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RIVERA v. WYETH-AYERST LABORATORIES

No. CIV. A. G-00-345.

121 F.Supp.2d 614 (2000)

Elizabeth RIVERA and the Arkansas Carpenters Health and Welfare Fund v. WYETH-AYERST LABORATORIES, A Division of American Home Products Corp. and American Home Products Corp.

United States District Court, S.D. Texas, Galveston Division.

November 8, 2000.

Attorney(s) appearing for the Case

Arthur Sadin, Youngdahl and Sadin, Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for Elizabeth Rivera, Arkansas Carpenters Health and Welfare Fund, plaintiffs.

Stephen Robert Lewis, Jr, Lewis & Williams, Galveston, TX, for Wyeth-Ayerst Laboratories Company, American Home Products Corporation, defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

KENT, District Judge.

This case involves a claim to recover economic damages resulting from the purchase of the prescription drug Duract, which has been taken off the market due its risk of causing liver damage. Plaintiffs bring claims on their own behalf and on behalf of a class of purchasers of Duract. Now before the Court is Defendants' Motion to Dismiss for Failure to State...

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