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High Court Won’t Stop Hormone Replacement Lawsuits

WASHINGTON, D.C. - (AP) The Supreme Court won't reconsider a decision to reinstate more than 100 lawsuits filed by women who claimed that hormone replacement therapy caused breast cancer. Full version available to lexis.com subscribers .

Wyeth Wins 4th Prempro MDL Bellwether Trial

JONESBORO, Ark. - (Mealey's) An Arkansas federal jury on Oct. 19 said a plaintiff did not prove that Wyeth inadequately warned her and her doctor that the hormone replacement therapy drug Prempro could cause breast cancer ( In re: Prempro Products Liability Litigation , MDL Docket No. 1507, No. 03...

Virginia Federal Jury Says Woman Didn't Prove Prempro Warnings Were Inadequate

ALEXANDRIA, Va. - (Mealey's) A Virginia federal jury on Dec. 3 found that a woman who claimed to have developed breast cancer from taking Wyeth's Prempro hormone replacement therapy drug did not prove that warnings provided to her doctor were inadequate ( Georgia Torkie-Tork v. Wyeth , No. 04...

W.Va. High Court: State Consumer Law Doesn’t Apply To Drug Cases

CHARLESTON, W.Va. - (Mealey's) The West Virginia Supreme Court of Appeals on Dec. 17 ruled that plaintiffs must show reliance and ascertainable loss in state consumer fraud cases and said the state law does not apply to prescription drugs ( Shirley White, et al. v. Wyeth, et al. , January 2010 Term...

Pennsylvania Court Partly Reverses Preemption In Thimerosal Injury Case

HARRISBURG, Pa. - (Mealey's) The Pennsylvania Superior Court on Jan. 11 partly reversed preemption summary judgment in a thimerosal vaccine injury case, saying the trial court needs to conduct a case-by-case inquiry of the side effects of the vaccines involved ( Jacqueline Wright, et al. v. Aventis...

$42 Million Judgment Against Fen-Phen Lawyers Vacated

FRANKFORT, Ky. -- A $42 million summary judgment in favor of 431 fen-phen plaintiffs against a group attorneys, two of whom are serving lengthy prison sentences stemming from allegations that they pocketed twice what their fee agreements called for, has been vacated by the Kentucky Court of Appeals,...

Pennsylvania Panel Reinstates Compensatory, Punitive Damages In Prempro Case

PHILADELPHIA - A Pennsylvania Superior Court panel on Feb. 7 reinstated a $1.68 million compensatory damage verdict and a sealed punitive damage verdict in a state court Prempro case ( Mary Daniel, et al. v. Wyeth Pharmaceuticals, Inc., et al. , Nos. 2626 EDA 2007 and 2690 EDA 2007, Pa. Super.; 2011...

Parents Lose Supreme Court Appeal In Vaccine Case

WASHINGTON, D.C. - (AP) The Supreme Court closed the courthouse door Tuesday to parents who want to sue drug makers over claims that their children developed autism and other serious health problems from vaccines. The ruling was a stinging defeat for families dissatisfied with how they fared before a...

Free Download: Keller & Heckman Litigation Alert: Supreme Court Rules National Childhood Vaccine Injury Act Of 1986 Bars State-Law Design-Defect Claims Against Vaccine Manufacturers

On February 22, 2011, the United States Supreme Court held that the National Childhood Vaccine Injury Act of 1986 (NCIVIA or Act) bars state-law design-defect claims against vaccine manufacturers. The Bruesewitz family sued Wyeth, then the parent company of the maker of the diphtheria, tetanus, and pertussis...

Watchdog Group Makes 2nd Push To Ban Diet Pill

WASHINGTON, D.C. - (AP) For the second time in five years, public health advocates are calling on the Food and Drug Administration to ban a fat-blocking drug sold over-the counter and via prescription, pointing to new reports of kidney stones and pancreatic damage. Public Citizen filed a petition with...

U.S. Supreme Court Declines To Hear Prempro/Premarin Punitive Damages Appeal

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 declined to review a Nevada Supreme Court decision affirming a $35 million punitive damages award in a Prempro/Premarin injury case ( Wyeth LLC, et al., v. Jeraldine Scofield, et al. , No. 10-1177, U.S. Sup.). The questions before...

Lawsuit: Wyeth Had Illegal Patents On Effexor

JACKSON, Miss. - (AP) A federal lawsuit filed this week in Mississippi claims a major pharmaceutical company made millions of dollars by misrepresenting clinical data and using sham litigation to maintain a monopoly over a drug used to treat depression and anxiety. Uniondale Chemists Inc., a retail pharmacy...

N.J. Appeals Court: Hormone Replacement Therapy Plaintiffs Didn't Rebut Label Adequacy

TRENTON, N.J. - (Mealey's) A New Jersey appeals court panel on Sept. 29 affirmed summary judgment in two hormone replacement therapy (HRT) cases in which the state's mass tort court found that the plaintiffs failed to present sufficient evidence to rebut the state's presumption that warnings...

Jury In 5th Prempro MDL Bellwether Finds Wyeth Didn't Fail To Warn About Cancer

JONESBORO, Ark. - (Mealey's) The fifth bellwether trial in the Prempro multidistrict litigation ended in a defense verdict on Oct. 20 in the U.S. District Court for the Eastern District of Arkansas after a jury found that Wyeth did not inadequately warn about the risk of breast cancer from the hormone...

Duane Morris Alert: Big Win For Drug Companies Under The New Jersey Product Liability Act

On September 29, 2011, in Bailey v. Wyeth, et al. , a New Jersey appellate court affirmed summary judgment in favor of two Pfizer subsidiaries and Wyeth, Inc., dismissing claims for violations of New Jersey's Product Liability Act (PLA). The claims arose from breast cancer injuries allegedly sustained...

Pennsylvania Jury Awards $72.6 Million To 3 Women In HRT Breast Cancer Case

PHILADELPHIA - (Mealey's) A Pennsylvania state court jury on Dec. 6 awarded $72.6 million to three women who say they developed breast cancer after taking hormone replacement therapy (HRT) drugs made by subsidiaries of Pfizer Inc. ( Susan Elfont, et al. v. Wyeth, et al. , No. 040700924, Pa. Comm...

Connecticut Federal Jury Finds Warning Adequate In Prempro Wrongful Death Suit

BRIDGEPORT, Conn. - (Mealey's) Wyeth is not liable for the breast cancer death of a woman who took the company's hormone therapy drugs Premarin and Prempro, a Connecticut federal jury said May 30, finding that the drugs' labeling contained adequate warning of the drugs' health risks ...

Divided 8th Circuit Panel Readmits Plaintiff Expert On Short-Term Prempro Risk

ST. LOUIS - (Mealey's) In a 2-1 ruling July 26, the Eighth Circuit U.S. Court of Appeals reversed summary judgment in two Prempro bellwether cases that involve the risk of breast cancer in women who took the hormone replacement therapy drug for less than three years ( Pamela Kuhn v. Wyeth, Inc.,...

Utah Federal Jury Awards HRT Breast Cancer Plaintiff $5.1 Million Compensatory Verdict

SALT LAKE CITY - (Mealey's) A Utah federal jury on Sept. 7 awarded a hormone replacement therapy plaintiff $5.1 million in compensatory damages after finding that her breast cancer was caused by Premarin, Provera and Prempro and that manufacturer defendants Wyeth and Pharmacia & Upjohn Co. LLC...

2 Actions Target Lucrative Insider Trading Cases

Just when it appeared that the expert network insider trading investigations had come to an end with convictions and guilty pleas, the Manhattan U.S. Attorney's Office and the SEC announced the filing of what may be the most lucrative of insider trading cases with profits made and losses avoided...

Alabama High Court Says Wyeth Can Be Liable For Injuries Caused By Generic Drug

MONTGOMERY, Ala. - (Mealey's) An 8-1 majority of the Alabama Supreme Court on Jan. 11 ruled that Wyeth can be held liable for failing to warn doctors about the risk of long-term use of Reglan if a patient was injured by metoclopramide, the generic version of the drug made by other manufacturers ...

Conn. Federal Judge Awards $1.7 Million In Punitive Damages In Prempro Breast Cancer Case

NEW HAVEN, Conn. — (Mealey’s) Applying Connecticut law governing punitive damages in product liability actions, a Connecticut federal judge on Aug. 5 awarded $1,769,932 to a woman and her husband, who in April 2012 were awarded $4 million in compensatory damages by a jury ( Margaret B. Fraser...

Pa. High Court Reconsiders, Won’t Disturb $8.6M Prempro Punitive Damages Award

PHILADELPHIA — (Mealey’s) The Pennsylvania Supreme Court on Dec. 16 let stand an $8.6 million punitive damages verdict in a Prempro hormone replacement therapy case after dismissing the appeal as improvidently granted ( Mary Daniel, et al. v. Wyeth Pharmaceuticals, Inc., et al. , Nos. 63...

Pa. Supreme Court Says Drug Companies Can Be Sued For Marketing Dangerous Drugs

PHILADELPHIA — (Mealey’s) Pennsylvania law allows drug companies to be sued if they fail to stop marketing drugs known to be unreasonably harmful, and the manufacturers are not immune from being sued for damages for lack of due care, the Pennsylvania Supreme Court ruled Jan. 22 in an eight...

Alabama High Court Again Says Brand-Name Drug Makers Liable In Generic Injury Case

MONTGOMERY, Ala. —(Mealey’s) A brand-name drug manufacturer may be liable under Alabama law for fraud or misrepresentation in a drug label used by generic drug makers, the Alabama Supreme Court held Aug. 15 after reconsidering its 2013 decision in a Reglan/metoclopramide case ( Wyeth, Inc...