Texas Court of Appeal Allows Prempro Lawsuit to Proceed

The Texas Court of Appeals held that a lawsuit against drug manufacturer Wyeth may proceed. The claim brought by a woman claiming that Wyeth’s hormone replacement drug Prempro caused her breast cancer.

The court found that the claims were not preempted by federal law. The court, relying on a recent United States Supreme Court ruling, rejected Wyeth’s argument that the Food and Drug Administration’s approval of a drug preempts state law “failure to warn” claims.

There are currently nearly 5,000 lawsuits based on injuries from hormone replacement drugs.

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