A Philadelphia judge has asked an appeals court to uphold a decision granting a new trial in one of Philadelphia Common Pleas Court’s hormone replacement therapy test cases because a plaintiffs’ expert said during a deposition in another Minnesota HRT case that he’d changed his opinion about what caused the plaintiff’s breast cancer.

Philadelphia Common Pleas Judge Allan L. Tereshko said in a Sept. 24 opinion that the Superior Court should uphold the trial decision in Daniel v. Wyeth vacating a $1.68 million compensatory damages award and ordering a new trial.

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