Torkie-Tork v. Wyeth

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

In this removed diversity product liability action, plaintiff Georgia Torkie-Tork sues defendant Wyeth for compensatory and punitive damages, alleging that Prempro, a drug manufactured and sold by Wyeth, caused her to suffer breast cancer. At issue following discovery is whether summary judgment is appropriate in favor of Wyeth on plaintiffs claims for negligent design defect and fraud. 1 Wyeth argues that no genuine issue of material fact exists on either claim because, inter alia, (i) plaintiff has not adduced evidence of an alternative…