Wyeth Wins a Battle

In a recent court ruling, a federal judge sided with the drug company Wyeth and overturned a $19.4 million punitive damage award to the plaintiff.

The plaintiff, Donna Scroggin, developed breast cancer while taking hormone replacement drugs manufactured by Wyeth and Upjohn.

A federal jury originally sided with Scroggin after concluding that the companies "inadequately warned" her that the drugs "carried an increased risk of breast cancer,"

Wyeth will now appeal the $2.75 million awarded for compensatory damages as well. The judge's ruling also overturned $7.7 million in punitive damages paid to Scroggin by Upjohn.

The reasoning the Judge used was that one expert's testimony shouldn't have been admitted, and without her testimony, there was insufficient evidence for a punitive damages award.

This ruling is significant because the court is handling the bulk of Wyeth's 5300 remaining hormone-therapy cases.

In this day and age, claiming to not know hormone therapy may increase breast cancer risks is similar to claiming you were unaware that smoking carries an increased risk of cancer.