are at a significantly increased risk of harm of developing the disease as a result of using Prempro, a Pennsylvania judge ruled. Claudette Albertson, et al., v. Wyeth, Inc., et al., No. 2944 August Term (Pa. Comm. Pleas Ct., Phila. County).

Philadelphia Common Pleas Court Judge Albert Sheppard overruled Wyeth's preliminary objection to the plaintiffs' negligence and medical monitoring claims, but sustained the drug company's objection to the unjust enrichment claims, violation of Pennsylvania's Unfair Trade Practices …