Texas Judge Says Prempro Claims Preempted by Federal Law

HOUSTON - A state court judge has dismissed a Texas woman's Prempro breast cancer lawsuit after determining that the plaintiffs' failure to warn claims were preempted by federal law. Brockert, et al. v. Wyeth Pharmaceuticals, et al., No. 2003-49357 (Texas Dist. Ct., Harris Cty.).

Harris County District Court Judge Caroline Baker dismissed the complaint after awarding summary judgment to Prempro manufacturer Wyeth and several other defendants named in the lawsuit filed by Susan Brockert.

Brockert sued after developing breast cancer she claimed was caused by her ingestion of hormone replacement therapy.

Wyeth moved for summary judgment, arguing that Brockert's failure …