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Judge Rejects Class Action for Monitoring of Prempro Users

...Common Pleas Judge Mark I.

Bernstein noted that both plaintiffs' experts agreed that determining whether a member of the potential class qualified for special medical treatment would require an individual assessment of the risk factors - aside from Bernstein wrote that the class could include as many as 720,000 Pennsylvania women who used the hormone replacement drug.

Because the question of how "In this case of uncontradicted evidence, mostly presented by plaintiff's expert witness, demonstrates that specialized treatment required by a member of the plaintiff class could only be based on an individual assessment of risk factors other than The judge said the plaintiffs hadn't shown they were exposed to a "hazardous substance" - a requirement of demonstrating a medical-monitoring claim - considering evidence that many women are in actual, medical need of "Plaintiff's own expert continues to prescribe the medication characterized as 'hazardous substance,...

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