A state statute of limitations does not bar a product liability claim brought by a woman who alleged that she developed breast cancer as a result of taking the defendant's hormone replacement therapy drug, a Pennsylvania appeals court has ruled.

The plaintiff developed breast cancer after taking Provera for approximately ten years as part of a hormone replacement therapy program. Provera is manufactured by Upjohn.

The plaintiff sued Upjohn for failing to provide adequate warnings.

Upjohn argued that the lawsuit was barred by Pennsylvania's two- year statute of limitations for personal injury claims.

But the court decided that the plaintiff's suit was timely because it was filed within two years of the Women's Health Initiative Study published in 2002 by the National Institutes of Health.

"It is entirely unreasonable that a lay person, completely lacking in medical training, would make the logical connection between [hormone replacement therapy] and breast cancer prior to the release of the [Women's Health Initiative] study," the court said.

It further decided that the plaintiff presented sufficient evidence for the jury to find that her doctors would not have prescribed Provera had Upjohn provided different warnings.

Accordingly, the court reinstated a $1.5 million jury verdict, subject to the trial court's consideration of Upjohn's motion for a new trial.

Pennsylvania Superior Court. Simon v. Wyeth Pharmaceuticals, Inc., No. A05012/09. Dec. 31, 2009. Lawyers USA No. 993-1492.