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M. Brandon Smith
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$3 Million Verdict In Prempro Lawsuit-Wyeth Held Liable

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Prempro lawsuit leads to a $3 million verdict against its manufacturer Wyeth after causing an Ohio woman’s breast cancer. The Philadelphia Court of Common Pleas jury found that Wyeth “failed to provide an adequate warning” to the plaintiff given the known side effects of it use. This was the fifth trial against Wyeth and marks the largest jury verdict thus far. Three of the other trials resulted in substantial plaintiff’s verdicts while the other two found Wyeth not liable.

According to Bloomberg.com:

Nelson began using Prempro in 1995 and was diagnosed with breast cancer in 2001. In October, a Philadelphia jury awarded Nelson and her husband $1.5 million in damages over her Prempro claims. The judge in the case declared a mistrial, erasing the award, after Wyeth accused a juror of misconduct.

Nelson’s lawsuit was one of about 5,000 against Wyeth over its hormone-replacement drugs, including Prempro and Premarin. Nelson was among 6 million women who took the pills to treat menopause symptoms such as hot flashes and mood swings before a 2002 study curbed sales.

This undoubtedly is a great result for Ms. Nelson and her family given all she has been put through as a result of using Weyth’s Prempro. Although it will not cure her cancer, it will I am sure help in her continued fight with the deadly illness.

A special thanks goes out to a fellow InjuryBoard partner, John Inserra of Inserra & Kelley, for bringing this great Prempro verdict to my attention.