A Pennsylvania appeals court has ruled that a state statute of limitations does not bar a product liability claim brought by a woman who alleged that she developed breast cancer as a result of taking the Defendant’s hormone replacement therapy drug. The Plaintiff developed breast cancer after taking Provera, which is manufactured by Upjohn, for approximately ten years as part of a hormone replacement therapy program. The Plaintiff sued Upjohn for failing to provide adequate warnings. The Defendant argued that the lawsuit was barred by Pennsylvania’s two-year statute of limitations for personal injury claims.
But the appeals court decided that the Plaintiff’s suit was timely because it was filed within two years of the Women’s Health Initiative Study published in 2002 by the National Institutes of Health. “It is entirely unreasonable that a lay person, completely lacking in medical training, would make the logical connection between [hormone replacement therapy] and breast cancer prior to the release of the [Women’s Health Initiative] study,” the court said. The Plaintiff presented sufficient evidence, according to the ruling, for the jury to find that her doctors would not have prescribed Provera had Upjohn provided different warnings. Accordingly, the court reinstated a $1.5 million jury verdict, subject to the trial court’s consideration of Upjohn’s motion for a new trial.
Source: Lawyers USA Online
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