Discovery Rule Exception in Hormone Replacement Cases Ruled a Jury Question

September 1, 2010 | By: Editor

Source: Law.com – Newswire
Restoring 1,000 hormone replacement therapy mass tort cases to the Philadelphia Common Pleas Court’s caseload, the Pennsylvania Superior Court ruled it is a question of fact, not of law, whether the plaintiffs could have known at the time of their diagnoses with breast cancer that alleged cause of their cancer was their HRT prescriptions. The court said jurors, not judges, must decide if the plaintiffs made reasonable efforts to discover the alleged cause of their breast cancer may have stemmed from third-party drugmakers.
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