Wyeth has reported a legal victory with a Minnesota district court having dismissed a product liability lawsuit which had linked the company's hormone replacement therapy to breast cancer.
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In rulings on the admissibility of plaintiff’s expert testimony and on the motion for summary judgment, the court found that the plaintiff, Patricia Zandi, had not offered any scientifically valid evidence to support her claim that she developed breast cancer as a result of her use of Premarin and Prempro.
Judge George McGunnigle held that the plaintiff had provided no evidence of a method generally accepted in the scientific community by which a doctor can determine the cause of breast cancer in an individual. The court concluded that the scientific community has not accepted that breast cancer has a limited number of discrete and recognized possible causes such that ruling out one cause would implicate another.
Rebecca Moos, a partner with Bassford Remele, a Minneapolis firm representing Wyeth in the case, said: “We are pleased with the court’s ruling and believe it was consistent with the body of scientific knowledge concerning hormone therapy and a proper application of the law.”
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