Calif. Judge Refuses To Certify Class In Hormone Replacement Case

SAN DIEGO - A California federal judge has refused to certify a class of Wyeth Inc. hormone replacement drug users who allege manifest or latent injuries because the class representative only pursued partial relief. Krueger v. Wyeth Inc., No. 03-2496 (S.D. Calif.)

On Feb. 19, Judge Janis L. Sammartino of the U.S. District Court for the Southern District of California ruled that the class representative engaged in "claim-splitting" when she failed to pursue personal injury damages on behalf of class members with manifest injuries.

In 2003, April Krueger sued Wyeth in the Southern District of California, alleging that its …