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.
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