Fla. Appeal Court Decertifies Prempro Medical Monitoring Class

MIAMI - A Florida Appeal Court recently decertified a state Prempro medical monitoring class, finding that the plaintiffs' claims were not common enough. Wyeth v. Arlene Gottlieb, et al., No. 3D05-491 (Fla. App. Ct., 3rd Dist.).

A three-judge panel in Florida's 3rd District Court of Appeal decertified the Florida Prempro medical monitoring class in an opinion issued Feb. 15, after manufacturer Wyeth Inc. appealed Circuit Court for Miami-Dade County Judge Lawrence A. Schwartz's order granting certification.

'Accordingly, we find that the elements of commonality, typicality, and adequacy of representation have not been prima facie established because individual issues of law …