US Supreme Court Declined to Review Punitive Damages Against Premarin/Prempro Drug Manufacturer

8/23/2011
Shapiro, Lewis & Appleton
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U.S. Supreme Court Declined to Review Punitive Damages Against Premarin/Prempro Manufacturer

The U.S. Supreme Court on June 20, 2011, declined to review a state court decision in Wyeth LLC, et al., v. Jeraldine Scofield, et al., that affirmed a $35 million punitive damages award in a Prempro/Premarin injury case.

The issues before the Supreme Court were: "(1) Whether, when a verdict has been tainted by a jury's passion or prejudice, due process requires a trial court to grant a new trial instead of remittitur; and (2) whether, and in what circumstances, a trial court violates due process when it awards a substantial amount in compensatory damages but nevertheless proceeds to award punitive damages in an amount exceeding the one-to-one ratio indicated in State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), and Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008)."

The drug case involved postmenopausal women who used Wyeth's estrogen-based Premarin or Prempro hormone replacement therapy for long periods to relieve hot flashes and vaginal atrophy and to prevent osteoporosis. The plaintiffs had each been diagnosed with breast cancer and had sued Wyeth, alleging that the company had aced with malice in failing to test the HRT products and failing to warn patients or doctors about breast cancer risks. One of the plaintiffs died during the trial and was replaced by her husband as administrator of her estate.

The plaintiffs' cases were consolidated for trial in 2007. The jury returned verdicts awarding the plaintiffs compensatory and punitive damages, and found Wyeth acted with malice or fraud.

After Dr. Robert Wilson, a New York gynecologist, wrote that menopause caused women to lose their youthful appearance and sexuality in Feminine Forever, published in 1966, women started to use HRT before menopause, and then for the rest of their lives. The book became a best seller, leading to Premarin becoming the fifth most frequently prescribed drug in the United States.

A study between 1993-1998 by Women's Health Initiative concluded that long-term use of HRT added to serious adverse health events. The majority of hormone therapy litigation alleged the development of breast cancer, and hormone therapy was also associated with heart attacks, blood clots and cardiovascular disease.

Contact Shapiro, Lewis & Appleton, P.C. if you or a loved one has suffered injuries from dangerous drugs. The firm holds drug manufacturers accountable for drugs' adverse effects.

LC

Category: Dangerous Drugs & Devices/Product Recalls

Labels: Attorney drug manufacturer hormone therapy injured lawyer North Carolina personal injury Premarin/Prempro Shapiro VA Virginia wrongful death Wyeth

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling cases for victims of dangerous drugs and prescription drug errors. Check out our dangerous drug information page to learn more about side effects and recalls. We represent clients in dangerous drug, dangerous medical device, and faulty product claims throughout the USA when the product/device was sold nationwide.

Our firm has been recognized as one of the best injury law firms in Virginia by U.S. News & World Report since 2010. Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Forum since 2009 and have been recognized as the Best Lawyers in America since 2008. Shapiro, Lewis and Appleton have also been named Virginia Super Lawyers for Personal Injury Law. Fewer than 5 percent of practicing lawyers are chosen to receive this honor.

In addition, our firm was the first in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

While not every case meets our criteria, we offer free initial confidential injury case consultations. Call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can get back to you.

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U.S. Supreme Court Declined to Review Punitive Damages Against Premarin/Prempro Manufacturer

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