Failure-To-Warn Claims Need Fail-Proof Evidence In NJ

Law360, New York (November 14, 2011, 3:20 PM EST) -- On Sept. 29, 2011, in Bailey v. Wyeth, et al., a New Jersey appellate court affirmed summary judgment in favor of two Pfizer subsidiaries and Wyeth Inc., dismissing claims for violations of New Jersey's Product Liability Act.

The claims arose from breast cancer injuries allegedly sustained from certain hormone replacement therapy (HRT) pharmaceuticals. The plaintiffs contended that the manufacturers failed to provide adequate warnings of the risks allegedly associated between breast cancer and the HRT medications.

At issue was whether plaintiffs were able to circumvent New...
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