Texas Court Revives Prempro Case V. Wyeth

Law360 (April 16, 2009, 12:00 AM EDT) -- A month after the U.S. Supreme Court rejected Wyeth Pharmaceutical Inc.'s federal preemption argument, a Texas appeals court has dealt another blow to the drugmaker, reversing Wyeth's victory in a case over the company's hormone replacement drug Prempro.

Ruling that federal law did not trump a state law failure-to-warn claim, the Court of Appeals of Texas in Houston on Tuesday revived Susan Brockert's product liability action against Wyeth and its sales representatives, more than two years after a state trial court tossed the case on preemption...
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