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A Philadelphia state jury found Monday that Prempro, Wyeth''s hormone replacement therapy (HRT) drug, caused an Arkansas woman''s breast cancer. The drug maker Wyeth will have to pay $1.5 million in compensatory damages, according to a court official. Wyeth may still have to pay millions more in punitive damages, though if they do, a judge has ruled the amount will be confidential.
Mary Daniel, 60, began to take Prempro late in 1999. She was diagnosed with breast cancer in 2001. For her cancer treatment, she underwent multiple surgeries, chemotherapy and radiotherapy.
Jury Findings
The jury found that Wyeth acted negligently in failing to provide sufficient warnings about the risks of breast cancer associated with the use of Prempro.
The jury found that Wyeth''s actions were “malicious, wanton, willful or oppressive or showed reckless indifference to the interest of others” when it failed to provide adequate warnings about its HRT drugs, which are taken by millions of women across America to treat symptoms of menopause.
Wyeth is looking at about 5,000 lawsuits involving its HRT drugs.
“Wyeth protected their bottom dollar instead of protecting the patients,” said Zoe Littlepage, Mary Daniel''s lawyer.
Seven of the eight jurors assigned to the trial agreed on the verdict, finding that Prempro was a “factual cause” of the cancer, and awarded $1 million to Daniel, and half a million to her husband after deliberating for two days.
Daniel''s attorneys said that Wyeth was also negligent in the manufacturing, testing, and marketing of the drug.
According to Littlepage, Wyeth has known for decades of the risk of cancer associated with this type of drug, but did not perform tests to quantify the risk.
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