DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071822P.pdf 01/31/2008 Helene Rush v. Wyeth
U.S. Court of Appeals Case No: 07-1822
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Riley, Author, with Melloy and Colloton, Circuit
Judges]
Civil case - products liability. Assuming the district court erred in
giving Arkansas Model Jury Instruction 601 concerning assumption of
ordinary care in a case alleging defendant's estrogen products Premarin
and Prempro caused plaintiff to develop breast cancer, the error was
harmless; district court did not err in giving an instruction regarding
failure to warn; district court did not err in refusing to instruct the jury on
plaintiff's fraud claim; challenges to testimony by defendant's experts
rejected; no error in excluding a portion of plaintiff's experts' proposed
testimony concerning a new, and previously undisclosed database.