Arkansas Woman Prevails Against Wyeth in Appeals Court

News came today that an appeals court has upheld a jury’s finding last year that Wyeth’s hormone-replacement drugs helped cause an Arkansas woman’s breast cancer.  At stake was $27 million in actual damages, an amount that was upheld by the three-judge panel.

The appeals court said “the evidence presented could allow a jury to find or infer that Wyeth was guilty of malicious conduct.”  According to the news report, Pfizer’s lawyers argued that the plaintiff received ample warning about the cancer risks tied to the company’s Prempro and Premarin drugs and chose to continue using them.

The ruling comes a week after a Philadelphia jury ordered Wyeth to pay an undisclosed amount of punitive damages to an Illinois woman who developed breast cancer after taking Prempro.   Six million women have taken Wyeth’s hormone therapy drugs for severe menopause symptoms and there are more than 9,000 lawsuits against the company. The menopause drugs are still on the market and many physicians continue to recommend and prescribe them to their patients.You can read the court’s summary of the case here.