Last month we reported on the Pennsylvania Appellate Court decision affirming a $1.5 million dollar compensatory and $8.6 million dollar punitive award against Wyeth. The Plaintiff’s lawyers, Zoe Littlepage and Rainey Booth, did an excellent job both with the trial and appeal of this case. Their client, Mary Daniel, was diagnosed with hormone positive breast cancer after taking Wyeth’s hormone pill, Prempro, for 18 months. Since reporting on this decision, we have had folks ask about the verdict track record in this litigation which has been going on for several years now. Ted Meadows, a lawyer in our Mass Torts Section, has put together a chart relating to Prempro jury verdicts. You can find it on our website at www.BeasleyAllen.com or can get a copy by emailing Shanna Malone at Shanna.Malone@beasleyallen.com.
The chart reveals that Plaintiffs have won 12 of 18 trials. The average compensatory verdict has been $2.6 million, which is certainly understandable given the serious nature of breast cancer. Each time jurors have been allowed to hear the evidence they have found the conduct of Wyeth and/or Upjohn to be so bad as to warrant punitive damages with the average punitive award being $30.4 million. There are a number of Prempro trials scheduled this year, including two cases our firm will try in Montgomery in July and December. It will be interesting to see what jurors have to say in this litigation in the coming months.
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