JUNE 15, 2011 – Dan Gustafson presented oral argument on behalf of plaintiffs-appellants before the Eighth Circuit Court of Appeals, arguing that the New York timeliness dismissal of Jeanette Rick et al., v. Wyeth et al., should not bar a subsequent diversity action in Minnesota federal court. In personal injury cases, New York has a three-year statute of limitations, whereas Minnesota’s statute of limitations is six years.
Jeanette Rick and 8 other women allege that Defendants’ hormone replacement therapy caused their breast cancers, and that Plaintiffs were not adequately warned of such risk. The firm expects a decision within the next few months.