Wyeth, Pfizer to Appeal Verdicts in Arkansas Woman’s Case

By Anna Boyd
08:44, March 8th 2008
143 votes
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Wyeth, Pfizer to Appeal Verdicts in Arkansas Woman’s Case

Giant drug maker Wyeth announced Thursday that it would appeal court’s decision to pay about $27 million to a Little Rock, Arkansas woman who developed breast cancer after taking hormone replacement therapy.

The woman involved, Donna Scroggin, was awarded February 25, $2.75 million in compensatory damages against Wyeth and co-defendant Upjohn, a Pfizer Inc. unit. On Thursday, the court reconsidered its previous decision and awarded her $19,360,000 in punitive damages against Wyeth and $7,760,000 against Upjohn.

“This is a significant victory for all women of Arkansas and all around this country because this jury said that the suffering of the grandmothers of this country has real value,” said Zoe Littlepage, an attorney for Scrogin, the Houston Chronicle reports.

Wyeth representative Doug Petkus said the verdict “doesn’t change the fact that the verdict was irreparably flawed and fraught with error.”

The drugs involved are Premarin, an estrogen replacement, and Prempro, a combination of estrogen and progestin. They are prescribed to women to ease menopause symptoms. The judge said in its ruling that the drug makers inadequately warned the woman about the increased risk of breast cancer. On the other hand, Wyeth told the jury the Scroggin had a family history of breast cancer, and both she and her doctor were properly warned about the drugs’ cancer risks by the companies.

“There is no basis in fact or law for this award or for the earlier compensatory damage award. We will pursue several post-trial motions and will ultimately appeal the entire case if necessary. We are confident in our position on appeal,” Lyn Pruitt, an attorney with Mitchell, Williams, Selig, Gates & Woodyard PLLC, a firm representing Wyeth in the case.

Wyeth has argued that the risks of the hormonal drugs were clearly communicated to doctors and patients. Approved by the U.S. Food and Drug Administration, the drugs remain on the market.

Wyeth is facing about 5,300 lawsuits from people who claim they were harmed by the drugs.

Almost 25 million American women use hormone replacement therapy to alleviate the discomforts of menopause, including hot flashes, mood swings, and night sweats. The number is dropping since several studies have revealed the risks women are exposed to once taking the treatment. Since 2002, sales of Prempro have dropped from $2 billion a year to a little more than $1 billion. Women went off their pills, choosing to risk hot flashes and brittle bones rather than heart attacks and breast cancer.

Moreover, a recent study concludes that after about 2 1/2 years, overall cancer risk remains about 24 percent higher for women who stopped taking a popular estrogen-progestin combination compared with those who took placebo pills.



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Tags: Wyeth, Pfizer
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