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IN RE PREMPRO PRODUCTS LIABILITY LITIGATION

Nos. 08-2555, 08-2711, 08-2713.

586 F.3d 547 (2009)

In re PREMPRO PRODUCTS LIABILITY LITIGATION. Donna Scroggin, Plaintiff/Appellant, v. Wyeth, and its divisions; Pharmacia & Upjohn Company, L.L.C., Defendants/Appellees. Barr Laboratories, Inc.; Duramed Pharmaceuticals, Amici on Behalf of Appellee, State of Arkansas; State of Florida; State of Idaho; State of Iowa; State of Kentucky; State of Maine; State of Minnesota; State of Missouri; State of Montana; State of Nebraska; State of New Hampshire; State of New Jersey; State of New Mexico; State of North Dakota; State of Oklahoma; State of Oregon; State of South Carolina; State of South Dakota; State of Utah; Trial Lawyers Association, Amici on behalf of Appellant. In re Prempro Products Liability Litigation. Donna Scroggin, Plaintiff/Appellee, v. Wyeth, and its divisions, Defendant/Appellant, Pharmacia & Upjohn Company, L.L.C., Defendant. Barr Laboratories, Inc.; Duramed Pharmaceuticals, Amici on Behalf of Appellant, State of Arkansas; State of Florida; State of Idaho; State of Iowa; State of Kentucky; State of Maine; State of Minnesota; State of Missouri; State of Montana; State of Nebraska; State of New Hampshire; State of New Jersey; State of New Mexico; State of North Dakota; State of Oklahoma; State of Oregon; State of South Carolina; State of South Dakota; State of Utah, Amici on behalf of Appellee. In re Prempro Products Liability Litigation. Donna Scroggin, Appellee, v. Wyeth, and its divisions, Defendant, Pharmacia & Upjohn Company, L.L.C., Defendant/Appellant. Barr Laboratories, Inc.; Duramed Pharmaceuticals, Amici on Behalf of Appellant, State of Arkansas; State of Florida; State of Idaho; State of Iowa; State of Kentucky; State of Maine; State of Minnesota; State of Missouri; State of Montana; State of Nebraska; State of New Hampshire; State of New Jersey; State of New Mexico; State of North Dakota; State of Oklahoma; State of Oregon; State of South Carolina; State of South Dakota; State of Utah, Amici on behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2009.

Attorney(s) appearing for the Case

Eric B. Walker, argued, Houston, TX, James A. Morris, Jr., on the brief, Austin, TX, for Appellant.

William Hoffman, F. Lane Heard III, argued, Washington, DC, Lyn Peoples Pruitt, Little Rock, AR, Stephen L. Urbanczyk, John W. Vardaman, Jr., Washington, DC, Steven J. Glickstein, Wendy S. Dowse, on the brief, New York, NY, for Appellees.

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy. The trial was bifurcated, with liability determined...

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