Legal Opinion

Pamela Kuhn v. Wyeth, Inc.

Court of Appeals for the Eighth Circuit

Decided July 26, 2012No. 11-1809, 11-1815PublishedCited by 60 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Pamela Kuhn and Shirley Davidson were prescribed Prempro, a hormone therapy drug comprised of estrogen and progestin and manufactured by Wyeth.1 Kuhn took Prempro for three years and twenty-eight days; Davidson took it for one year and nine months. Both women developed breast cancer and filed separate lawsuits against Wyeth in the Western District of Arkansas. The complaints alleged, among other things, that the use of Prempro increased the risk of breast cancer and that Wyeth failed to adequately warn of the drug’s adverse effects. Both cases were transferred to the…

2Cases cited10 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  5. In Re: Tmi Litigation Lori Dolan Joseph Gaughan Ronald Ward Estate of Pearl Hickernell Kenneth Putt Estate of Ethelda Hilt Paula Obercash Jolene Peterson Estate of Gary Villella Estate of Leo Beam, No. 96-7623 in Re: Tmi Litigation All Except Lori Dolan, Joseph Gaughan, Ronald Ward, Estate of Pearl Hickernell, Kenneth Putt, Estate of Ethelda Hilt, Paula Obercash, Jolene Peterson, Estate of Gary Villella and Estate of Leo Beam, No. 96-7624 in Re: Tmi LitigationCourt of Appeals for the Third Circuit · 1999

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3Cited by60 opinions

  1. Scott Johnson v. Mead Johnson & CompanyCourt of Appeals for the Eighth Circuit · 2014
  2. Craig Shipp v. Kevin MurphyCourt of Appeals for the Eighth Circuit · 2021
  3. Milward v. Rust-Oleum Corp.Court of Appeals for the First Circuit · 2016
  4. In re Abilify (Aripiprazole) Prods. Liab. Litig.District Court, N.D. Florida · 2018
  5. Joseph Hirchak v. W.W. GraingerCourt of Appeals for the Eighth Circuit · 2020

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