In the spring of 2008, an Arkansas federal court jury awarded a Little Rock woman $2.75 million in compensatory damages. Wyeth & Upjohn failed to warn Ms. Scroggins or her doctor of the increased risk of breast cancer resulting from the use of Wyeth’s Premarin and Pharmacia & Upjohn’s Provera menopausal 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”. Wyeth won two earlier cases brought against it in federal court in Little Rock and were cleared by a state court jury in Philadelphia. The company faces about 5,300 lawsuits over the hormone-replacement drugs, which are still on the market.