Bender-Scott v. Wyeth

VERDICT

Trial
09/11/07 – 10/15/07

Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2
Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

Jury trial in Hormone Replacement Therapy (HRT) litigation.

http://www.rgj.com/article/20101218/NEWS01/101218026/-1/CARSON/Lawsuit-by-2-women-over-breast-cancer-and-hormone-therapy-to-begin-next-month-in-Washoe-County-against-drug-firms

CVN covered a 2007 trial in a suit brought by other plaintiffs involved in the larger suit.

Hormone Replacement Therapy (HRT) products liability claim by three women whose breast cancers allegedly resulted from pharmaceutical manufacturer Wyeth's menopause treatment drug Prempro.

According to the plaintiff, Wyeth inadequately tested the combination of Estrogin and Progestin. Wyeth allegedly failed to do long-term studies, and ignored red flags that should have alerted Wyeth of a breast cancer risk when Estrogin and Progestin were taken in combination.

The defense asserted that Prempro was safe and effective, providing proven osteoporosis benefits at very low risk. In addition, Wyeth conducted extensive testing for breast cancer risk. Further, Prempro was provided with adequate warnings. Finally, according to the defense, the plaintiffs' cancer was not caused by Prempro.

The jury found in favor of the plaintiffs on both negligence and product liability claims, and that Wyeth had concealed material information about the products, and that Wyeth acted with malice and fraud.

The jury awarded damges of $233,628,909 ($22,628,909 past damages; $112,000,000 future damages, and $99,000,000 punitive damages) as follows:

Arlene Rowatt: $7,557,027 for past damages; $36,000,000 for future damages; $31,000,000 for punitive damages.

Pamela Forrester: $7,561,481 for past damages; $40,000,000 for future damages; $35,000,000 for punitive damages.

Jeraldine Scofield: $7,510,401 for past damages; $36,000,000 for future damages; $33,000,000 for punitive damages.

Outcome

Arlene Rowatt: 7,557,027- Past Damages, 36,000,000- Future Damages, 31,000,000- Punitive Damage
Pamela Forrester: 7,561,481- Past Damages, 40,000,000- Future Damages, 35,000,000- Punitive Damage
Jeraldine Scott: 7,510,401- Past Damages, 36,000,000- Future Damages, 33,000,000- Punitive Damage

Total Past: 22,628,909
Total Future: 112,000,000
Total Punitive: 99,000,000

Case Information
Attorneys
Witnesses

Sessions

AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
SEP
10
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
9 Chapters
SEP
21
SEP
24
PM Session
Not in Session
1 Chapters
SEP
27
PM Session
COMPENSATORY VERDICT
3 Chapters
OCT
9
PM Session
Punitive Verdict
2 Chapters
OCT
15

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