In re: Prempro Prods. Liab. Litig., No. 08-2555

In a product liability action against hormone therapy manufacturers, partial judgment for plaintiff and for defendants is affirmed in part where: 1) plaintiff's Arkansas law claims were not preempted because there was no evidence that the FDA would not have permitted the strengthening of the labels of the drugs at issue in a manner consistent with Arkansas law; 2) plaintiff's expert testimony on causation was properly admitted because the expert ruled out other possible causes of plaintiff's disease; 3) the district court's instruction on proximate cause was correct; and 4) judgment for defendants on punitive damages was correct because defendants did not act with recklessness or malice.

Read In re: Prempro Prods. Liab. Litig., No. 08-2555

Appellate Information

Submitted: May 13, 2009

Filed: November 2, 2009

Judges

Opinion by Judge Wollman