Two Women to Be Awarded $103 Million in Product Liability Punitive Damages by Pfizer
Two women will be awarded $103 million by the pharmaceutical giant Pfizer after developing breast cancer because of using hormonal drugs. One of the women received $75 million, and the other $28 million. The judgment for $75 million for the first case had been sealed to avoid influencing the jury on the second case.
The companies Wyeth and Pharmacia were acquired by Pfizer at an earlier date. Wyeth is the maker of Premarin, an estrogen drug, and Prempro, a combination of estrogen and progestin. Provera is a hormone drug that is made by Pharmacia. These lawsuits were brought against Pfizer after the acquisition.
Hormonal drugs have been used for years to treat menopausal symptoms in women, and in 2002 the FDA mandated black box warnings on the labeling of these drugs that they were intended to be used in the “smallest possible doses for the shortest possible time.” Since then, fears have risen about the long term effects and possible cancer caused by these drugs. These lawsuits are only the beginning in a long line, and Pfizer has at a minimum 1,500 product liability lawsuits facing them, which are all filed in a Philadelphia court, and all pertain to the hormone treatment drug. Philadelphia is Wyeth’s headquarters, which is the reason that the lawsuits have been filed there. Across the country, lawyers state that more than 10,000 lawsuits are being filed.
Statistics show that women who have developed breast cancer and gone to trial before a jury have been the victor in 10 out of 12 cases. Many of these were won when the verdict was appealed. In the case of the first woman , a $27 million award was overturned by the court because of testimony given by experts that was found to be improper. A new trial on punitive damages was ordered by the court because there was reason to believe that a jury may find that Wyeth acted with careless disregard in the making of the drug. Pfizer is wasting no time, and requesting this decision be reviewed by the panel.
Millions of women continue to use hormonal drugs, even after the 2002 study that proved that estrogen therapy could be a factor in breast cancer. Prior to this study, hormone treatment drugs brought in a staggering $2 billion in sales, but decreased significantly after the warning by the Food and Drug Administration. It seems that after the initial shock, sales have risen quite a bit which means that millions of women are putting themselves at risk of developing breast cancer by using these drugs.
It is usually exceptional circumstances that call for punitive damages to be awarded, such as when a Los Angeles California injury lawyer has the ability to prove that the defendant acted with careless disregard. Sometimes these types of damages are referred to as exemplary damages, due to the fact that they are often awarded more to make an example of the defendant rather than to compensate the victim. It is the hope of attorneys that by awarding punitive damages to victims, other companies will be deterred from reckless behavior in the manufacture of drugs and other products.
The Reeves Law Group has offices across California, and is dedicated to representing personal injury victims, including victims of product liability. Please contact us for a free consultation at (800) 644-8000.
