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On February 22, 2011, the United States Supreme Court held that the National Childhood Vaccine Injury Act of 1986 (NCIVIA or Act) bars state-law design-defect claims against vaccine manufacturers. The Bruesewitz family sued Wyeth, then the parent company...

CINCINNATI - (Mealey's) Citing the Supreme Court's rejection of implied preemption of pharmaceutical product liability in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774), the Sixth Circuit U.S. Court of Appeals on Aug. 18...

CHARLESTON, W.Va. - (Mealey's) The West Virginia Supreme Court of Appeals on Dec. 17 ruled that plaintiffs must show reliance and ascertainable loss in state consumer fraud cases and said the state law does not apply to prescription drugs ( Shirley...

JONESBORO, Ark. - (Mealey's) The fifth bellwether trial in the Prempro multidistrict litigation ended in a defense verdict on Oct. 20 in the U.S. District Court for the Eastern District of Arkansas after a jury found that Wyeth did not inadequately...

PHILADELPHIA — (Mealey’s) Pennsylvania law allows drug companies to be sued if they fail to stop marketing drugs known to be unreasonably harmful, and the manufacturers are not immune from being sued for damages for lack of due care, the Pennsylvania...

Just when it appeared that the expert network insider trading investigations had come to an end with convictions and guilty pleas, the Manhattan U.S. Attorney's Office and the SEC announced the filing of what may be the most lucrative of insider trading...

BRIDGEPORT, Conn. - (Mealey's) Wyeth is not liable for the breast cancer death of a woman who took the company's hormone therapy drugs Premarin and Prempro, a Connecticut federal jury said May 30, finding that the drugs' labeling contained...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 declined to review a Nevada Supreme Court decision affirming a $35 million punitive damages award in a Prempro/Premarin injury case ( Wyeth LLC, et al., v. Jeraldine Scofield, et al....

In this Emerging Issues analysis, toxic tort litigator and author Margie Searcy Alford comments on the U.S. Supreme Court in Wyeth v. Levine (129 S. Ct. 1187 [2009]). The court held that federal law did not preempt state failure-to-warn claims against...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 21 denied Wyeth's petition for a writ of certiorari seeking reversal of the Eighth Circuit U.S. Court of Appeals ruling allowing a punitive-damages-only trial for a woman claiming that...

PHILADELPHIA - (Mealey's) A Pennsylvania state court jury on Dec. 6 awarded $72.6 million to three women who say they developed breast cancer after taking hormone replacement therapy (HRT) drugs made by subsidiaries of Pfizer Inc. ( Susan Elfont,...

WASHINGTON, D.C. - (Mealey's) The extent to which tort claims for alleged vaccine injury are permitted by legislation that created a federal compensation system was brought before the U.S. Supreme Court Oct. 12 ( Russell Bruesewitz, et al. v. Wyeth...

ST. LOUIS - (Mealey's) In a 2-1 ruling July 26, the Eighth Circuit U.S. Court of Appeals reversed summary judgment in two Prempro bellwether cases that involve the risk of breast cancer in women who took the hormone replacement therapy drug for less...

TRENTON, N.J. - (Mealey's) A New Jersey appeals court panel on Sept. 29 affirmed summary judgment in two hormone replacement therapy (HRT) cases in which the state's mass tort court found that the plaintiffs failed to present sufficient evidence...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 12 denied review of a circuit court ruling that 112 hormone replacement therapy (HRT) plaintiffs did not fraudulently misjoin nondiverse defendants in order to keep their cases in Minnesota...