LORETTA DEBOARD VS. WYETH, INC., ET AL. DORA BAILEY, ET AL. VS. WYETH, INC., ET AL. A-6230-07T1;A-6251-07T1 (CONSOLIDATED)
We affirm the orders of summary judgment entered Jamie Happas dismissing plaintiff's product liability claims arising from utilization of hormone replacement therapy, relying in our decision on the comprehensive opinion of Judge Happas, which will be published simultaneously. In that opinion, Judge Happas properly declined to extend our reasoning in McDarby v. Merck & Co., Inc., 401 N.J. Super. 10 (App. Div. 2008), appeal dismissed, 200 N.J. 282 (2009), to permit plaintiffs to overcome the presumption of the adequacy of FDA-approved warnings by demonstrating that further testing, if voluntarily undertaken, would have disclosed an increased risk from taking the drugs at issue. 09-29-11
