Minneapolis Law Firm, McSweeney and Fay, Successful In Fight for Victims' Rights before Minnesota Supreme Court

October 2, 2009

Minnesota Supreme Court Rules to Allow Out-of-State Plaintiffs to Pursue Justice in Minnesota in a Case Involving Hormone Replacement Therapy and Its Link to Breast Cancer Development

MINNEAPOLIS, October 02, 2009 /24-7PressRelease/ -- McSweeney & Fay, PLLP, a Minneapolis law firm that handles mass tort cases, scored a victory for injured patients across the country this month in the case of Fleeger v. Wyeth. Working in conjunction with attorney Martin D. Crump of Davis and Feder, PA, the firm represented a Pennsylvania woman who had received Hormone Replacement Therapy (HRT) and later developed breast cancer. The ruling by Minnesota's Supreme Court opens the door for more than 4000 victims to pursue their legal claims under Minnesota's statute of limitations.

"We are very excited to have played a part in this important case and are relieved that these women will now be able to seek justice," said Michael J. Fay, partner at McSweeney & Fay. "To have this particular issue decided by the Minnesota Supreme Court sets a positive precedent for victims across the country."

The plaintiff in the case, Rachel Fleeger, was a Pennsylvania woman who had undergone HRT in her home state, later developing breast cancer as a result. However, the statute of limitations in Pennsylvania had passed, leading Fleeger to file her claim in Minnesota, which has had a much longer statute of limitations in personal injury cases.

The question at issue before the Court was whether Minnesota's statute of limitations could be used to govern the claim of an individual from another state, brought against a defendant based outside of Minnesota for injuries that occurred elsewhere. The defendant argued that, since the plaintiff had no actual ties to Minnesota and had not been treated there, the case should be thrown out.

However, on September 3, 2009, the Minnesota Supreme Court ruled that Fleeger was covered by the state's statute of limitations and welcome to pursue her claim under Minnesota law.

"Even though the case involved a single plaintiff, the outcome was going to determine the future for thousands of victims across the country," said attorney Rhett A. McSweeney. "As part of the litigation team, McSweeney & Fay had to argue for the rights of all of these injured people, while concentrating on the case at hand. These women have had their lives irrevocably altered and that shouldn't just be brushed aside."

About McSweeney & Fay, PLLP
McSweeney & Fay is a law firm based in Minneapolis and serving the entire Twin Cities area in personal injury matters, including claims arising from accidents, defective products and medical negligence. Visit the web site at http://www.mcfay.com

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