Conn. High Court Would Narrowly Interpret Comment K, Federal Judge Predicts

HARTFORD, Conn. — The Connecticut Supreme Court would interpret comment k narrowly and would decline to cloak all prescriptions drugs with blanket immunity from design defect claims, a federal judge has ruled in a Premarin/Prempro breast cancer case. Moss v. Wyeth Inc., No. 3:04-1511 (D. Conn.).

On May 24, Judge Stefan R. Underhill of the U.S. District Court for the District of Connecticut predicted that Connecticut would likely adopt the majority approach and apply comment k on a case-by-case basis as an affirmative defense that must be established by the defendant.

Kenneth Moss sued Wyeth, alleging that Premarin and Prempro …