This is an appeal after jury trial of a case in the hormone therapy MDL proceedings. Plaintiff, Donna Scroggin sued defendants, Wyeth and Upjohn for failing to warn adequately about the risks of combination hormone therapy, causing her to lose both her breasts to cancer. Ms. Scroggin alleged that defendants failed to warn her of discoverable harm they would have known had they engaged in any meaningful study of the perceived breast cancer risk. Wyeth actively sought to discredit studies and distract attention from evidence of breast cancer risk. Upjohn did nothing. The trial was bifurcated. In Phase One, the jury found both defendants liable and awarded Ms. Scroggin $2,750,000 in compensatory damages. In Phase Two, the jury found both defendants liable for punitive damages and ordered Wyeth to pay $16,360,000 and Upjohn to pay $6,760,000. The court denied defendants’ motions for judgment as a matter of law and for new trial on liability and compensatory damages but granted those motions with respect to punitive damages. The court entered judgment on the compensatory award, with costs and interest.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Health Law Updates, Products Liability Updates
Appellate Brief |
State, 8th Circuit, Arkansas |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Hissey Kientz LLP | Attorney Advertising