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Rush v. Wyeth

February 3, 2007

RE: RUSH
v.
WYETH



The opinion of the court was delivered by: Richard Sheppard Arnold

LETTER-ORDER

Dear Counsel:

If a person with abnormal cells in the breast takes Prempro and it "causes" them to become cancerous, or if there is a tiny cancer that is basically "stable" and the taking of Prempro causes it to break loose and grow, all of this is "promotion" as I see it; and is, therefore, compensable to the extent that Plaintiff would not have had the cancer to the extent now suffered.

Accordingly, Wyeth's submission to strike Dr. Colditz's testimony (Doc. No. 557) is denied.

Plaintiff's request that I open the door on other drugs (Doc. No. 541) is denied.

Cordially,

Wm. R.Wilson, Jr.

20070203

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