Talk:Women's Health Initiative

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Evidence shows Wyeth acted with reckless disregard to the risk of injury to women in marketing dangerous PremPro

Evidence shows that Wyeth knew the dangers of Prempro, but marketed it in reckless disregard for the risks to the women who received it.

Another Loss for Pfizer in Drug Suits

http://www.nytimes.com/2009/11/24/business/24wyeth.html?fta=y

By DUFF WILSON

Published: November 23, 2009

"... On Monday a jury in Philadelphia Common Pleas Court awarded $28 million in punitive damages to Donna Kendall of Decatur, Ill., whose breast cancer was found after she had taken hormone drugs for 11 years. The jury had already given her $6.3 million in compensatory damages.

Punitive damages in Pennsylvania require a finding of “wanton and reckless” conduct. The jurors heard testimony that Wyeth paid consultants and ghostwriters of medical journal articles to play down concerns about breast cancer, as well as testimony that Pharmacia did not study known risks. The punitive award was split $16 million for Wyeth and $12 million for Pharmacia.

After that ruling was made public, Sandra M. Moss, the judge who leads the complex litigation program at the Philadelphia court, unsealed a $75 million punitive damage award from last month in a case brought against Wyeth by Connie Barton of Peoria, Ill. She was also awarded $3.7 million in compensatory damages previously made public."

"... Esther E. Berezofsky, a lawyer for one of the women who won the awards in Philadelphia said Monday, 'This is just the tip of the iceberg.'

She said that in cases that had reached jury judgments, women with breast cancer had won damages in 10 of the 12 hormone drug cases, although many are on appeal. Ms. Berezofsky also said a federal appeals court decision in St. Louis this month had significantly improved plaintiffs’ chances of receiving punitive damages and winning appeals.

In that decision, a three-judge panel of the United States Court of Appeals for the Eighth Circuit overturned an award of $27 million for an Arkansas woman, citing improper testimony by an expert witness. But the court ordered a new trial on punitive damages. The judges’ ruling said 'there was sufficient evidence upon which a jury could conclude that Wyeth acted with reckless disregard to the risk of injury.'" —Preceding unsigned comment added by 66.167.61.214 (talk) 17:15, 18 April 2010 (UTC)[reply]