N.J. Judge Dismisses Medical Monitoring Claim in Prempro Suit

ATLANTIC CITY, N.J. - A New Jersey Superior Court judge recently granted Wyeth's motion to dismiss the medical monitoring claim in a Prempro lawsuit, ruling that medical monitoring is not an appropriate remedy in a 'pure' products liability action. Vitanza v. Wyeth Inc. No. ATL-L-2093-04-MT (N.J. Sup. Ct.)

Judge Carol E. Higbee of the New Jersey Superior Court, Atlantic and Cape May Counties, granted Wyeth's motion on Jan. 24, stating that the New Jersey Products Liability Act limits compensation to harms such as physical damage to property; personal physical illness, injury or death; pain and suffering, mental anguish or emotional …