In Pennsylvania’s first precedent-setting case on hormone replacement therapy mass tort litigation, a Philadelphia judge told the Superior Court the case should be retried because a jury concluded one drugmaker was liable for the plaintiff’s breast cancer and concluded another drugmaker was not liable even though the plaintiff was taking the hormonal drugs at the same time.

The Superior Court retained jurisdiction over Simon v. Wyeth after reversing Philadelphia Common Pleas Judge Nitza I. Quinones Alejandro’s decision to grant judgment notwithstanding the verdict in the case Dec. 31. The appellate court ordered Quinones to write a supplemental opinion addressing defendant Pharmacia & Upjohn’s motion for a new trial.

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