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DEBOARD v. WYETH, INC.

Docket Nos. A-6230-07T1, A-6251-07T1

28 A.3d 1245 (2011)

422 N.J. Super. 360

Loretta DEBOARD, Plaintiff-Appellant, v. WYETH, INC., Wyeth Pharmaceuticals, Inc., and Pharmacia & Upjohn Company, Defendants-Respondents. Dora Bailey and Carol Bailey, her husband, Plaintiffs-Appellants, v. Wyeth, Inc., Wyeth Pharmaceuticals, Inc., and Pharmacia & Upjohn Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 2011.

Attorney(s) appearing for the Case

Kevin Haverty argued the cause for appellants in both appeals ( Williams Cuker Berezofsky , attorneys; Mr. Haverty, Esther E. Berezofsky , Cherry Hill, Alan H. Sklarsky and Brian Uzdavinis on the brief).

Shelia L. Birnbaum (Skadden, Arps, Slate, Meagher & Flom) of the New York bar, admitted pro hac vice, argued the cause for respondents Wyeth, Inc. and Wyeth Pharmaceuticals, Inc. (Porzio, Bromberg & Newman P.C. and Ms. Birnbaum , attorneys; Lauren E. Handler , Morristown, on the brief).

Ezra D. Rosenberg , Princeton, argued the cause for respondent Pharmacia & Upjohn Company L.L.C. (McCarter & English L.L.P. and Dechert, LLP, attorneys; Gita F. Rothschild and David J. Cooner , Newark, on the brief).

Before Judges WEFING, PAYNE and KOBLITZ.

Prior report: N.J.Super.Law Div., 2008 WL 5196852.

The opinion of the court was delivered by

PAYNE, J.A.D.

Plaintiffs Loretta DeBoard and Dora Bailey, women who contracted breast cancer after being treated with hormone replacement therapy drugs Premarin, Prempro, and Provera, appeal orders of summary judgment in favor of drug manufacturers Wyeth, Inc., Wyeth Pharmaceuticals, Inc. (collectively Wyeth) and Pharmacia & Upjohn Company (Upjohn...

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