The Pennsylvania Supreme Court has declined to hear the first hormone replacement therapy tort case to reach Pennsylvania’s highest court, leaving intact a judgment notwithstanding the verdict in favor of drugmaker Wyeth.

The Supreme Court’s decision last week to deny the plaintiff’s petition for allowance of appeal in Nelson v. Wyeth affirmed a trial court finding that plaintiff Jennie Nelson, of Ohio, failed to show proximate causation under the learned intermediary doctrine between her doctor’s prescription of a Wyeth-made hormonal drug and her breast cancer.

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