Despite a plaintiff’s argument that upholding the dismissal of the first hormone replacement therapy tort case to reach Pennsylvania’s highest court conflicts with succeeding case law in Pennsylvania’s HRT litigation, the state Supreme Court is leaving intact a judgment notwithstanding the verdict in favor of drugmaker Wyeth.

A per curiam order was entered by the Supreme Court last month in response to the plaintiff’s petition for reconsideration in Nelson v. Wyeth. The Supreme Court first denied the plaintiff’s petition for allowance of appeal March 30.