Wyeth: Certify Preemption Ruling for Appeal Before 8th Cir.

LITTLE ROCK, Ark. - Wyeth has asked a federal court to certify for interlocutory appeal its decision that state law failure-to-warn claims are not preempted by the FDA's approval of the company's Prempro label, which warned of breast cancer risks associated with the hormone replacement therapy. In re: Prempro Products Liability Litigation, No. 03-1507; Rush v. Wyeth, et al., No. 05-497 (E.D. Ark.).

In a motion filed Nov. 8 in the U.S. District Court for the Eastern District of Arkansas, Wyeth highlights the potential impact that the decision would have on thousands of claims pending in the Prempro MDL and …