Wyeth Appeal Verdicts In Arkansas Hormone Therapy Trial
New York – The US pharma major, Wyeth on Thursday reported that it has appealed against verdicts in an Arkansas trial, in which jury has ordered the drug manufacturer to $58 million to three Nevada women who claim one of its drugs caused their breast cancer.
The appeal filed on Wednesday has asked the Nevada Supreme Court to overturn the Feb. 21 award by Washoe County District Judge Robert Perry.
In the verdicts, Donna Scroggin, who blamed Wyeth’s hormone drugs for causing her breast cancer, was awarded $2.75 million as compensatory damages against Wyeth and co-defendant Upjohn. The jury later awarded $19,360,000 in punitive damages against Wyeth and $7,760,000 against Upjohn.
It marks the largest award to date against the Madison, NJ based Pharma. The drugs involved in the trial are – Premarin, an estrogen replacement, and Prempro, a combination of estrogen and progestin, which are prescribed to women to ease menopause symptoms.
On Thursday, Wyeth and Upjohn Co. were ordered by the federal jury to pay about $27 million to a Little Rock, Ark., woman who got breast cancer after taking hormone replacement therapy. On Thursday, the jury gave it verdict in favor of Donna Scroggin, who sued the companies in 2004. According to the verdict, Donna Scroggin should receive $19.3 million from Wyeth and $7.7 million from Upjohn Co. in punitive damages.
The $58 million has been awarded to Jeraldine Scofield, 74, of Fallon; Arlene Rowatt, 68, of Incline Village; and Pamela Forrester, 65, of Yerington.
However, the drugmaker has argued that the risks associated with the hormone replacement therapies were clearly communicated to doctors and patients. The drugs are approved by U.S. health regulators and remain on the market.
Wyeth attorney, Lyn Pruitt said, "There is no basis in fact or law for this award or for the earlier compensatory damage award. We are confident in our position on appeal."
Pruitt said, “Wyeth would pursue several post-trial motions in an effort to overturn the verdicts and will ultimately appeal the entire case if necessary."
Wyeth is facing about 5,300 similar lawsuits across the country in state and federal courts. Of the six other cases that have gone to trial and reached a verdict, four ended in Wyeth victories, one was won by the plaintiff and another was remanded for a new trial.