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In re Prempro Products Liability Litigation

May 10, 2007

IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION
MARYANN DOWNING, ET AL PLAINTIFFS
v.
WYETH, INC., ET. AL. DEFENDANTS



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Plaintiff's Motion to Substitute Party (Doc. No. 5). Defendants have responded (Doc. No. 6).

In the Complaint, Mrs. Downing asserts personal injury claims involving her breast cancer and hormone replacement therapy. Mr. Downing asserts a claim for loss of consortium. On April 16, 2007, Mrs. Downing filed a suggestion of death notifying the court that Mr. Downing died.*fn1 Now, Mrs. Downing seeks to substitute herself, as the Executor of Mr. Downing's estate, to proceed with Mr. Downing's loss of consortium claim.

Since a loss of consortium claim does not survive the death of the claimant under either Ohio law or common law,*fn2 Plaintiff's Motion to Substitute Party is DENIED. Accordingly, Mr. Downing is DISMISSED.

IT IS SO ORDERED this 10th day of ...


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