Ball v. Wyeth Pharmaceutical, et al

Filing 29

ORDER denying 27 Motion for Summary Judgment. Signed by Judge Billy Roy Wilson on 3/21/11. (kpr)

Ball v. Wyeth Pharmaceutical, et al

Doc. 29

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION PATRICIA BALL v. WYETH, INC., et al. : : : : : : : : : : : MDL Docket No. 4:03CV1507-BRW 4:04CV01981

PLAINTIFF

DEFENDANTS

ORDER Pending is Defendants' Motion for Summary Judgment (Doc. No. 27). Plaintiff has responded.1 Defendants contend that they are entitled to summary judgment because Plaintiff, in her fact sheet, did "not contend that she experience the basic symptoms of menopause," and, therefore "no expert can reliably rule out the role of Plaintiff's endogenous estrogen" in causing her breast cancer.2 In response, Plaintiff points out that her fact sheet listed "`[f]atigue and temperature changes,' both recognized symptoms of menopause."3 Accordingly, Defendants' Motion for Summary Judgment (Doc. No. 27) is DENIED. IT IS SO ORDERED this 21st day of March, 2011. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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Doc. No. 28. Doc. No. 27 (emphasis in original). Doc. No. 28. 1
Dockets.Justia.com

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