Hormone Therapy Replacement – Jury Decision

In the spring of 2008, an Arkansas federal court jury found that Wyeth & Upjohn failed to warn Ms. Scroggins or her doctor of the increased risk of breast cancer resulting from the use of estrogen and progestin products. Ms. Scroggins was awarded $29.75 million in compensatory and punitive damages. Wyeth & Upjohn then requested that Judge William Wilson Jr. vacate the jury’s decision. Judge Wilson upheld the jury’s liability finding and the compensatory damage verdict of $2.75 million, but vacated the punitive damages award. In November of 2008, the compensatory damages against Wyeth & Upjohn were affirmed through the U.S. Court of Appeals for the Eighth Circuit. The Circuit Court also upheld Judge Wilson’s judgment as a matter of law with regard to punitive damages against Upjohn, but ordered a new trial for punitive damages against Wyeth. The court’s decision was based upon the evidence presented that could raise questions amidst the jury, in regards to whether or not Wyeth was guilty of malicious conduct.

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