DeBoard v. Wyeth, Inc., A-6230-07T1, A-6251-07T1; Appellate Division; opinion by Payne, J.A.D.; decided and approved for publication September 29, 2011. Before Judges Wefing, Payne and Koblitz. On appeal from the Law Division, Middlesex County, Docket Nos. L-1147-06 ( __ N.J. Super. __ (Law Div. 2011)), and L-099906 (__ N.J. Super. __ (Law Div. 2011)). [Sat below: Judge Happas.] D.D.S. No. 32-2-3798 [5 pp.]
Plaintiff Loretta DeBoard, who contracted breast cancer after being treated with the hormone replacement therapy drugs Premarin, Prempro and Provera, filed suit against drug manufacturers Wyeth, Inc., Wyeth Pharmaceuticals, Inc., and Pharmacia & Upjohn Company, alleging violations of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 to -11, as the result of defendants’ alleged failure to warn, fraud, intentional and negligent misrepresentation, and violations of the New Jersey Consumer Fraud Act, 56:8-1 to -20.1. Dora Bailey asserted similar claims. The two women’s claims formed a part of HRT litigation that was designated as a mass tort and assigned to Middlesex County for discovery and trial.
