New trial for Wyeth on hormones punitive damages

By The Associated Press

A federal appeals court says drugmaker Wyeth Pharmaceuticals will get a new trial to determine if the company should pay punitive damages for continuing to make and sell an estrogen-replacement drug after scientific studies had linked it to breast cancer.

The 8th U.S. Circuit Court of Appeals on Monday ruled on appeals by both a woman who had sued Wyeth and another drug company, Upjohn Co., and by the companies.

In February 2008, a jury sided with Donna Scroggin in her lawsuit against Wyeth and Upjohn, awarding her $2.75 million in compensatory damages and $27 million in punitive damages. Jurors concluded that Wyeth inadequately warned Scroggin that its drugs Premarin and Prempro carried an increased risk of breast cancer. The suit also involved Upjohn’s Provera, an estrogen-only drug.