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Two New Jersey Hormone Therapy Lawsuits Dismissed


Madison, N.J. — Wyeth (NYSE: WYE) announced today that Judge Jamie D. Happas of the New Jersey Superior Court in New Brunswick has granted Wyeth’s motion for summary judgment in two hormone therapy cases that were scheduled for trial later this year. The court dismissed the cases of Bailey v. Wyeth, which was to have begun on September 15, and DeBoard v. Wyeth, which had an October 27 trial date. The plaintiffs in both cases alleged they developed breast cancer as a result of the use of Prempro™ and Premarinâ, hormone therapy products marketed by Wyeth, as well as Proveraâ, a progestin product marketed by Upjohn.

In granting the motions, Judge Happas ruled, among other things, that the plaintiffs “failed to provide the specific type of evidence necessary to overcome the presumption of adequacy afforded [to] FDA-approved labeling” by New Jersey law and that the warnings were “adequate as a matter of law.”

“We believe the court’s ruling was a proper application of New Jersey law and is consistent with a growing body of law around the nation, rejecting challenges to FDA-approved labeling,” says Lauren E. Handler, a partner with Porzio Bromberg & Newman, P.C., a New Jersey-based firm representing Wyeth in both cases.


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