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› $150,000,000 verdict in personal injury case
According to the World Health Organization, breast cancer is the most common cancer worldwide among women. It is the fifth most deadly cancer, killing about 502,000 people per year. All of us know a family who has had to deal with this most serious problem.
The U.S. Supreme Court will hear arguments today in the first of two cases this term that consumer advocates fear could shut courthouse doors to patients injured by FDA-approved drugs or medical devices.
Legal experts say the cases could also affect lawsuits already filed by tens of thousands of Americans challenging the safety of blockbuster drugs such as Celebrex and Prempro and a host of medical devices.
A St. Clair County woman claims her use of hormone replacement therapy drugs caused her to develop breast cancer. Minnie Louise Gray and her husband John E. Gray filed an 11-count lawsuit against Wyeth, Inc. over its drug Prempro, which is used by post-menopausal women. The lawsuit also names Walgreen as a defendant for having sold the drug to Gray.
A Jasper County woman has filed a federal lawsuit against Pfizer and Wyeth, claiming the hormone therapy drugs manufactured by the pharmaceutical companies caused her breast cancer.
Scharlotte Fitzgerald says she began taking hormone replacement drugs in 1994. In 2001 she was diagnosed with breast cancer.
Fitzgerald and her husband Larry filed a personal injury suit against the drug companies in the Beaumont Division of the Eastern District of Texas on Nov. 2. They are seeking in excess of $75,000 in damages.
“This lawsuit asserts claims for negligence; strict product liability for failure to warn, strict product liability for design defect; and breach of implied warranty against the defendants responsible for the design, manufacture, production, testing, study, inspection, mixture, labeling, marketing, advertising, sales, promotion and/or distribution of those hormone therapy products that caused her breast cancer,” the plaintiffs’ original complaint states.
The plaintiffs’ claim that the defendants had an obligation to provide warnings about risks and side effects of their hormone therapy drugs as soon as it was aware of them. The suit alleges that the drug companies failed to disclose “an increased incidence and risk of strokes, blood clots, heart attacks, breast cancers and ovarian cancer from these drugs.”
Plaintiffs also assert that the defendants made claims regarding health benefits of the drugs and should have known “that these claims were false and misleading.”
The defendants also gave a false impression that adequate pre-marketing clinical testing and research and post-marketing surveillance had been done, the plaintiffs claim.
“Plaintiff would not have ingested the hormone therapy drugs … or would have discontinued their use, or would have used safer alternative methods, had defendants disclosed the true health consequences, risks, and adverse effects, including the increased incidence and risk of breast cancer and other illnesses, caused by their hormone drugs,” the complaint states.
In the first claim against defendants, the plaintiff alleges that the companies were negligent by failing to exercise reasonable care in designing, manufacturing, testing and distributing the hormone replacement drugs.
“Defendants knew or should have known that their hormone therapy drugs caused unreasonable harm and dangerous side effects that many users would be unable to remedy by any means,” the petition states. “Despite this, defendants continued to promote and market their hormone therapy drugs for use by consumers, including plaintiff, when safer and more effective methods of countering the negative health effects of menopause were available.”
The petition also includes claims for strict liability through failure to warn and design defect.
“These hormone therapy drugs were each dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchased them,” the suit says. “They were more dangerous than plaintiff contemplated. The risk of each of these hormone therapy drugs outweighs its utility.”
The companies also breached implied warranty, the suit said, because the sold the drugs as being of “merchantable quality and safe and fit for their intended use.”
Scharlette Fitzgerald is seeking damages to exceed $75,000, attorney fees, costs of suit and other relief that the court may deem just and proper.
Her husband, Larry Fitzgerald is also seeking monetary damages for his loss of spousal services, society and companionship.
A North Dakota woman has filed a federal lawsuit against several pharmaceutical companies, claiming the hormone replacement drugs she was prescribed led to breast cancer. Sharon Hesch of Minot, is seeking at least $75,000 and additional punitive damages against Wyeth Inc., Wyeth Pharmaceuticals Inc., Pharmacia and Upjohn Co., and Pfizer, Inc. Hesch’’s husband, James, is included as a plaintiff.
A St. Clair County woman claims her use of hormone replacement therapy drugs caused her to develop breast cancer.
Minnie Louise Gray and her husband John E. Gray filed an 11-count suit against Wyeth, Inc. over its drug Prempro, which is used by post-menopausal women. The suit also names Walgreen as a defendant for having sold the drug to Gray.
Oestrogen and progesterone are necessary hormones for reproduction which are produced naturally by a woman’s ovaries. At around the age of 50 the body slows down and eventually stops production of these hormones, which brings on the menopause or ‘change of life’. The menopause is, strictly speaking, the moment when a woman no longer has menstrual periods, but the term is generally used to describe the years leading up to and after that time.
Wyeth must pay $134.1 million, including $99 million in punitive damages, over its mishandling of menopause drugs that helped cause three Nevada women’s cancers, a jury ruled.
Pharmaceutical giant Wyeth, ordered by a Washoe County jury to pay millions to three Northern Nevada women who claimed the company’s hormone replacement drugs caused their breast cancer, also is fighting more than 5,000 legal battles, a spokesman said Thursday.
Reno, Nev., (AP) – A jury has levied a $134.5 million judgment against the pharmaceutical maker Wyeth in a lawsuit filed by three Nevada women who contended that the company’s hormone-replacement drugs had caused their breast cancer.
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