The Supreme Court has rejected an appeal by Pfizer Inc. to block a new trial on punitive damages for a woman who developed breast cancer after taking hormone replacement therapy.
A jury awarded Donna Scroggin $27 million in punitive damages in her suit against Pfizer subsidiary Wyeth Pharmaceuticals and drugmaker Upjohn Co., but a federal judge ruled that testimony from a former Food and Drug Administration official should not have been allowed in court. The 8th U.S. Circuit Court of Appeals ordered a partial retrial of the case, to deal only with punitive damages.
Pfizer’s appeal claimed a new trial should involve the entire case, including whether Prempro and Premarin, Wyeth’s HRT drugs, actually caused Scroggin’s cancer.
The high court’s decision also upheld the $2.75 million in compensatory damages awarded to Scroggin after she sued the companies.
In a statement, Pfizer said that it is disappointed with the ruling, but that “it does not change the prior ruling by the appeals court, which affirmed the dismissal of punitive damages as to Upjohn and ordered a new trial on punitive damages for Wyeth.”
To date, about 8,000 lawsuits have been filed against Wyeth. More than 6 million women used the HRT drugs, which are prescribed to alleviate the symptoms of menopause, including hot flashes and night sweats. The drugs are still on the market.
Many of the cases claim that Wyeth ignored studies that tied its product to breast cancer.
Jim Morris, Scroggin’s lawyer, told Bloomberg that the high court’s decision “validates our evidence that shows Wyeth hid the health risks of this drug and the drugs caused breast cancer in thousands of women.”
Wyeth’s HRT drugs were bringing in over $2 billion a year when a 2002 National Institutes of Health study reported an increased risk of breast cancer.


