In Pennsylvania’s first precedent-setting decision regarding hormone replacement therapy mass tort litigation, the Superior Court has revived a plaintiff’s lawsuit by finding that the plaintiff was entitled to an exception to the two-year statute of limitations because she couldn’t have reasonably known of an alleged link between her breast cancer and HRT drugs before the publication of a widely publicized study.

Despite a $1.5 million verdict in favor of plaintiff Merle Simon, Simon’s lawsuit was dismissed because of the judgment notwithstanding the verdict granted by Philadelphia Common Pleas Judge Nitza Quinones Alejandro.

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