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Appellate Court Rules to Reinstate Prempro Verdict and Award

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A Pennsylvania appellate court has ruled that the a jury’s verdict against Prempro manufacturer and the $1.6 million compensatory damage award should be reinstated even though Wyeth argued that the plaintiff failed to prove that a different warning label would have caused her doctor to not prescribe Prempro.

The court disagreed stating that,  “sufficient evidence of record exists in this case permitting the jury to find that if Wyeth had issued adequate warnings regarding the risk of breast cancer, [the plaintiff’s doctor] would have altered his prescribing practices for Prempro.”

The court also said that the standard for punitive damages had been met, explaining that “sufficient evidence of record exists to support a jury’s finding that from the middle 1970s and forward, Wyeth knew or strongly suspected that hormone replacement therapy increased the risk of breast cancer in post-menopausal women but failed and refused to conduct adequate studies. … [T]here was sufficient evidence to permit the jury to conclude that Wyeth’s failure to perform adequate tests of the risk of breast cancer was intentional, i.e., because it did not want confirmation of those risks and the resulting loss of sales and profits.”

The plaintiff filed a lawsuit against Wyeth after developing breast cancer as a result of using Prempro, a combination of estrogen and progestin.

breakinglawsuitnews.com disclaimer: This article: Appellate Court Rules to Reinstate Prempro Verdict and Award was posted on Thursday, June 16th, 2011 at 7:53 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits.

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