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)

Download PDF
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 1 Doc. No. 28. Doc. No. 27 (emphasis in original). Doc. No. 28. 1 2 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?