Published in Women's Health Law Weekly, March 4th, 2007
The plaintiff in the Brockert case had alleged that she had developed breast cancer as a result of her use of Prempro.
In granting the motion, Judge Baker ruled, among other things, that the plaintiff's "failure to warn" claim was preempted by the regulation of drug labeling by the U.S. Food and Drug Administration (FDA).
The plaintiff was represented by the Houston-based firm of Hissey,...
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