HRT Under Scrutiny
The United States Supreme Court decided yesterday to allow a new trial for Donna Scroggin, an Arkansas woman, who got breast cancer after taking hormone replacement therapy and is seeking punitive damages against Wyeth Pharmaceuticals a subsidiary of Pfizer Inc., the world's largest drug company.
The justices rejected Wyeth's attempt to block the trial because it is to be limited to punitive damage and will not cover the jury’s finding that the drugs caused Scroggin’s breast cancer.
A jury concluded in 2008 that Wyeth failed to adequately warn Scroggin of the increased breast cancer risks of the menopause drugs Provera, Premarin and Prempro, which she took for 11 years before being diagnosed with breast cancer. They awarded her $27 million in punitive damages and an additional $2.7 million in compensatory damages.
The Supreme Court action “validates our evidence that shows Wyeth hid the health risks of this drug and the drugs caused breast cancer in thousands of women,” Jim Morris, Scroggin’s lawyer said. “We are looking forward to asking another jury to decide the extent of Wyeth’s wrongful conduct.”
The ruling is good news for thousands of women seeking damages from the makers of hormone-replacement drugs that they blame for causing their breast cancer. Wyeth faces more than 8,000 lawsuits over the medicines, which are still on the market.
Anne Valentine is part of a legal team representing more than 100 Ohio women who have been diagnosed with breast cancer and blame the menopause hormone replacement drugs as the cause . Valentine says, "It's a nice boost. We don't have any false hope or expectation that these are going to be anything but knock-down, drag-out fights, but it's good to have that decision."
Valentine said the lawsuits she has filed on her clients' behalf should send Pfizer a clear message: "You failed to do the studies. You failed to provide appropriate warnings. You failed to educate the physicians who are giving out your medicines."
Viewed as safe relief from menopausal symptoms such as hot flashes, night sweats and severe mood swings, most women would be prescribed hormone replacement drugs for life. Doctors still use hormone-replacement therapy to treat the symptoms of menopause, but, now they typically prescribe a lower dosage, for a shorter time.
Laura King



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