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BROCKERT v. WYETH PHARMACEUTICALS, INC.

No. 14-07-00445-CV.

287 S.W.3d 760 (2009)

Susan BROCKERT, Appellant, v. WYETH PHARMACEUTICALS, INC., Kay Lamberth, Lana Pavlesic, James Ty, Ann Callan, and Patrick Tyrrell, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

April 14, 2009.

Attorney(s) appearing for the Case

Erik B. Walker, Houston, for appellant.

Jack Urquhart, Sandra Garza Rodriguez, Austin, Robert M. Schick, Kathleen A. Gallagher, F. Lane Heard, David J. Beck, Abigail W. Giraud, Houston, for appellees.

Panel consists of Chief Justice HEDGES and Justices GUZMAN and BROWN.

OPINION

JEFFREY V. BROWN, Justice.

In this case, appellant Susan Brockert raises two issues: (1) whether federal law preempts her failure-to-warn claims arising from her use of a prescription drug containing estrogen combined with progestin in hormone-replacement therapy; and (2) whether her design-defect claim that estrogen alone is a superior form of hormone-replacement therapy compared to estrogen with progestin is viable under Texas strict-liability...

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